Home
About Us
Methodology
Contact Us
Help/FAQ

ATTENTION: While using this product, please keep in mind the following:

1. The information in this database is intended as a supplement to, not a substitute for, the expertise and judgment of a healthcare professional.

2. The information is not intended to cover all possible uses, directions, precautions, or permutations of what may or may not occur in actual clinical care or treatment.

3. The information is provided as is, and ChemoOrders.com does not warrant that it is complete, accurate, or up to date.

4. Non-healthcare professionals should consult their physician before altering their treatment regimen.

5. All chemotherapy orders generated by the Engine should be independently evaluated by a medical doctor for efficacy and accuracy for the applicable patient prior to use.

6. Neither the Engine nor the Site provide medical advice and the chemotherapy orders generated by the Engine are no substitute for independent medical advice and analysis.

7. The information contained in this database may not be appropriate for use outside the United States. By clicking on the "I Accept" button above, you acknowledge that you have read, understand, and agree to be bound by the terms of the ChemoOrders.com license agreement:

SERVICE AGREEMENT
(Clickwrap version)

This Service Agreement (“Agreement”) governs your medical practice’s use of the chemotherapy treatment template that you generate through the use of our chemotherapy orders engine (“Engine”) provided to you through this website, www.ChemoOrders.com (“Site:”), by ChemoOrders.com, LLC (“CO.com”). In this Agreement, the words “we,” “us”, and “our” mean CO.com and the words “you” and “your” means the medical practice who employs the person using the Site and who submits this Agreement to us as provided in Section 12 below. By completing the login page (“Login Page”) on our Site, you agree that your use of the Site and the Engine will be governed by this Agreement. (Site users must be authorized by their employers to enter into this Agreement and to use this Site on their employer’s behalf and their employer must be a fully-licensed medical practice in the state from which the Engine is being used. If you are not a fully-licensed medical practice in such state, or if the person using the Site is under 18 or is not authorized by their medical practice employer to use this Site, do not use this Site. Also, CO.com does not do business outside the United States. If you do not reside within the United States, please do not use this Site).

1. Using the Site; Ownership of Data. You may use the Site by following the steps described in the Login Page. If your name, e-mail address, postal address or other information changes after you register, please help us keep up with you by filling out the appropriate boxes on the Login Page.

When registering and at other times during your use of our Site, please do not provide us with any personal identifying information regarding your patients including, but not limited to, any data that would qualify as protected personal health information under HIPAA, the Health Insurance Portability and Accountability Act, as amended, or the regulations issued pursuant thereto. Please refer to our Privacy Policy at www.chemoorders.com/privacypolicy (“Privacy Policy”) for our policy on the use of information that you provide to us, which is hereby incorporated into this Agreement by this reference.

ChemoOrders.com, LLC provides the Site free of charge in order to assist medical practices in developing chemotherapy regimens for their patients. Useful health, research and other information can be developed by combining information that you provide during Site visits with those of other Site visitors. ChemoOrders.com, LLC owns all such information and may use such information for any purposes whatsoever except as expressly provided otherwise in the Privacy Policy.

2. The Engine. We will make available to you the Engine for your use in generating chemotherapy treatment regimens for your patients (the “Service”), subject to the terms of this Agreement. The Engine is provided free of charge, provided you agree to the terms and conditions of this Agreement, including, but not limited to, our Privacy Policy. You are solely responsible for your and your employees’ use of the Site and Engine and the accuracy of the data submitted to the Engine. All chemotherapy orders generated by the Engine should be independently evaluated by a medical doctor for efficacy and accuracy for the applicable patient prior to use. Neither the Engine nor the Site provide medical advice and the chemotherapy orders generated by the Engine are no substitute for independent medical advice and analysis.

3. User Names and Passwords. You must protect your User Name and Password that you receive or select for your use of the Site and not disclose these items to anyone. Do not write your User Name or Password on your copy of this Agreement or in any other place where unauthorized persons may obtain these items and gain access to the Engine. Please log off of our Site immediately after you complete your visit to prevent unauthorized access through your computer terminal. We are not responsible for any unauthorized access to or use of the Engine by a person who obtained such access through your logged-in computer terminal, or by using a User Name or Password supplied by you or obtained from you through your negligent storage or handling of such item.

4. Viruses. Immediately before and after you store a treatment protocol or other download from our Site, you should access it and test it to ensure that it is virus-free and uncorrupted. We will take reasonable steps against viruses, but are not responsible for any viruses.

5. Disclaimer and Limitation on Liability. CO.com provides you with the Engine and Service on an “AS IS,” “AS AVAILABLE” basis, without any warranty or condition of any kind, express, implied OR STATUTORY, including, without limitation, any warranty of merchantability, TITLE, fitness for a particular use or nonINfringement. In particular, CO.com does not guarantee uninterrupted, secure or error-free operation of the Engine or the Service, CO.com servers or of the equipment of any sub-contracted service providers, whether or not they are in the direct or indirect control of CO.com. Some jurisdictions do not allow the disclaimer of implied warranties, so the above disclaimer may not apply to you.

IN NO EVENT SHALL CO.com, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, LICENSORS OR OTHER SUPPLIERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OF THE ENGINE OR THE SERVICE. IN NO EVENT SHALL CO.com’s LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT, THE ENGINE OR THE SERVICE EXCEED $100. Some jurisdictions do not allow the limitation of liability or exclusion of liability for incidental, consequential or punitive damages, so the above limitations and exclusions may not apply to you.

You are solely responsible for your use of the Engine and the Site. Because we will not monitor or verify your use of our Engine or Site, we will not be liable for any copyright, patent or trademark infringement or trade secret misappropriation or other violations of third party proprietary, publicity or privacy rights, for any unfair competition, defamation or criminal liability with respect to your use of our Engine or Site. You agree to indemnify, defend and hold CO.com, and its officers, directors, employees, shareholders, members, agents, licensors and other suppliers harmless from and against any claims by third parties arising out of your use of our Engine or the Site.

6. Access Limitations. If we should learn of any circumstances or conditions that, in our sole judgment, make it reasonably possible that we would incur liability if access to the Engine or Site by you is permitted, we may refuse such access without incurring any liability to you because of such refusal. In addition, if at any time you become delinquent in the payment of any fee, we may limit your access to the Engine or the Site.

7. Termination. Either party may terminate this Agreement at any time. CO.com may terminate this Agreement by denying you access to the Engine or the Site. You may terminate this Agreement upon written notice (via hard copy or electronic mail with confirmed receipt). The Privacy Policy and the terms and conditions of this Agreement that by their nature are continuing will survive any termination of this Agreement.

8. Notices. All notices we are required to provide you under this Agreement may be delivered electronically by transmitting the notice to you at the postal or e-mail address that you provided to us on the Login Page. You may contact us Help@chemoorders.com or by mail addressed to ChemoOrders.com, LLC at 2712 Lawrenceville Highway, Decatur, Georgia 30033, Attention: Website Notices

9. Governing Law/Venue/Arbitration. This Agreement is governed by the laws of the State of Georgia, U.S.A., without reference to its conflicts of law provisions. The provisions of the U.N. Convention on Contracts for the International Sale of Goods shall not apply.

You and CO.com agree that any claim, dispute or controversy (“Claim”) by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement, the Engine or the Service, including Claims regarding the applicability of this arbitration provision or the enforceability of any part of the Agreement, shall be resolved by binding arbitration by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The Claim will be heard before a single arbitrator upon whom we agree, or if we do not agree, who is selected by the AAA. For a copy of AAA’s Commercial Arbitration Rules, or to file a Claim or for other information, contact AAA at any AAA office, which are in most major cities in the United States, or online at www.adr.org, by mail at 335 Madison Avenue, 10th floor, New York, New York 10017-4605, or by at telephone 1-800-778-7879. We will not invoke our right to arbitrate any individual Claim you choose to bring in small claims court or your state's equivalent court, if any, so long as the Claim is pending only in that court and does not exceed $5,000.

The Engine and the Service involve interstate commerce, and this arbitration agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"). Any arbitration hearing will take place in Atlanta, Georgia. The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, shall honor applicable statutes of limitations, and shall honor claims of privilege recognized at law. If requested by any party, the arbitrator shall write an opinion containing the reasons for the award. The arbitrator's decision will be final and binding except for any appeal rights under the FAA and except that if the amount awarded exceeds $100,000, any party may appeal the award within 30 days to a three-arbitrator panel which shall review the award de novo. The costs of such an appeal shall be borne by the appealing party regardless of the outcome. Judgment upon any award by the arbitrator may be enforced in any court having jurisdiction.

This arbitration provision applies to all Claims now in existence or that may arise in the future. This arbitration provision shall survive the termination of this Agreement as well as voluntary payment in full by you, any legal proceedings by us to collect a debt owed by you, or any bankruptcy by you.

IN THE ABSENCE OF THIS ARBITRATION PROVISION, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH A COURT AND TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. HOWEVER, EXCEPT AS OTHERWISE PROVIDED ABOVE, THIS ARBITRATION PROVISION REQUIRES THAT ALL CLAIMS BE RESOLVED THROUGH ARBITRATION. APPLICABLE ARBITRATION RULES MAY LIMIT PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ENGINE OR SERVICE USERS, OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

10. Force Majeure. We will not be liable for any nonperformance, delay, error, data loss or other loss or damage caused in whole or in part by power outages, natural disaster or war, an Engine or Site malfunction, or by any event or condition that is beyond the reasonable control of CO.com.

11. Binding Nature of Contract. Once you complete the Login Page and click on the “Submit” button indicating that you have read and agreed to the terms of this Agreement, this Agreement becomes a legally-binding contract between you and CO.com. We therefore recommend that you print out a copy of this Agreement and date it for your records and future reference. CO.com reserves the right to modify the terms and conditions of this Agreement by (i) posting notice of such modifications on our Site or (ii) by providing you with notice during a login session or by sending you an e-mail as set forth in Section 9 above.

12. Miscellaneous. You may not assign any of your rights, obligations or interest in this Agreement to any other person or company. CO.com may assign this Agreement to any third party who agrees to assume all of CO.com’s obligations under this Agreement. Our failure to enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any such provision. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. There are no third party beneficiaries to this Agreement.

Copyright © 2008 ChemoOrders.com. Patent Pending. All rights reserved.

Privacy Policy | Terms and Conditions

ATTENTION: While using this product, please keep in mind the following: The information in this database is intended as a supplement to, not a substitute for, the expertise and judgment of a healthcare professional. The information is not intended to cover all possible uses, directions, precautions, or permutations of what may or may not occur in actual clinical care or treatment. The information is provided as is, and ChemoOrders.com does not warrant that it is complete, accurate, or up to date. Non-healthcare professionals should consult their physician before altering their treatment regimen. All chemotherapy orders generated by the Engine should be independently evaluated by a medical doctor for efficacy and accuracy for the applicable patient prior to use. Neither the Engine nor the Site provide medical advice and the chemotherapy orders generated by the Engine are no substitute for independent medical advice and analysis. The information contained in this database may not be appropriate for use outside the United States.