These Terms were last updated May 14, 2020.
The Digital Platform allows Users to track current and pending prescription orders, view prescription order history, receive and customize reminders for prescription refills, pay invoices, and communicate with User’s healthcare professional, clinician, or pharmacist regarding User’s prescription by phone or SMS messaging.
PLEASE READ these Terms CAREFULLY BEFORE ACCESSING OR USING THE DIGITAL Platform. These Terms GOVERN User’s USE OF THE DIGITAL Platform AND AFFECT User’s LEGAL RIGHTS AND OBLIGATIONS. These Terms shall remain in effect until User ceases using the DIGITAL Platform or Onco360 terminates USER’S right to use the DIGITAL platform. User must be at least 18 years old to access and use the Digital Platform. By registering for, accessing, or using any part of the DIGITAL platform, user agrees that User has read, understood, and agreeD to be bound by these terms. IF User does not agree to be so bound, PLEASE do not access or use the DIGITAL platform.
Onco360 reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. User is responsible for checking these Terms periodically for changes. User’s continued use of the Digital Platform means that User agrees to any new or modified provisions of these Terms posted on the Digital Platform.
1. Access and Use of the Digital Platform
- Before User may access and use the Digital Platform, User first must set up an account by registering through the Digital Platform. Once User’s account has been set up in the Digital Platform, User may access the Digital Platform. Upon completion of the registration process and acceptance of these Terms, and subject to the terms and conditions of these Terms, Onco360 hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Digital Platform for User’s personal use. When User registers to use the Digital Platform, User will provide Onco360 with information relating to User’s identity and certain other information, including User’s e-mail address and telephone number.
- To the extent that User provides any information, including but not limited to personal information, to Onco360 or its representatives, User warrants that (a) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by Onco360 and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT TO THE EXTENT USER SUBMITS, PROCESSES OR TRANSMITS ANY PATIENT DATA OR PROTECTED HEALTH INFORMATION (AS SUCH TERM IS DEFINED IN 45 CFR § 160.103) IN OR THROUGH THE DIGITAL Platform, USER HAS OBTAINED ALL NECESSARY PERMISSIONS, CONSENTS, LICENSES, AND AUTHORIZATIONS NECESSARY TO TRANSMIT, UPLOAD, AND OR/USE THE PATIENT DATA AND/OR PROTECTED HEALTH INFORMATION IN CONNECTION WITH THE SERVICES provided hereunder OR OTHERWISE IN CONNECTION WITH these Terms. User understands and agrees that Onco360 will store or otherwise retain patient data and other protected health information provided by User and that Onco360 and the Digital Platform will be acting as a conduit for any such information received under these Terms. User acknowledges and agrees that the Internet is inherently insecure and that patient data and/or protected health information transmitted in connection with the Digital Platform or these Terms may be subject to interception by an unauthorized third party.
- Registration for the Digital Platform requires a valid, working e-mail address, phone number and/or other information in order to initially sign up for access to and use of the Digital Platform. Additionally, User may be required to create a username and password to securely access the Digital Platform. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Digital Platform. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User should immediately notify Onco360 in writing of any need to deactivate User’s account due to potential or actual security concerns. Onco360 will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Digital Platform under User’s login credentials.
- If User uses the Digital Platform to review or request a renewal of a prescription, User agrees that it is up to User to (a) verify that User has obtained the intended prescription and medication; (b) review all accompanying labels, instructions and information; and (c) contact User’s healthcare provider with any questions or concerns regarding User’s prescriptions. Onco360, its licensors and service providers are not responsible for any inaccuracy in prescriptions, medications, or the way in which User takes such medications.
- Onco360 may use email and push notifications to communicate with User on a recurring basis. By providing User’s email address and/or phone number, User consents and gives permission to be contacted at such email address and/or phone number by Onco360 and its partners. In addition, by enabling push notifications through the Digital Platform, User consents and gives permission to receive such notifications by Onco360 and its partners. User may manage User’s notification settings by updating User’s profile on the Digital Platform or updating User’s phone settings. User understands that consent is not a condition of purchase. User certifies that User has provided User’s own contact information.
- Onco360 will use commercially reasonable efforts to provide access to the Digital Platform 24 hours a day, 7 days a week, except in the case of natural disasters or events beyond Onco360’s control and subject to any breakdowns or maintenance operations required to ensure the smooth operation of the Digital Platform. Onco360 will not be liable for any failures or deficiencies in the performance of the Digital Platform by reason of maintenance, breakdown, or any event beyond Onco360’s reasonable control, including without limitation natural disasters, Internet outage, interruption of service, labor disturbances, technological disaster, terrorism, or war.
- User acknowledges that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media, that may give rise to loss or damage. Onco360 shall not be liable for any such errors, omissions, delays, or losses. User understands and agrees that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. All information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. Onco360 shall not be responsible for any adverse consequences whatsoever of User’s connection to or use of the Internet, and shall not be responsible for any use by User of an Internet connection in violation of any law, rule, or regulation or any violation of the intellectual property rights of another.
- User’s rights under these Terms will terminate automatically without notice from Onco360 if User fails to comply with these Terms. Upon termination, User shall immediately cease all use of the Digital Platform. Onco360 reserves the right to terminate User’s access to any or all aspects of the Digital Platform or to discontinue any aspect of the Digital Platform at any time for any reason whatsoever without notice to User.
User may only use the Digital Platform for lawful purposes. User agrees that User will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of Onco360 or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Digital Platform; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Digital Platform or the proper working thereof, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Digital Platform or any content thereon, or in any way reproduce or circumvent the navigational structure or presentation of the Digital Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Digital Platform; (v) misrepresent User’s identity, provide false information, impersonate another person or entity, misrepresent User’s affiliation with a person or entity, including, without limitation, Onco360, create or use a false identity, or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Digital Platform; (vii) collect, reverse look-up, trace or seek to trace, manually or through automated means, information about other users or visitor to the Digital Platform without their express consent; (viii) use any meta tags or any other hidden text utilizing the Onco360 name, service marks, trademarks, or product or service names; (ix) advertise, offer to sell, or sell any goods or services set forth in the Digital Platform or otherwise use the Digital Platform to solicit other users, except as expressly permitted by Onco360; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Digital Platform; (xi) probe, scan, or test the vulnerability of the Digital Platform or any network connected thereto, or breach the security or authentication measures on the Digital Platform or any network connected thereto; (xii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Digital Platform or Onco360’s systems or networks, or any systems or networks connected thereto; or (xiii) assist any third party in engaging in any activity prohibited by these Terms.
3. Intellectual Property
The Digital Platform, and all intellectual property, trademarks, service marks, information, data, and other materials made available to User in connection with these Terms, together with the design of the Digital Platform, and text, scripts, graphics and features and other content and materials therein (collectively, “Content”) are the sole and exclusive property of Onco360 and its licensors, and are available to User solely for purposes of User’s use of and access to the Digital Platform in accordance with these Terms. The Content is owned by or licensed to Onco360 and protected by copyright and other intellectual property rights under the United States and foreign laws and international conventions. All rights, title and interests in and to the Content and all copyrights, trade secret rights, patents, trademarks and any other intellectual property or proprietary rights in and to the Content shall at all times remain the exclusive property of Onco360 and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Content.
4. Compliance with Laws; Privacy
- In order to provide the Digital Platform and products to User, the Digital Platform may access and process Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Onco360’s use of PHI is governed by separate terms and conditions between Onco360 and its customers. PHI should only be submitted through the Digital Platform as permitted or required for use of the Digital Platform and is subject to Onco360’s Notice of Privacy Practices (“Notice of Privacy Practices”)
5. Communications with Users; Links to Third Parties
- Onco360, through the Digital Platform or the contact information User has provided, may contact User regarding certain offers or products of Onco360 or other of its partners that Onco360 believes may be beneficial to User. User understands and agrees that Onco360 may contact User in this manner. User also will be asked to grant an authorization for Onco360 to use User’s PHI in connection with its business partners and the advertising and offers that may be directed to User before Onco360 uses User’s PHI in such a manner. User may decide to authorize Onco360 to act in this manner by accepting such terms in the process of signing up for the Digital Platform. User will also have the authority to opt out of such use at any time by contacting Onco360.
6. Mobile Terms
By providing User’s telephone number to Onco360 or User’s physician and agreeing to participate in the Onco360 Mobile Text Program, User consents to receive text messages and/or push notifications from or on behalf of us and/or our partners and suppliers. User may opt-out at any time by texting STOP to 70144 or contacting us through one of the methods listed under “Contact Information” below. For more information about the Onco360 Mobile Text Program, please click here.
User AGREEs THAT User’s USE OF THE DIGITAL Platform SHALL BE AT User’s SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ONCO360, ITS SUPPLIERS, and AFFILIATES, and THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL PLATFORM, CONTENT, AND User’s USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE AND NON-INFRINGEMENT. The dIGITAL PLATFORM and ALL CONTENT are PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ONCO360 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE DIGITAL PLATFORM or CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM User’s ACCESS TO AND/OR USE OF THE DIGITAL PLATFORM or Content, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ONCO360’S OR its SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY TRANSMISSION TO OR FROM THE DIGITAL Platform, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL Platform THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER ONCO360 NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE DIGITAL PLATFORM or CONTENT WILL MEET User’s REQUIREMENTS, (B) THE OPERATION OF THE DIGITAL Platform WILL BE UNINTERRUPTED OR ERROR-FREE, OR (c) THE DIGITAL PLATFORM or CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED. USER UNDERSTANDS AND AGREES THAT NOTHING IN THIS SECTION SHALL LIMIT OR RESTRICT USER’S RIGHTS WITH RESPECT TO ITS phi UNDER HIPAA, AS DESCRIBED IN ONCO360’S NOTICE OF PRIVACY PRACTICES.
The Digital Platform is intended for informational purposes only and is not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. The Digital Platform, as well as any other service offered by or through the Digital Platform, are not intended to be substituted for medical diagnosis or treatment. Onco360 does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, “off-label” drug uses, or other information that may be mentioned in the Digital Platform. User’s reliance upon any information obtained or used by User is solely at User’s own risk. Onco360 is not responsible for the accuracy of any information or content provided or sent by User or other users of the Digital Platform. User is responsible for verifying the accuracy of any information User sends or receives through the Digital Platform, including User Data or any of User’s health information, data, or records. If User has an emergency, do not use the DIGITAL Platform to contact user’s physician – User should call 911 and request emergency care assistance.
8. Limitation of Liability
IN NO EVENT SHALL ONCO360, ITS SUPPLIERS, or AFFILIATES, OR THEIR respective OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES in the DIGITAL Platform, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF the DIGITAL Platform, (IV) ANY TRANSMISSION TO OR FROM the DIGITAL Platform, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORM, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF User’s USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL Platform, AND/OR (VII) THE DISCLOSURE OF INFORMATION PURSUANT TO these Terms, in each case WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONCO360 IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE Applicable JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND ONCO360, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED in the aggregate THE greater of the AMOUNT ACTUALLY PAID by User to Onco360 (if any) OR One hundred Dollars ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO User. IF User is DISSATISFIED WITH ANY PORTION OF THE DIGITAL Platform, OR WITH ANY portion OF these TErms, User’s SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL Platform.
IF User is A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN these terms, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO User.
Any claim or cause of action arising out of or related to User’s use of the Digital Platform, these Terms, or User’s use of Content made available through or on the Digital Platform must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
User agrees to defend, indemnify, and hold Onco360, its suppliers and affiliates, and their respective officers, directors, employees and agents harmless from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Digital Platform, and User covenants not to sue Onco360 or its affiliates for any injuries to User or User’s property arising out of or related to User use of the Digital Platform.
10. Disputes; Governing Law and Jurisdiction
These Terms shall be governed by the internal substantive laws of the State of Kentucky, without respect to its conflict of laws principles. Any claim or dispute between User and Onco360 that relates to or arises in whole or in part from these Terms shall be decided exclusively by a court of competent jurisdiction located in Jefferson County, Kentucky, provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Digital Platform or any information, materials or services User obtains from Onco360 requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in Jefferson County, Kentucky, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE DIGITAL Platform REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts located in Jefferson County, Kentucky for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce Onco360’s intellectual property rights under these Terms, and (ii) for service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts in Jefferson County, Kentucky.
Onco360 may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of Onco360, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Onco360’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by Onco360, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to Onco360.
12. Contact Information
If User has any questions about these Terms, Onco360’s practices, or User’s dealings with the Digital Platform, please contact us at (877) 662-6633 or [email protected]. User also may contact Onco360 at the address set forth below:
13410 Eastpoint Centre Drive
Louisville, KY 40223