Last updated on May 5, 2020
Terms of Service
Scope of Application
These legally binding Terms of Service apply broadly to your use of the nexusoncology.com website, your attendance at and participation in medical education events hosted by Nexus Oncology LLC (“us,” “we,” or “Nexus Oncology”), and your purchase and use of any other products or services that we offer.
IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE THE NEXUSONCOLOGY.COM WEBSITE, ATTEND OUR EVENTS, OR PURCHASE ANY PRODUCTS OR SERVICES FROM US.
Information for Educational Purposes Only
The information we make available on our website, at our medical education events, or otherwise in connection with our products and services is provided for educational purposes only. This information includes all text, audio, video, profiles, charts, graphics, images, advice, messages, and postings, whether provided by Nexus Oncology, thought leaders we engage, or other third parties, including information regarding treatments, dosages, and outcomes.
While we try to keep the information we provide through our website, medical education events, and otherwise current, information changes rapidly. Therefore, we cannot guarantee that all of the information you obtain from or through us is current or complete. If you rely on any information you receive by or through us, you do so at your own risk.
Information is Not Medical Advice or Training
We make information available on nexusoncology.com and through our events and other products and services that relate to medical matters, although that information never qualifies as medical advice or medical training. We do not employ physicians or ever offer medical advice or training to anyone. Thought leaders and other third parties we engage to provide content on our website, at our medical education events, or through other channels made available to you may be physicians. However, they are not acting in an official capacity as your physician or as a provider of medical training.
We intend for the information we make available to you to be helpful, although you should not rely on it to take or not take necessary actions. Our information is not intended to be applied to specific circumstances that you or another individual is facing. You are responsible for your own medical care, treatment, and oversight, as well as any care, treatment, or oversight you provide to others.
Nexus Oncology Events are Not Continuing Medical Education
The medical education events that we host do not qualify as continuing medical education, as defined by the Accreditation Council for Continuing Medical Education.
Nexus Oncology may provide links from our website to third-party websites. Since third-party websites are outside of our control, Nexus Oncology does not make any representations or warranties as to the content, privacy, or security of third-party websites. We do not endorse any third-party websites or content. Your use or reliance on any external links, and the content you access from them is done at your own risk.
DISCLAIMERS OF LIABILITY
NEITHER NEXUS ONCOLOGY NOR ANY OF OUR EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OWNERS, CONTRACTORS, CONSULTANTS, REPRESENTATIVES, ADVISORS, OTHER AGENTS, OR ANY OF THEIR AFFILIATES BEARS ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE NEXUSONCOLOGY.COM WEBSITE OR THAT WE MAKE AVAILABLE AT AN EVENT OR IN CONNECTION WITH ANY OF OUR OTHER PRODUCTS OR SERVICES. SIMILARLY, THEY ARE NOT LIABLE FOR ANY ACTIONS YOU TAKE OR CHOOSE NOT TO TAKE IN RELIANCE ON THAT INFORMATION.
ALL INFORMATION MADE AVAILABLE TO YOU, AND ALL OF OUR PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS, WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CONCERNING THE INFORMATION, PRODUCTS, AND SERVICES NEXUS ONCOLOGY PROVIDES TO YOU, NEXUS ONCOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY AND EFFECTIVENESS OF THE INFORMATION, PRODUCTS, AND SERVICES WE PROVIDE TO YOU STARTS AND ENDS WITH YOU.
WE DO NOT WARRANT THAT THE NEXUSONCOLOGY.COM WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THESE DISCLAIMERS APPLY WITHOUT REGARD TO WHETHER ANY DAMAGES OR LOSSES (OR ALLEGED DAMAGES OR LOSSES) ARISE FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION, EXCEPT IF SUCH EXCLUSIONS AND LIMITATIONS ARE PROHIBITED BY LAW.
CERTAIN STATE LAWS MAY PROHIBIT SOME OF THE FOREGOING DISCLAIMERS, IN WHICH CASE SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. SEEK THE ADVICE OF A LAWYER TO EXPLORE THIS POSSIBILITY FURTHER.
MAXIMUM LIMITATION OF LIABILITY
IF THE DISCLAIMERS OF LIABILITY ABOVE ARE PROHIBITED BY APPLICABLE LAW, NEXUS ONCOLOGY’S TOTAL MAXIMUM LIABILITY TO YOU FOR DAMAGES RELATED IN ANY WAY WHATSOEVER TO YOUR USE OF THE NEXUSONCOLOGY.COM WEBSITE, ANY INFORMATION YOU OBTAIN FROM OR THROUGH US, OR ANY OF OUR PRODUCTS OR SERVICES IS LIMITED TO $250. THIS LIMIT WILL NOT CHANGE BASED ON THE NUMBER OF INDIVIDUAL CLAIMS YOU MIGHT MAKE.
When you send emails, text messages, or other communications from your desktop or mobile device to us, including through an online form on the nexusoncology.com website, you are communicating with us electronically. Electronic methods of communication are not highly secure, so be cautious when sending sensitive information in this way.
We will communicate with you in multiple ways, such as by email, text, or by posting notices and messages on the nexusoncology.com website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that our communications be in writing.
All information included on the nexusoncology.com website or otherwise made available to you by Nexus Oncology, such as graphics, logos, images, audio clips, digital downloads, data compilations, studies, information, and software, is the property of Nexus Oncology and is protected by United States and international copyright laws.
You may not use our website or any information we make available to you in any manner that infringes or violates our intellectual property rights or the rights or any third party. You have no license to use our trademarks, trade dress, or other intellectual property.
We respect all intellectual property rights. If you believe that the nexusoncology.com website or any information provided through it infringes on your work and rights, email us at firstname.lastname@example.org.
Investigations and Disclosures Related to Violations
We reserve the right to investigate complaints or reported violations of these Terms of Service and to take any action we determine is appropriate, including reporting any suspected unlawful activity to law enforcement officials or other third parties. If Nexus Oncology determines it is necessary or advisable to do so, we may disclose user profiles, email addresses, other contact information, usage history, posted materials, IP addresses, traffic information, or other information.
We reserve the right to seek all remedies available to us at law and in equity if you violate these Terms of Service, including the right to refuse service, terminate access, or take any other steps to restrict your use of our website or products or services or attendance at our events at any time for any reason.
Governing Law and Disputes
Any dispute or claim relating in any way to your use of the nexusoncology.com website or Nexus Oncology’s products and services, including your attendance at and participation in events we host, is governed in all respects by the laws of the State of Texas, without regard to its conflict of laws principles.
If you and Nexus Oncology are unable to resolve any such dispute or claim, you agree to participate in one day of non-binding mediation in Austin, Texas, with a sole mediator mutually selected by you and Nexus Oncology.
If you and Nexus Oncology are unable to resolve a dispute through non-binding mediation, the exclusive means for resolving that dispute is Open Arbitration performed by National Arbitration and Mediation (namadr.com).
You and Nexus Oncology will split the cost of the mediator, arbitrator, and mediation and arbitration facilities. However, you and Nexus Oncology will each be responsible for our own other costs, including attorney’s fees, preparation fees, and travel costs. However, the prevailing party in the arbitration is entitled to reimbursement of all their reasonable attorneys’ fees and other costs in respect of arbitration.
Either of us may bring suit in court for injunctive relief, including for a temporary restraining order or temporary or permanent injunction (as available), without first participating in mediation and arbitration as required under these Terms of Service.
If a court or arbitrator with appropriate jurisdiction rules that a term in these Terms of Service is unenforceable for any reason, that term will be replaced with a term that most closely matches the intent of the original term, and the remainder of these Terms of Service will continue in full force.
Any failure by you or Nexus Oncology to act concerning a breach by the other is not a waiver of the right to act concerning that breach later. A waiver of a breach of these Terms of Service must be in writing and will only apply to the specific waiver indicated and not any subsequent or similar breaches.
Unless you later agree to other written terms when attending one of our events or purchasing a product or service from us, these Terms of Service are the entire agreement between you and Nexus Oncology concerning your use of our information, events, products, and services.
Changes to These Terms of Service
We may change these Terms of Service at any time. If we change these Terms of Service, we will update our website and the date at the top of this page. Although changes to these Terms of Service will not apply retroactively, they will be effective immediately when we post the changes for all future activities. By continuing to use our website after we make changes, you agree to all those changes. Please check these Terms of Service each time before you use our website or accept products or services from Nexus Oncology through any other means.
For questions about these Terms of Service, please contact us:
By regular mail:
Nexus Oncology, LLC
15511 Highway 71 West
Bee Cave, Texas 78738
Attn: Legal Department