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Last updated: August 22, 2017

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.rockymountaincancercenters.com website (the “Site”) operated by Rocky Mountain Cancer Centers (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms and our Privacy Policy, found at www.rockymountaincancercenters.com (“Privacy Policy”). These Terms apply to all visitors, users and others who wish to access or use the Site.

By accessing or using the Site you agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of these Terms or the Privacy Policy then you do not have permission to access the Site.

The Site is offered and available to users who are 18 years of age or older. If you do not meet this requirement, you must not access or use the Site.

Access And Use

Subject to your strict compliance with these Terms of Use, you may use the Site, including the content made available via the Site (“Content”) solely for your personal use.  You agree not to:

  • access the Site or any Content to build a competitive product or service;
  • modify, copy or reverse engineer the Site or any Content or any part thereof;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content;
  • copy any ideas, features, functions or graphics of the Site;
  • collect information from the Site using an automated software tool or manually on a mass basis;
  • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
  • restrict or inhibit other users from accessing or using the Site;

  • introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you; or

  • access or use the Site or Content for any unlawful purpose or otherwise beyond the scope of the rights expressly granted in these Terms of Use.

User Content

The Site may enable users to submit, upload, post, or share (hereinafter, “post”) comments and other user-generated content (collectively, “User Content”) and interact with others through user comment areas, message boards, and similar user-to-user areas. You may not post any User Content that:

  • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable; constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
  • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
  • encourages criminal conduct;
  • contains false, misleading, fraudulent, or deceptive claims or content;
  • gives the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or
  • contains any virus, malware, spyware, or other harmful content or code.

You hereby grant to us an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or through the Site for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to us that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

You agree that you are solely responsible for your User Content, and you acknowledge and agree that we are not responsible for, and do not endorse, any User Content.

We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Site. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Site. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

While we appreciate your interest in the Site and our business, we do not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by us or on our behalf might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials.  Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Site or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.

Copyright Infringement

We take claims of copyright infringement seriously.  We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

               Mindy Grantham
               7951 E Maplewood St, Suite 350
               Greenwood Village, CO 80111
              [email protected]

*NOTE: This contact information is for inquiries regarding potential copyright infringement only. 

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Intellectual Property

The Site and its Content, features, and functionality are and will remain the exclusive property of Rocky Mountain Cancer Centers and its licensors. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. All rights in and to the Site not expressly granted to you are reserved by us.

As between you and us, the trademarks, service marks, and logos displayed via the Site (“Marks”) are owned by us or our licensors.  You must not use the Marks without the prior written consent of Rocky Mountain Cancer Centers.

Links To Other Web Sites

Our Site may contain links to third-party web sites or services that are not owned or controlled by Rocky Mountain Cancer Centers.

Rocky Mountain Cancer Centers has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant or endorse the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Rocky Mountain Cancer Centers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Modification; Termination

We reserve the right to make changes to, or to discontinue, the Site or any portion thereof (including any Content) at any time. You agree that we will not be liable to you or to any third party for any such change or discontinuance.

We may terminate or suspend your access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Rocky Mountain Cancer Centers and its affiliates and licensors, and our and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Site and/or any Content, or b) a breach of these Terms.

Limitation Of Liability

IN NO EVENT SHALL ROCKY MOUNTAIN CANCER CENTERS, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES OF ANY NATURE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE OR GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR CONTENT; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (III) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY CONTENT OBTAINED FROM THE SITE; IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SITE AND THE CONTENT ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.  THE CONTENT PRESENTED THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. YOU SHOULD NOT RELY ON THE CONTENT AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  WE DO NOT WARRANT THE ACCURACY, QUALITY, CURRENTNESS, COMPLETENESS, OR USEFULNESS OF THE CONTENT.  ANY RELIANCE YOU PLACE ON THE CONTENT IS STRICTLY AT YOUR OWN RISK AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY SUCH RELIANCE.

ROCKY MOUNTAIN CANCER CENTERS ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SITE WILL FUNCTION UNINTERRUPTED, IS SECURE OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Should applicable law not permit the foregoing exclusion of express or implied warranties, then we hereby grant the minimum express or implied warranty required by such applicable law.

If any portion of the limitations on liability set forth above is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed U.S. $50.

Geographic Restrictions

We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States.  Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law; Jurisdiction; Waiver of Jury Trial

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.  Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Site (including any Content) shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING ANY CONTENT).

Waiver and Severability; Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms and the Privacy Policy constitute the entire agreement between us regarding the Site, and supersede and replace any prior agreements we might have had between us regarding the Site.

Changes to the Terms of Use

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. All other revisions will become effective immediately upon posting.  What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.

Contact Us

If you have any questions about these Terms, please contact us.

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