Site Terms of Use


By using this site, you signify that you have read and assent to these Terms and Conditions of Use. If you do not agree to follow all of the Terms and Conditions of Use, do not use this site.

BCGOncology.com (BCG Oncology) reserves the right to update these Terms and Conditions of Use at any time. Your continued use of the BCG Oncology website means that you accept those changes.

This site does not provide medical advice. The content of the BCG Oncology site, including text, graphics, images, information obtained from licensors, and other material ("Content") contained on the BCG Oncology site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding your medical condition.

Use of Content

BCG Oncology authorizes you to view or download a single copy of the material on the BCG Oncology website solely for your personal, noncommercial use. Any use of the Content must carry the copyright notice as follows: "© 2005 - 2008, BCG Oncology, P.C. All rights reserved."

The Content is protected by copyright under United States and foreign laws. Title to the Content remains with BCG Oncology or its licensors. Any use of the Content not expressly permitted by these terms and conditions is a breach of these terms and conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of BCG Oncology. If you violate any of these terms and conditions your permission to use the Content automatically terminates, and you must immediately destroy any copies of any portion of the Content.

Trademark Disclosure

Unless otherwise noted, the BCG Oncology brand, name and logo are registered trademarks of BCG Oncology, P.C., and may not be used without the prior written approval of BCG Oncology, P.C. All other brands, names, and logos are the property of their owners and are used with specific permission by BCG Oncology, P.C.

*All other brands and names are the property of their respective owners

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Disclaimer

Information available in this site is intended for public education only, unless otherwise noted. It is not designed or intended as a substitute for personal evaluation by a physician; nor should this information be used to diagnose disease, illness, or other health problems, or to develop an independent course of therapy. If you are a patient of BCG Oncology, please communicate directly with BCG Oncology office staff.

eConsultation Services

By using the e-Consultation service offered by BCG Oncology, P.C., I agree to abide by the terms and conditions posted on www.bcgoncology.com, including particularly the terms and conditions described below.

By requesting a second opinion pursuant to this website, you acknowledge and agree:

  1. That the diagnosis you receive is limited and provisional without a physical exam, and
  2. A second opinion is not intended to replace a full medical evaluation of a face-to-face visit with Dr. Lamm.
  3. I understand that I am responsible for obtaining, releasing and providing my medical records.
  4. Dr. Lamm encourages you to share any information obtained as a second opinion with your physician. Dr. Lamm is not liable for any consequences that may result from a patient choosing to withhold information from his or her regular physisican.
  5. The absence of a physical exam may affect Dr. Lamm's ability to diagnose your condition. By engaging Dr. Lamm's e-Consultation services, you acknowledge and agree to assume the risk of this limitation. You further understand that no warranty or guarantee has been made to you concerning any particular result or cure of your condition.
  6. Please be advised that the BCGOncology.com e-Consultation service is unavailable in the following states and countries. The excluded states, territories and countries are:

    American Samoa, Federated States of Micronesia, Guam, Iowa, Louisiana, Maine, the Marshall Islands, the North Mariana Islands, Oregon, Pilau, Puerto Rico, South Carolina, Tennessee, and the Virgin Islands. The excluded countries are: Cuba, Iran, Iraq, Korea, Democratic Peoples' Republic of North Korea, Libya, Sudan, and Syria.

Liability of BCG Oncology and Its Licensors

The use of the BCG Oncology site and its Content is at your own risk.

When using the BCG Oncology site, information is transmitted over a medium which is beyond the control and jurisdiction of BCG Oncology. Accordingly, BCG Oncology assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the BCG Oncology site.

The BCG Oncology site and the Content are provided on an "as is" basis. BCG Oncology and its licensors, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, noninfringement of third-party rights, and fitness for a particular purpose. Specifically, BCG Oncology makes no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of a site.

The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the BCG Oncology site.

In no event shall BCG Oncology, its licensors, or any third party(ies) mentioned on the BCG Oncology site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, and damages resulting from lost data or business interruption) resulting from the use or inability to use the site or the Content, whether based on warranty, contract, tort, or any other legal theory and whether or not BCG Oncology is advised of the possibility of such damages. BCG Oncology is not liable for any personal injury, including death, caused by the use or misuse of the site. Content or public areas must be brought within one year of the date of the occurrence of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions

You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. You agree that any such submission is nonconfidential for all purposes. If you make such submission, you are warranting that the owner of such content has expressly granted BCG Oncology a royalty free, perpetual, irrevocable, worldwide nonexclusive right to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or Content in any media or medium, or any form or format now known or hereafter developed.

Advertising and Links to Other Sites

BCG Oncology does not endorse the content of any third-party website. BCG Oncology is not responsible for the content of links, third-party sites, sites framed within the BCG Oncology site or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk. BCGOncology currently does not accept advertising.

Indemnity

You agree to defend, indemnify, and hold BCG Oncology, its officers, directors, employees, agents, licensers, and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees resulting from or alleged to result from your violation of these terms and conditions.

General

BCG Oncology is based in Phoenix, Arizona, in the United States of America. BCG Oncology makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the BCG Oncology site from outside the United States, you do so at your own risk and you are solely responsible for compliance with the laws of your jurisdiction. All of the provisions of this agreement survive the expiration or termination of the Terms and Conditions for any reason whatsoever.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with BCG Oncology or in any way relating to your use of the BCG Oncology site, resides in the Courts of the State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the Courts of the State of Arizona in connection with any dispute including any claim involving BCG Oncology or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the laws of the State of Arizona, without respect to its conflicts of law principles. If any provisions of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

These Terms and Conditions constitute the entire agreement between you and BCG Oncology with respect to the use of the BCG Oncology site and Content. Your use of the BCG Oncology site is also subject to the BCG Oncology disclaimers and policies posted herewith.

March 1, 2005

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