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Terms and Conditions
NexCura owns and operates the Profiler Tools. NexCura is not engaged in rendering medical or professional services. The AHA and ALA are presenting the Heart Profiler Tools and the Lung Profiler Tools in collaboration with NexCura and NexCura is presenting the Cancer Profiler Tools and Female Urinary Incontinence Profiler Tool for educational purposes and as a public service. Neither NexCura, the AHA, the ALA nor the Corporate Sponsors of the Profiler tools are engaged in rendering medical or professional services. You understand and agree that this online service does not render medical or professional services and that while the information provided in this online service may be based on evidence-based reviews of standard practices in healthcare it does not necessarily represent protocols or practices sanctioned by regulatory agencies such as U.S. FDA. You also understand that the information contained in the Profiler Tools is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding diseases and is not intended to provide specific medical advice. You also understand that the information you will receive in your Profiler Tool reports is not intended to be and should not be viewed as a substitute for consultation with a doctor. All medical information should be reviewed by the patient's doctor before making any decision or taking any action. It remains the patient's sole responsibility to evaluate the accuracy, completeness, and usefulness of all information provided in the Profiler Tools. There are a number of ways that you may gain access to the Profiler Tools. You may have accessed the Profiler Tools directly from www.cancer.org (operated by the American Cancer Society), www.americanheart.org (operated by AHA), www.lungusa.com (operated by ALA), www.cancerfacts.com (operated by NexCura), or you may have accessed it from a Third Party Provider's site that has licensed the Profiler Tools from NexCura. Profiler Tool services may be supported in part by funding provided by various entities ("Corporate Sponsors"). Additionally the Profiler Tools may be embedded or co-branded on websites or other properties owned and/or managed by entities seeking to make the Profiler Tools available to their users ("Third Party Providers"). Finally, if you participate in NexCura's additional services for your account ("Optional Updates") you may receive information and surveys concerning products and services offered by NexCura's clients ("Messaging Clients"). 1. License to Profiler Tool. Subject to these Terms and Conditions, NexCura grants you a limited, non-exclusive, royalty-free license to use the Profiler Tool, to view the materials presented to you in the Profiler Tool (the "Materials"), and to download and make copies of these Materials only as necessary for the intended use of the Profiler Tool. You may print copies of your personal Profiler Tool reports for the purpose of reviewing the reports and sharing them with your doctor, family, and caregivers. You are not granted any right to use any trademarks, services marks, logos or the trade dress (including the layout of the Profiler Tool) of NexCura, AHA, ALA or any Corporate Sponsors of the Profiler Tools, which remain the property of NexCura, AHA, ALA or the Corporate Sponsors, and you are not granted the right to copy or use the Profiler Tools for any commercial purpose whatsoever. 2. License to Downloadable Materials. If any area of the Profiler Tool permits you to download any Materials, your download and use of such Materials will be governed by the license agreement displayed on the area of the site containing those Materials, or, in the absence of any such license agreement, by the terms of the license in Section 1. 3. Limitations. Except as expressly stated above, you may not (i) retain or distribute any other copies of any Materials without the express written permission of NexCura, (ii) modify or make derivative works of the Materials, or (iii) incorporate the Materials in any other Web page. All right, title, and interest in and to the Materials and all intellectual property rights therein will remain with NexCura and its licensors and no ownership interest is transferred to you by virtue of the Materials being available through the Profiler Tools. 4. Use of Data. By using the Profiler Tool, you acknowledge that certain data may be collected about you. You agree that NexCura may use such data as described in the NexCura Privacy Policy. In some cases, you may be entering information for a friend, family member, patient or other person ("Principal") into the Profiler Tools ("Agent"). If you are an Agent, you represent that you are over 18 years of age, and you represent that the Principal has read this Agreement, including the Privacy Policy and has expressly authorized you to enter their information, including any of the Principal's personal and medical information into the Profiler Tools. 5. Termination, Suspension, and Expiration. If NexCura removes any Materials from the Profiler Tool, all licenses granted with respect to the removed Materials are immediately terminated except as otherwise expressly stated in the downloadable Material agreements referred to in Section 2. Accounts that are inactive (i.e., no user activity for one year) may be suspended without notice. Following suspension, upon your request, your account will be reinstated. 6. Amendments. By using the Profiler Tool, you agree that this Agreement may be amended or modified from time to time by NexCura without notice and, by continuing to use the Profiler Tool after the date this Agreement has been amended or modified and posted on the Internet, you agree that you are bound by the then existing Agreement. 7. Links to Other Sites. The Profiler Tool may contain links to other websites such as those sites operated by NexCura's Messaging Clients and Third Party Providers. These websites are not under the control of NexCura and NexCura is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement by NexCura, ALA, AHA or the Corporate Sponsors of that site. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses, and other items of a destructive nature. 8. Medical Disclaimer. YOU ACKNOWLEDGE THAT NEXCURA, AHA, ALA AND CORPORATE SPONSORS OF THE PROFILER TOOLS ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE MEDICAL INFORMATION PROVIDED AT THIS SITE SHALL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY. You agree, at your expense, to indemnify, defend and hold NexCura, AHA, ALA and Corporate Sponsors of the Profiler Tool harmless from any and all losses, liabilities, or damages (including attorneys' fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands against such companies arising from or related to decisions or recommendations you make using the information available on this site. 9. Corporate Sponsors are not responsible in any way for the Profiler Tools performance, including but not limited to any failure of the Profiler Tools to perform correctly. Further Corporate Sponsors are not responsible for any patient-identifiable medical data collection, medical data confidentiality, medical data security, or medical data distribution, or for any errors, damages or liability arising from the Profiler Tools. Corporate Sponsors make no representations or warranties that the Profiler Tools performance will be error free or as to the results to be obtained from the use of the Profiler Tools. 10. YOU ACKNOWLEDGE AND AGREE THAT THE AHA, ALA AND CORPORATE SPONSORS OF THE PROFILER TOOLS ARE NOT RESPONSIBLE IN ANY WAY FOR NEXCURA'S PRODUCTS OR PERFORMANCE OF SERVICES, INCLUDING THE PROFILER TOOL, OR THE ABILITY OF THE PROFILER TOOL TO SUBSTANTIALLY PERFORM IN ACCORDANCE WITH NEXCURA'S SPECIFICATIONS. 11. Warranty Disclaimer. THE PROFILER TOOLS AND ANY AND ALL MATERIALS AND SERVICES ARE PROVIDED "AS IS", WITH ALL FAULTS, AND WITHOUT ANY WARRANTY OF ANY KIND AND NEXCURA, AHA, ALA AND NEXCURA'S LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 12. Limitation of Liability. YOU AGREE THAT NEXCURA, AHA, ALA AND NEXCURA'S LICENSORS WILL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING IN ANY WAY FROM YOUR USE OF THE PROFILER TOOL, THE MATERIALS AND THIS SITE, EVEN IF NEXCURA, AHA, ALA OR NEXCURA'S LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 13. Government End Users. The Profiler Tool is a "commercial item" as that term is defined at 48 C.F.R. 2.101. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users may use the Profiler Tool with only those rights set forth in these Terms and Conditions. 14. Governing Law and Disputes. This Agreement and the relationship between you and NexCura shall be governed by the laws of the State of Washington without regard for its conflict of law principles. You agree to exclusive venue and jurisdiction in the state of federal courts of Seattle, Washington and you waive all defenses related to the appointment and selection of such courts by using the Profiler Tools. 15. General. If any provision of this Agreement is to be unenforceable for any reason, the remaining provisions hereof will be unaffected and remain in full force and effect. These Terms and Conditions constitute the entire agreement, and replace and supercede all prior agreements, between you and NexCura concerning the subject matter discussed in this Agreement. Copyright © 1999-2009 NexCura All rights reserved. Contact answers@support.nexcura.com or 1-877-422-3228 with questions or problems. NexCura is located at 10101 Woodloch Forest, The Woodlands, TX 77380.
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