Physician Portal Terms of Use

Last Modified: March 13, 2017

Welcome to the Strata Oncology Physician Portal, which we are providing to allow you to order the Strata Test for patients who qualify for and enroll in the Strata Trial, and so you can access Strata Test reports and other information provided by Strata Oncology. 

The following terms and conditions ("Terms of Use") govern your access to and use of the Physician Portal.  Please read these Terms of Use carefully before you start to use the Physician Portal.  By using the Physician Portal, you accept and agree to be bound and abide by these Terms of Use and our Privacy & Security Policy, found at strataoncology.com/eap incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy and Security Policy, you may not access or use the Physician Portal.  These Terms of Us and the rights, benefits and obligations contained herein are fully assignable by Strata Oncology and will be binding upon and inure to the benefit of our successors and assigns.

Changes to the Terms of Use:  We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Physician Portal thereafter. Your continued use of the Physician Portal following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Physician Portal and Account Security:  We reserve the right to withdraw or amend the Physician Portal, and any service or material we provide on the Physician Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Physician Portal is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Physician Portal, or the entire Physician Portal, to users, including registered users.

In order to access the Physician Portal, you will be required to register with and/or sign into the Physician Portal.  If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username.  In addition, it is a condition of your use of the Physician Portal that all the information you provide on the Physician Portal is correct, current and complete. You agree that all information you provide, including but not limited to through the use of any interactive features on the Physician Portal, is governed by our Privacy and Security Policy, and you consent to all actions we take with respect to Your Information (information submitted to us by you that identifies you, such as your name, address, NPI, email address, phone number, fax number and other identifying information) consistent with this Terms of Use and our Privacy and Security Policy.  Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at labops@strataoncology.com.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Physician Portal.
  • Ensuring Your Information submitted by you is accurate and correct.
  • Ensuring that any Patient Information (health information of patients you are treating) submitted by you is accurate and correct.
  • Ensuring that you have obtained all required authorizations, and/or approvals needed to submit Patient Information through the Physician Portal.
  • Ensuring the security of the computers and systems you are using to access the Physician Portal.
  • Ensuring that all persons who access the Physician Portal through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Physician Portal, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Strata Oncology its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Strata Oncology and its associated logos are our trademarks and/or service marks.  You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.

Certain materials available on or through the Physician Portal are our Works (content we own, authored, created, purchased, or licensed or which we shall own, author, create, purchase, or license).  Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our Works and the Physician Portal.  We hereby grant you a limited non-assignable license to access and make business use of the Physician Portal provided that such use is for the purposes of the Physician Portal described above.  This license does not include any resale or commercial use of this site or its contents or any derivative use of this site or its contents.   

The above described license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms.  If you breach any provision of these Terms, any license you have obtained will be automatically rescinded and terminated.  

Prohibited Uses

You may use the Physician Portal for lawful purposes and in accordance with these Terms of Use. You agree not to use the Physician Portal:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To impersonate or attempt to impersonate the Strata Oncology, a Strata Oncology employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use of the Physician Portal, or which, as determined by us, may harm the Company or users of the Physician Portal or expose them to liability.

Additionally, you agree not to:

  • Use the Physician Portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Physician Portal, including their ability to engage in real time activities through the Physician Portal
  • Use any robot, spider or other automatic device, process or means to access the Physician Portal for any purpose, including monitoring or copying any of the material on the Physician Portal.
  • Use any manual process to monitor or copy any of the material on the Physician Portal for any unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Physician Portal.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Physician Portal, the server on which the Physician Portal is stored, or any server, computer or database connected to the Physician Portal.
  • Attack the Physician Portal via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Physician Portal

Links from the Physician Portal:  If the Physician Portal contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Physician Portal, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions:  The owner of the Physician Portal is based in the state of Michigan in the United States. We provide this Physician Portal for use only by persons located in the United States. We make no claims that the Physician Portal or any of its content is accessible or appropriate outside of the United States. If you access the Physician Portal from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties:  You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Physician Portal will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE Physician Portal, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PHYSICIAN PORTAL IS AT YOUR OWN RISK. THE Physician Portal, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Physician Portal ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Physician Portal.  WITHOUT LIMITING THE FOREGOING, NEITHER STRATA ONCOLOGY NOR ANYONE ASSOCIATED WITH THE STRATA ONCOLOGY REPRESENTS OR WARRANTS THAT THE Physician Portal, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Physician Portal WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Physician Portal OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Physician Portal WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

STRATA ONCOLOGY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability:  IN NO EVENT WILL STRATA ONCOLOGY ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Physician Portal, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE Physician Portal OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification:  You agree to defend, indemnify and hold harmless Strata Oncology, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Physician Portal, including, but not limited to, any use of the Physician Portal's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Physician Portal.

Governing Law and Jurisdiction:  All matters relating to the Physician Portal and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Physician Portal shall be instituted exclusively in the federal courts of the United States or the courts of the State of Michigan although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability:  No waiver of by Strata Oncology of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Strata Oncology to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns:  This Physician Portal is operated by Strata Oncology. All notices of copyright infringement claims, other feedback, comments, requests for technical support and other communications relating to the Physician Portal should be directed to: clinops@strataoncology.com.

Thank you for using the Physician Portal.