By accessing, browsing and/or using the Website or other digital content within the Website, you accept the Terms and agree to be bound by the Terms. If you do not agree, please exit this Website immediately. Your remedy for dissatisfaction with this Website, or any products, services, content, or other information available on or through this Website is to stop using the Website.
The Terms only apply to your use of the Website. Other websites which are linked to the Website are only provided as a convenience and are not subject to the Terms, and ORIEN is not responsible for the content or information collection policies of third party websites. Reference or links to any specific third party organization does not constitute an endorsement by ORIEN or any of the ORIEN Members.
We reserve the right to change the Terms from time to time as we deem necessary or appropriate. By using the Website after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Collection of Personal Information
When you visit the Website, we collect certain information. The information that we collect may depend on your purpose in visiting the Website. You are provided an opportunity to "contact us" that may include a submission of individual identifying information (“Personal Information”).
You can access and browse the Website at any time without providing any Personal Information. Except for the general non-personal and browsing information listed below, we do not collect identifying or other Personal Information about you. If you choose to use the "contact us" function available on the Website, we will collect only the email address and information you voluntarily submit to us through that function. Your email address and a copy of the communication will only be kept to respond to your question and for internal audit purposes only.
You should note that electronic communications, including email, are not necessarily secure against interception. While we take precautions, we make no representations, guarantees, or assurances regarding the security of your information provided to us.
Collection of Non-Personal Information
We may also collect non-personal information about you, such as “browsing information,” that includes, among other things:
- The name of the domain or the IP address from which you access the internet.
- The date and time you access our service.
- The web pages you visit.
- Your device type.
- Your operating system type.
- The internet address of the website from which you linked directly to us.
- The name and release number of the web browser software you are using.
Any collected non-personal information may be maintained indefinitely and used for our internal business and marketing purposes, such as assessing traffic patterns and usage of various features on the Website. We will not use the non-personal information gathered while you are browsing the Website to try and identify you.
How Is My Information Used?
We may use the collected non-personal information and data for various purposes:
- To provide and maintain our service and Website.
- To provide customer support.
- To monitor the usage of our service and Website.
- To gather analysis or valuable information so that we can improve and customize your browsing experience and for analytics and metrics about our visitors both on this Website and other media.
- To detect, prevent and address technical issues.
Is My Information Shared with Third Parties?
We will share certain Browsing Information we collect about you with third parties who perform services for us or with whom we contract for the purposes described in these Terms. For example, we may use third parties to host our Website or data, operate certain features, send e-mails, print or mailings, and analyze data and our advertising effectiveness.
We may share browsing information, and non-personal information including demographic information with select third parties on an anonymous basis (that is, in a way that does not connect your non-personal information to your Personal Information or disclose your Personal Information in any fashion).
If an ORIEN Member, or substantially all of its assets, are sold, or an ORIEN Member reorganizes or merges into another entity, then your information, including Personal Information, will likely be one of the transferred assets. On rare occasions, we may be required to disclose your Personal Information as required by law and as necessary to comply with a judicial proceeding, court order, or legal process served on us. Or we may need to do so to protect our customer’s rights.
Use of Website
You may use or download the items you see, hear, or otherwise receive from or on the Website (the “Content”) for educational purposes, or for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices with them. No other use of any Content is permitted.
You agree that you will not violate any local, state, federal or international laws in using the Website or accessing any material on the Website. You agree that you will make no use of the Website that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS NOT PROVIDED AS A PROFESSIONAL SERVICE OR AS MEDICAL ADVICE FOR SPECIFIC PATIENTS. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE AND IF YOU HAVE, OR SUSPECT YOU MAY HAVE, A HEALTH PROBLEM, YOU SHOULD CONSULT YOUR HEALTH CARE PROVIDER. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS WEBSITE.
We make no representation and assume no responsibility for the accuracy of information contained on or available through the Website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Website with other sources, and review all information regarding any medical condition or treatment with your physician. Never disregard professional medical advice or delay seeking medical treatment because of something you have read on or accessed through the Website. We do not recommend, endorse or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this Website.
Use of Website and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our Website, including, without limitation, the maximum number of days that transmitted content will be retained. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Website. For purposes of these Terms, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. You should preserve backup copies of any digital data, information, or other materials that you have emailed to us. You agree not to hold us liable for any damage to, any deletion of, or any failure to store your files, data, non-personal information, or Personal Information.
Disclaimer of Warranty and Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED “AS IS” BY ORIEN FOR EDUCATIONAL PURPOSES ONLY. NEITHER ORIEN NOR THE ORIEN MEMBERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT.
NEITHER ORIEN NOR THE ORIEN MEMBERS TAKE RESPONSIBILITY FOR, AND EACH DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER, ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE.
YOU ASSUME THE SOLE RISK OF TRANSMITTING YOUR INFORMATION AS IT RELATES TO THE USE OF THE WEBSITE, AND FOR ANY DATA CORRUPTIONS, INTENTIONAL INTERCEPTIONS, INTRUSIONS OR UNAUTHORIZED ACCESS TO INFORMATION, OR OF ANY DELAYS, INTERRUPTIONS TO OR FAILURES PREVENTING THE USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THE WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THE WEBSITE.
IN NO EVENT SHALL ORIEN OR THE ORIEN MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES AND PENALTIES, IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THE WEBSITE OR CONNECTIVITY TO OR FROM THE WEBSITE TO ANY OTHER WEBSITE.
We ask that you not send us, and you not disclose, any sensitive information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical information or criminal background) on or through the Website or otherwise to us.
"Do Not Track" Signals Under California Online Privacy Protection Act (CalOPPA)
We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Intellectual Property Rights
Unless otherwise expressly noted, you should assume the Content of the Website is copyright, trademark, trade dress or other intellectual property owned or licensed by ORIEN and/or the ORIEN Members. The Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the Website as a whole and any other materials on the Website.
Specifically, the ORIEN™, Oncology Research Information Exchange Network®, and Total Cancer Care® trademarks and variations thereof are owned by ORIEN and/or an ORIEN Member. All trademarks and variations of any current or future ORIEN Member belongs to such ORIEN Member. You may not use any of these at any time for any reason.
Nothing in these Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Website.
You are only permitted to use the Content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
Neither ORIEN or the ORIEN MEMBERS warrant or represent that your use of Content or materials displayed on, or obtained through, this Website will not infringe the rights of third parties.
If you submit any user materials (as explained further below) within a "contact us" email, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any user materials you submit, as to such user materials: (a) you are the sole author and owner of the intellectual property and other rights to the user materials, or you have a lawful right to submit the user materials and grant us the rights to it that you are granting by these Terms and any additional terms, all without any obligation on our part to obtain consent of any third party and without creating any obligation or liability for us; (b) the user materials is accurate; (c) the user materials does not, and as to our permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the user materials will not violate these Terms or any additional Terms, or cause injury or harm to any person.
We have no obligation to monitor or enforce your intellectual property rights to your user materials, but you grant us the right to protect and enforce our rights to your user materials, including by bringing and controlling actions in your name and on your behalf (at our cost and expense, to which you hereby consent and irrevocably appoint us as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Subject to these Terms, any communication or material that you transmit to this Website, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a nonexclusive, royalty-free, fully paid, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others and ask you to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to us immediately. To be effective, the notification must include:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Ronald A. Christaldi, Esq.
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Tampa, Florida 33602
Transfer of Data
Your information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data to the United States and process it there. Your consent to these Terms followed by your submission of such information represents your agreement to that transfer.
European Union Data Rights
In accordance with the General Data Protection Regulation (“GDPR”), controllers of certain personal information have a duty to provider users located with the European Union with specific information and disclosures concerning how ORIEN handles your information and your data rights.
Identity of the Controller
M2Gen, Corp. d/b/a Aster Insights
4904 Eisenhower Blvd, Suite 350
Tampa, Florida 33634
Purposes of Processing
Your information is processed in accordance with these Terms. To the extent you choose to submit information through the "contact us" function, the basis for processing your information is by contract. Where there is an option for you to opt-in to receive additional information from us and you choose to do so, the basis for processing is your affirmative consent.
Recipients or categories of Recipients of Personal Information
We provide your information to our third parties who perform services for us or with whom we contract for the purposes described in these Terms. These third parties include web hosting providers, customer service providers, payment card processors, shipping, billing services providers, and packing and logistics services providers.
If a transfer of your information is required to a third country or international organization, the transfer is pursuant to appropriate and suitable safeguards, including the execution of the Standard Contractual Clauses as approved by the European Commission.
Retention Schedule for Personal Information
We maintain the information that you provide us and we collect from you until you contact us to request deletion of such information. We will not be able to comply with requests for deletion in all cases.
EU data subjects have the following data rights:
- A right to access to the personal information we have for such data subject;
- A right to rectification of incorrect personal information;
- A right to request erasure of the personal information we have for such data subject;
- A right to restriction of processing concerning such data subject;
- A right to object to our processing of such personal information;
- A right to data portability, that is, a copy of the data we have on such data subject;
- A right to withdraw consent at any time to our processing of such data subject’s personal information; though, we will not be able to comply with all requests to withdraw consent consistent with the Total Cancer Care Protocol; and
- A right to lodge a complaint with a supervisory authority.
You may exercise your data rights by contacting us, in writing, at the address indicated above.
Governing Law; Exclusive Jurisdiction
The laws of the State of Florida will apply to the Terms, without regard to provisions governing conflicts of laws, and all disputes, claims or proceedings must be brought exclusively in the courts of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, or the United States Federal District Court for the Middle District of Florida, Tampa Division, as applicable.
If you need to provide written notices to ORIEN, please mail to:
M2Gen, Corp. d/b/a Aster Insights
4904 Eisenhower Blvd, Suite 350
Tampa, Florida 33634
Attention: Administrator, Oncology Research Information Exchange Network
With A Copy To:
Ronald A. Christaldi, Esq.
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Tampa, Florida 33602
Third Party Suppliers
We may use suppliers, such as software companies, to provide, support and maintain the Website. These suppliers are protected under the Terms as intended third party beneficiaries.
You agree to defend, indemnify and hold ORIEN, the ORIEN Members, and each of its officers, directors, physicians, employees, and agents harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorneys’ fees, arising in any way from your use of or access to the Website.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your access and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Website immediately ceases, and you acknowledge and agree that we may immediately delete all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Your obligations to us will continue upon termination of your rights under these Terms, including restrictions regarding the content, disclaimers, indemnification obligations and liability limitations under the Terms. Upon termination of your rights, you must promptly destroy all content downloaded or obtained from this Website, as well as all copies of any content.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.
If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and ORIEN relating to the Website. Any other agreements between you and ORIEN regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.
BY USING THE WEBSITE, YOU ACCEPT THESE TERMS.