Realtime Oncology
Treatment Calculator™

Terms of use for REALTIME ONCOLOGY TREATMENT CALCULATOR

These Terms of Use (“Terms of Use”) contain provisions governing the use of the Realtime Oncology Treatment Calculator (“RTO TC”) web site in its current or future iterations (this “Site”) applicable individually to all users who have entered into the End User License Agreement (“EULA”), and collectively to all users employed by or contracting with institutions that have entered in to a Master License Agreement (“MLA”), with Realtime Oncology, Inc. (“RTO”) to use the Software and the Services (each as defined in the EULA and/or MLA) whether accessed via the Site or via a mobile device.

These Terms of Use may be modified by RTO at any time at RTO’s sole discretion. Notice of any such modifications shall be given by posting a revised version of these Terms of Use on the Site or by sending a notice to the primary email address you specify when you register for our services. RTO suggests that you check this page frequently to review any changes, as continued use of the Site, the Services or the Software constitutes your acceptance of any such modifications.

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS SITE. BY USING THIS SITE OR DOWNLOADING MATERIALS FROM THIS SITE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF USE. If you do not agree to be bound by these Terms of Use, you are not authorized to use this Site or download materials from this Site.

Use of Site

The content provided on or through this Site is for general informational and educational purposes only, or, in the case of delivery of specific results/reports from diagnostic laboratories ordered via the RTO TC by a physician-user for a specific patient, for the delivery of such results/reports. You may view, print and download the materials at this Site only for your personal, noncommercial use, or, in the case of patient reports, for the purposes of treating the patient to whom results/reports correspond, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials downloaded or printed from the Site. You may not modify the materials at this Site in any way or reproduce, publicly display, perform, distribute or otherwise use them for any public or commercial purpose.

No Warranty

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

Content Disclaimer

RTO does not guarantee or warrant that files available for downloading through the Site are or will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. RTO is not responsible for the accuracy and/or completeness of information or material on this Site, nor does RTO undertake any obligation to ensure the Site is updated.

Limitation of Liability

RTO SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, OR THE RESULTS OF THE USE OF OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL  THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Intellectual Property

Trademarks, logos, images, illustrations, video clips, files, text and graphics used or displayed at this Site consist of copyrights, trademarks, and or intellectual property owned, controlled, registered and/or licensed by RTO. Any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. No materials from this Site may be copied or retransmitted unless expressly permitted by RTO.

Except as expressly set forth in these Terms of Use, nothing on this Site shall be construed as conferring any license to any of the information available on this Site or under any of RTO’s or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.

Links to Third Party Web Sites

By using any link to a third party site on this Site, you are leaving the Site. Links to third party web sites on are provided solely as a convenience to you. RTO has not reviewed these third party sites and does not control and is not responsible for any of these sites or their content. RTO does not endorse or make any representations about these third party sites, any information, software or other products or materials found there, or any results that may be obtained from using them. Your access of any third party site is at your own risk.

Claims Resulting From Your Use of the Site

As a condition of use of this Site, you agree to indemnify, defend and hold harmless RTO and its providers, licensors and suppliers from and against any and all liabilities and expenses, including attorneys’ fees and damages arising out of claims resulting from your use of this Site, including, without limitation, any claims alleging facts that would constitute a breach by you of these Terms of Use.

Retention of Information

As described in the EULA, you acknowledge and agree that information created, received, or transmitted via RTO TC or the Site may be available to you for only a limited period of time.

Use of Patient Information

By accepting these Terms of Use, and as permitted under the EULA and BAA and/or MLA with your practice or institution, you acknowledge and agree that RTO may (i) utilize patient information, including results of molecular diagnostics provided by  you or RTO, to fully deidentify such information in a HIPAA-compliant manner, to provide you and other physician-users of RTO TC de-identified information concerning the patients for whom RTO has provided information service and for RTO’s uses specified below and (ii) utilize patient information or records provided to RTO in connection with RTO’s performance of information service in order to contact you to request additional information concerning treatment and clinical outcomes for those patients in order to incorporate such outcome information into the RTO TC Services, Systems, and Software, and to deidentify all such patient information in a HIPAA-compliant manner for RTO’s uses specified below.

RTO’s Collection and Use of User-Provided Content

As part of the functionality of RTO TC, the Site, Services and Software, RTO may request, including as a result of inquiries initiated by other physician-users of RTO TC, that you provide information concerning treatment and clinical outcomes for patients for whom you performed interpretation service. Provision of such information is voluntary. By accepting these Terms of Use, and as permitted under the EULA and BAA and/or MLA with your practice or institution, you acknowledge, agree, and provide your consent that RTO may contact you to request such patient treatment and clinical outcome information, and that RTO may fully de-identify such information in a HIPAA-compliant manner for RTO’s use, including to provide other physician-users of RTO TC de-identified treatment and/or clinical outcome information concerning patients who may be similarly situated to those patients for whom you supplied such additional information.

Use of User-Provided and Other Third-Party-Provided Content by Users

By accepting these Terms of Use, you acknowledge and agree that the information presented through RTO TC, the Site, Services, and Software is compiled from a variety of sources and that RTO does not endorse, guarantee, warrant, or make any representation as to the completeness, veracity, quality, applicability, or appropriateness of any user-provided or third-party-provided content, including, without limitation, treatment or clinical outcome information. By accepting these Terms of Use, you agree to rely upon such information solely at your own discretion and risk as a physician qualified to analyze and interpret such information.

No Provision of Medical or Professional Services Advice by RTO

In addition to the delivery of results of testing ordered by you using the RTO TC, RTO TC, the Site, Services, and Software may present other content for informational purposes that is intended to be used and interpreted only by qualified physicians acting in accordance with their sole discretion and judgment. By accepting these Terms of Use, you acknowledge and agree that RTO is not, and will not be, through RTO TC, the Site, Services, Software, or otherwise, providing medical, treatment, or professional services advice to you or other users, and that RTO offers the RTO TC and Site content for informational purposes and for no other purpose. By accepting these Terms of Use, you further acknowledge and agree that no information presented through RTO TC, the Site, System, or Software is intended to constitute medical advice, instruction for medical diagnosis, or instruction for treatment, and that such information should neither be considered complete, nor be relied upon, to suggest a course of treatment for a particular individual.

Acceptable Use of Site Content

You shall not, and shall ensure that others do not, do or attempt to do any of the following:

  1. Use the Site, the Software or the Services to post, email, link to, or otherwise transmit, communicate, or make available any material that:
    1. is offensive, obscene, pornographic, discriminatory, abusive, defamatory, libelous, harassing, threatening, menacing, or otherwise harmful;
    2. is likely to harm RTO’s computer systems or any third party’s computer systems, including without limitation material containing any malware, spyware, virus, worm, Trojan horse, or other data or code that may cause any defect, error, malfunction, corruption, denial of service, or other undesired modification;
    3. is “spam,” “junk mail,” “chain letters,” “pyramid schemes,” or any other manner of improper solicitation;
    4. infringes any copyright, trademark, patent, or other intellectual property right, or improperly discloses or misappropriates trade secrets or other confidential or proprietary information, in each case whether it belongs to RTO or to a third party; or
    5. would harm minors in any way, including without limitation material that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
  2. Use RTO’s network to engage in illegal or abusive behavior, including gaining unauthorized access to or use of any data, services, systems or network, or probing, scanning or testing the vulnerabilities of any systems or networks; or
  3. Impersonate, or use the account, login or registration information of, any other person or entity.

Digital Millennium Copyright Act Notifications and Counternotifications

If you believe that any content hosted on the Site or the Services violates your rights under the copyright law of the United States, you may file a notification of such claimed infringement with RTO’s designated agent as described below.

By mail:
Oncompass Medicine GmbH
Einsiedlerstrasse 23,
8834 Schindellegi,
SWITZERLAND

By telephone:
+43 680 243 44 79

By email:
legal@realtimeoncology.com

Pursuant to 17 U.S.C. 512(c)(3), the following information must be provided for a
valid notification of claimed copyright infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If your content has been removed from the Site due to a notification filed against you, then you may file a counternotification with RTO’s designated agent as indicated above. Pursuant to 17 U.S.C. 512(g)(3), the following information must be provided in the counternotification:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If RTO receives a valid counternotification, the Digital Millennium Copyright Act provides that the removed material be restored or access re-enabled.

If you have any other concerns that any content hosted on the Site or the Services violates your intellectual property rights under laws other than the copyright law of the United States, please contact us at:

Oncompass Medicine GmbH
Einsiedlerstrasse 23,
8834 Schindellegi,
SWITZERLAND

Miscellaneous

In addition to the EULA, any applicable Business Associate Agreement and/or MLA, each of which apply to the use of the Software and the Services, these Terms of Use constitute the entire agreement between you and RTO and supersede any prior or contemporaneous agreements, whether written, oral or otherwise, with regard to your general use of the Site. These Terms of Use shall all be governed and construed in accordance with the laws of the state of Delaware, excluding its choice of law provisions. You agree that any legal action or proceeding between RTO and you for any purpose concerning these Terms of Use or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction located in the State of Arizona. The parties expressly waive and exclude the application of the Uniform Computer Information Transactions Act and the
United Nations Convention on Contracts for the International Sale of Goods. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. RTO’s failure to enforce any provision of these Terms of Use shall not constitute a waiver of its rights to do so. RTO may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any provision of these Terms of Use is determined by a court of competent jurisdiction to be unenforceable, the provision will be deemed modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from these Terms of Use, and the remainder of these Terms of Use will continue in effect.