These terms of service (these “Terms”) are a legal agreement between you and NCGM, Inc. ("Company", "us", "our", or "we") including, without limitation, the web site, with offices at 840 Main Campus Drive, Suite 3570, Raleigh, NC 27606, establishing terms and conditions under which you may access and use the services and features available in connection with NCGM website located at ____.com (“NCGM Website”) and any other website or application owned, operated, licensed, or controlled by NCGM including the patient portal (“Patient Portal”), the health care provider and organization testing portal (“Testing Portal”), and any NCGM application. Such services and features are collectively referred to herein as the “Services”.
By using the Services, you represent and warrant that: (1) you have the legal power and authority to agree to, and to be bound by, these Terms; and (2) if you provide or have provided information to us in connection with your use of the Services, such information is true and accurate. These Services are not intended to be used by anyone under the age of 18. By using or accessing the Services, you represent that you are 18 years of age or older. If you are using or accessing the Services as a legal representative, you warrant and represent that you have the legal authority to do so.
We make no claims or guarantees regarding access or use of the Services outside of the United States. You expressly consent to the processing of your personal information in the United States in accordance with this Full Privacy Statement.
You must comply with all applicable laws when using the NCGM website or any Service. Except as may be expressly permitted by applicable law, expressly enabled by a feature of a Service, or otherwise agreed in writing by NCGM, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the NCGM website; (b) compile or collect any content available on the NCGM website as part of a database; (c) use any automated tool (e.g., robots, spiders) or manual process to copy, modify, distribute, or resell any content from the Website; (d) frame or otherwise incorporate the NCGM website or any portion of same as part of another website; (e) duplicate, sell, resell, or exploit for any commercial purposes, any portion of the NCGM website, use of same, or access to same (including without limitation the display of any third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the NCGM website, a or any content on the same; (g) use the NCGM website in a manner that threatens the integrity, performance, or availability of the website; or (h) remove, alter, or obscure any proprietary notices (including copyrights and trademarks) on any portion of the NCGM website.
The NCGM web sites are for your personal and non-commercial use. The NCGM web sites and content are protected by United States copyright law. Except as specifically permitted, you may not modify, distribute, transmit, display, publish, reproduce, license, create derivative works from or sell any information obtained from or otherwise use in any way whatsoever the NCGM web sites except as permitted by the foregoing license.
It is understood that NCGM and you are independent contractors engaged in the operation of their own respective businesses. Neither Party is, or is to be considered as, the agent, employee, partner, or joint venture of the other Party for any purposes whatsoever. Nothing contained in these Terms shall be construed to establish a third party beneficiary agreement between NCGM and your Patient or Organization Person.
You represent and warrant that you will comply with all applicable laws, rules, or regulations (“Applicable Laws”), including, but not limited to, (i) the Federal Medicare/Medicaid Anti-Kickback Statute (42 U.S.C. §1320a-7(b)) and the related Safe Harbor Regulations and similar state anti-kickback laws and regulations; (ii) the Limitation on Certain Physician Referrals, also referred to as the “Stark Law” (42 U.S.C. §1395nn); (iii) the Eliminating Kickbacks in Recovery Act (18 U.S.C. § 220), the regulations promulgated thereunder and similar state laws and regulations; (iv) all applicable anti-trust laws. the Health Information Technology for Economic and Clinical Health Act of 2009 (the “HITECH Act”); (v) the Administrative Simplification section of the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. §1320d through d-8 (“HIPAA”); and (vi) the requirements of any regulations promulgated under either the HITECH Act or HIPAA, including, without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164 (the “Federal Privacy Regulations”), the federal security standards as contained in 45 CFR Parts 160, 162 and 164 (the “Federal Security Regulations”), and the federal standards for electronic transactions contained in 45 CFR Parts 160 and 162 (the “Federal Electronic Transactions Regulations”). Failure to comply with any Applicable Law shall be considered a material breach of this Agreement and in the event of such a failure, Sema4 shall have the right to terminate this Agreement at any time. You represent and warrant that none of the benefits granted to, or payments received by, you or NCGM under this Agreement is conditioned on any requirement that you or NCGM make referrals to, be in a position to make or influence referrals to, or otherwise generate business for you or NCGM. You further represent and warrant that this Agreement is non-exclusive and that neither Party is restricted from referring any service to, or otherwise generating any business for, any other entity of its choosing. You expressly represent, warrant, and covenant that no payment shall be made at any time, directly or indirectly, to any physician or other person or entity as an inducement or remuneration for the referral or admission of a patient, and you shall not take any action in violation of any applicable fraud and abuse laws, including, without limitation, 42 U.S.C. § 1395u(b)(6) (prohibition against assignment of Medicare payments); 42 U.S.C. § 1395nn (the Stark law-limitation on certain physician referrals); 42 U.S.C. § 1396a(a)(32) (prohibition against assignment of Medicaid payments); or 42 U.S.C. § 1320a 7b (criminal penalties for acts involving federal health care programs; prohibition on kickbacks), as any of the foregoing may be amended from time to time. The foregoing covenants constitute a material inducement for each Party to enter into this Agreement.
This web site contains hyperlinks to web sites owned and/or controlled by parties other than NCGM. Clicking on such a link to a third party site will cause you to leave our website. NCGM is providing these links to you only as a convenience, and NCGM does not endorse, warrant or guarantee the products, services or information described or offered at these other web sites. NCGM has no control over the content on these web sites. Access to any other web site is at your own risk and NCGM is not responsible for the completeness, accuracy or reliability of any information, data, opinions, advice or statements made on these web sites.
All product names, service marks or logos referenced by the NCGM web sites are trademarks of NCGM and/or its affiliates unless otherwise noted, in which case such trademarks, product marks or logos are the property of their respective owners. The use or misuse of any of these trademarks or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. No license or right is intended to be conveyed to you under any trademark of NCGM or any third party, whether by implication, estoppel or otherwise. You may not use any such trademark without our prior written consent. Further, you agree not to remove, alter or obscure any such notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. If you wish to obtain permission to reprint or reproduce any materials appearing on the NCGM website other than as permitted above, you may reach us via our Contacts page. All rights not expressly granted herein are reserved.
Much of the information contained in the NCGM web sites is presented for the purpose of general education for the public on genetic testing, public health services, genomic research and other general information concerning NCGM. Nothing contained in the NCGM web sites is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. Information received from the NCGM web sites should not be relied upon for personal, medical, legal, technical or financial decisions. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Should you have any health care related questions, please consult with your physician or other qualified health care provider promptly. The information contained in the NCGM web sites is compiled from a variety of sources ("Information Providers"). Neither the NCGM web sites nor the Information Providers directly or indirectly practice medicine, render medical advice or dispense medical services as part of the NCGM web sites.
The invalidity of all or any part of any provision of these Terms shall not invalidate the remainder of these Terms or the remainder of any section that can be given effect without such invalid provision.
NCGM makes no representations nor warranties about the suitability, reliability, availability, timeliness, completeness and accuracy of the information, services and related graphics contained on the NCGM web sites for any purpose. All such information, services and related graphics are provided "as is" without warranty of any kind. NCGM hereby disclaims all expressed and implied warranties and conditions with regard to the information, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall NCGM be liable for any direct, indirect, punitive, incidental, special or consequential damages or any claim for lost data or lost profits arising out of or in any way connected with the use or performance of the NCGM web sites or with the delay or inability to use the NCGM web sites whether arising in contract, tort, negligence, strict liability or otherwise, even if NCGM has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the web site, or with any of these terms, your sole and exclusive remedy is to discontinue using the web site.
The information and services included in or available through the NCGM web sites may include inaccuracies or typographical errors. The materials at this site may be out of date by the time that they may be accessed or read. Changes are periodically added to the information herein. NCGM may make improvements and/or changes to the NCGM web sites at any time without notice to you. NCGM may revise these terms at any time. Certain provisions of these terms may be modified or superseded by legal notices or other terms located on particular pages within the web site. You are responsible for regularly reviewing these terms. The most recent effective date of these terms is listed at the top of this page. Please periodically link to and review these terms, as your continued use of the NCGM website means you agree to comply with any changes.
We own, protect and enforce copyrights in the NCGM Content and other creative material and respect the copyright properties of others. Materials may be made available via the Site, or through the Services, by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, whether published by us or third parties, infringe a third-party copyright. This request should be sent to: contact information e-mail address noted below. A DMCA Notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) 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 (f) 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 you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices, with respect to the website should be sent to the address above.
If you have any questions and comments, please write to us as firstname.lastname@example.org.