PATIENT RIGHTS & PRIVACY

Texas Oncology has a legal and ethical obligation to safeguard your patient rights and your protected health information. At all times, we strive to comply with the standards set forth in these documents: please review them carefully.

Patient’s Bill of Rights

Source: American Medical Association, 1994.

The patient has the right to receive information from physicians and to discuss the benefits, risks, and costs of appropriate treatment alternatives. Patients should receive guidance from their physicians as to the optimal course of action. Patients are also entitled to obtain copies or summaries of their medical records, to have their questions answered, to be advised of potential conflicts of interest that their physicians might have, and to receive independent professional opinions.

  1. The patient has the right to make decisions regarding the health care that is recommended by his or her physician. Accordingly, patients may accept or refuse any recommended medical treatment.
  2. The patient has the right to courtesy, respect, dignity, responsiveness, and timely attention to his or her needs.
  3. The patient has the right to confidentiality. The physician should not reveal confidential communications or information without the consent of the patient, unless provided for by law and the need to protect the welfare of the individual or the public interest.
  4. The patient has the right to continuity of health care. The physician has an obligation to cooperate in the coordination of medically indicated care with other health care providers treating the patient. The physician may not discontinue treatment of a patient as long as further treatment is medically indicated, without giving the patient reasonable assistance and sufficient opportunity to make alternative arrangements for care.
  5. The patient has a basic right to have available adequate health care. Physicians, along with the rest of society, should continue to work toward this goal. Fulfillment of this right is dependent on society providing resources so that no patient is deprived of necessary care because of an inability to pay for the care. Physicians should continue their traditional assumption of a part of the responsibility for the medical care of those who cannot afford essential health care. Physicians should advocate for patients in dealing with Third-Parties when appropriate.

Notice Informing Individuals About Nondiscrimination and Accessibility Requirements

Texas Oncology complies with applicable Federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. Texas Oncology does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.

Texas Oncology

  • Provides free aids and services to people with disabilities to communicate effectively with us, such as:
    • Qualified sign language interpreters
    • Written information in other formats (large print, audio, accessible electronic formats, other formats)
  • Provides free language services to people whose primary language is not English, such as:
    • Qualified interpreters
    • Information written in other languages
  • If you need these services, contact your local Texas Oncology practice or call 1-888-864-4226

If you believe that Texas Oncology has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, or sex, you can file a grievance with: Paula Sturiale, Director of Clinical Services for Texas Oncology, 12221 Merit Drive, Suite 500, Dallas, Texas 75251, Phone: 1-888-864-4226, Email: txocares@usoncology.com. You can file a grievance in person or by mail, fax, or email.

You may file a civil rights complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://ocrportal.hhs.gov/ocr/portal/lobby.jsf, or by mail or phone at:

U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 509F, HHH Building
Washington, D.C. 20201

Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.

Patient Privacy

NOTICE OF PRIVACY PRACTICES

Effective Date: September 23, 2013

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

About Us
In this Notice, we use terms like “we,” “us,” “our,” or “Practice” to refer to Texas Oncology, its physicians, employees, staff and other personnel. All of the sites and locations of Texas Oncology follow the terms of this Notice and may share health information with each other for treatment, payment or health care operations purposes and for other purposes as described in this Notice.

Purpose of This Notice
This Notice describes how we may use and disclose your health information to carry out treatment, payment, or health care operations and for other purposes that are permitted or required by law. This Notice also outlines our legal duties for protecting the privacy of your health information and explains your rights to have your health information protected. We will create a record of the services we provide you, and this record will include your health information. We need to maintain this information to ensure that you receive quality care and to meet certain legal requirements related to providing you care. We understand that your health information is personal, and we are committed to protecting your privacy and ensuring that your health information is not used inappropriately.

Our Responsibilities
We are required by law to maintain the privacy of your health information and to provide you notice of our legal duties and privacy practices with respect to your health information. We are also required to notify you of a breach of your unsecured health information. We will abide by the terms of this Notice.

How We May Use or Disclose Your Health Information 

The following categories describe examples of the way we use and disclose health information without your written authorization: 

For Treatment: We may use and disclose your health information to provide you with medical treatment or services. For example, your health information will be shared with your oncology doctor and other health care providers who participate in your care. We may disclose your health information to another oncologist for the purpose of a consultation. We may also disclose your health information to your primary care physician or another health care provider to be sure they have all the information necessary to diagnose and treat you.

For Payment: We may use and disclose your health information to others so they will pay us or reimburse you for your treatment. For example, a bill may be sent to you, your insurance company, or a third-party payer. The bill may contain information that identifies you, your diagnosis, and treatment or supplies used in the course of treatment. We may also tell your health plan about a treatment you are going to receive to obtain prior approval or to determine whether your health plan will cover the treatment.

For Health Care Operations: We may use and disclose your health information in order to support our business activities. These uses and disclosures are necessary to run the Practice and make sure our patients receive quality care. For example, we may use your health information for quality assessment activities, training of medical students, necessary credentialing, and for other essential activities. We may also disclose your health information to third-party “business associates” that perform various services on our behalf, such as transcription, billing, and collection services. In these cases, we will enter into a written agreement with the business associate to ensure they protect the privacy of your health information.

We may ask you to sign your name to a sign-in sheet at the registration desk, and we may call your name in the waiting room when we call you for your appointment.

Appointment Reminders: We may use and disclose your health information in order to contact you and remind you of an upcoming appointment for treatment or health care services.

Individuals Involved in Your Care or Payment for Your Care and Notification: If you verbally agree to the use or disclosure and in certain other situations, we will make the following uses and disclosures of your health information. We may disclose to your family, friends, and anyone else whom you identify who is involved in your medical care or who helps pay for your care, health information relevant to that person’s involvement in your care or paying for your care. We may also make these disclosures after your death.

If you would like us to refrain from releasing your health information to a family member or friend who is involved in your care, you must make your request in writing and submit it to the Medical Records Manager of your local Texas Oncology office. 

We may use or disclose your information to notify or assist in notifying a family member, personal representative, or any other person responsible for your care regarding your physical location within the Practice, general condition, or death. We may also use or disclose your health information to disaster-relief organizations so that your family or other persons responsible for your care can be notified about your condition, status, and location.

We are also allowed to the extent permitted by applicable law to use and disclose your health information without your authorization for the following purposes: 

As Required by Law: We may use and disclose your health information when required to do so by federal, state, or local law.

Judicial and Administrative Proceedings: If you are involved in a legal proceeding, we may disclose your health information in response to a court or administrative order. We may also release your health information in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested.

Health Oversight Activities: We may use and disclose your health information to health oversight agencies for activities authorized by law. These oversight activities are necessary for the government to monitor the health care system, government benefit programs, compliance with government regulatory programs, and compliance with civil rights laws.

Law Enforcement: We may disclose your health information, within limitations, to law enforcement officials for several different purposes:

  • To comply with a court order, warrant, subpoena, summons, or other similar process;
  • To identify or locate a suspect, fugitive, material witness, or missing person;
  • About the victim of a crime, if the victim agrees or we are unable to obtain the victim’s agreement;
  • About a death we suspect may have resulted from criminal conduct;
  • About criminal conduct we believe in good faith to have occurred on our premises; and
  • To report a crime not occurring on our premises, the nature of a crime, the location of a crime, and the identity, description, and location of the individual who committed the crime, in an emergency situation.

Public Health Activities: We may use and disclose your health information for public health activities, including the following:

  • To prevent or control disease, injury, or disability;
  • To report births or deaths;
  • To report child abuse or neglect;
  • Activities related to the quality, safety, or effectiveness of FDA-regulated products;
  • To notify a person who may have been exposed to a communicable disease or may be at risk for contracting or spreading a disease or condition as authorized by law; and
  • To notify an employer of findings concerning work-related illness or injury or general medical surveillance that the employer needs to comply with the law if you are provided notice of such disclosure.

Serious Threat to Health or Safety: If there is a serious threat to your health and safety or the health and safety of the public or another person, we may use and disclose your health information to someone able to help prevent the threat or as necessary for law enforcement authorities to identify or apprehend an individual.

Organ/Tissue Donation: If you are an organ donor, we may use and disclose your health information to organizations that handle procurement, transplantation, or banking of organs, eyes, or tissues.

Coroners, Medical Examiners, and Funeral Directors: We may use and disclose health information to a coroner or medical examiner. This disclosure may be necessary to identify a deceased person or determine the cause of death. We may also disclose health information, as necessary, to funeral directors to assist them in performing their duties.

Workers’ Compensation: We may disclose your health information as authorized by and to the extent necessary to comply with laws related to workers’ compensation or similar programs that provide benefits for work-related injuries or illness.

Victims of Abuse, Neglect, or Domestic Violence: We may disclose health information to the appropriate government authority if we believe a patient has been the victim of abuse, neglect, or domestic violence. We will only make this disclosure if you agree, or when required or authorized by law.

Military and Veterans Activities: If you are a member of the Armed Forces, we may disclose your health information to military command authorities. Health information about foreign military personnel may be disclosed to foreign military authorities.

National Security and Intelligence Activities: We may disclose your health information to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law.

Protective Services for the President and Others: We may disclose your health information to authorized federal officials so they may provide protective services for the president and others, including foreign heads of state.

Inmates: If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may disclose your health information to the correctional institution or law enforcement official to assist them in providing your health care, protecting your health and safety or the health and safety of others, or for the safety of the correctional institution.

Research: We may use and disclose your health information for certain research activities without your written authorization. For example, we might use some of your health information to decide if we have enough patients to conduct a cancer research study. For certain research activities, an Institutional Review Board (IRB) or Privacy Board may approve uses and disclosures of your health information without your authorization.

Other Uses and Disclosures of Your Health Information that Require Written Authorization: 

Other uses and disclosures of your health information not covered by this Notice will be made only with your written authorization. Some examples include:

  • Psychotherapy Notes: We usually do not maintain psychotherapy notes about you. If we do, we will only use and disclose them with your written authorization except in limited situations.
  • Marketing: We may only use and disclose your health information for marketing purposes with your written authorization. This would include making treatment communications to you when we receive a financial benefit for doing so.
  • Sale of Your Health Information: We may sell your health information only with your written authorization.

If you authorize us to use or disclose your health information, you may revoke your authorization, in writing, at any time. If you revoke your authorization, we will no longer use or disclose your health information as specified by your revocation, except to the extent that we have taken action in reliance on your authorization.

Your Rights Regarding Your Health Information
You have the following rights regarding the health information we maintain about you:

Right to Request Restrictions: You have the right to request restrictions on how we use and disclose your health information for treatment, payment, or health care operations. In most circumstances, we are not required to agree to your request. If we do agree, we will comply with your request unless the information is needed to provide you emergency treatment. To request restrictions, you must make your request in writing and submit it to your local Texas Oncology office. We are required to agree to a request that we restrict a disclosure made to a health plan for payment or health care operations purposes that is not otherwise required by law, if you, or someone other than the health plan on your behalf, paid for the service or item in question out-of-pocket in full.

Right to Request Confidential Communications: You have the right to request that we communicate with you in a certain manner or at a certain location regarding the services you receive from us. For example, you may ask that we only contact you at work or only by mail. To request confidential communications, you must make your request in writing and submit it to your local Texas Oncology office. We will not ask you the reason for your request. We will attempt to accommodate all reasonable requests.

Right to Inspect and Copy: You have the right to inspect and copy health information that may be used to make decisions about your care. To inspect and copy your health information, you must make your request in writing by filling out the appropriate form provided by us and submitting it to your local Texas Oncology office. You may request access to your medical information in a certain electronic form and format if readily producible or, if not readily producible, in a mutually agreeable electronic form and format. Further, you may request in writing that we transmit a copy of your health information to any person or entity you designate. Your written, signed request must clearly identify such designated person or entity and where you would like us to send the copy. If you request a copy of your health information, we may charge a cost-based fee for the labor, supplies, and postage required to meet your request.

We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to your health information, you may request that the denial be reviewed by a licensed health care professional chosen by us. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

Right to Amend: If you feel that your health information is incorrect or incomplete, you may request that we amend your information. You have the right to request an amendment for as long as the information is kept by or for us. To request an amendment, you must make your request in writing by filling out the appropriate form provided by us and submitting it to your local Texas Oncology office.

We may deny your request for an amendment. If this occurs, you will be notified of the reason for the denial and given the opportunity to file a written statement of disagreement with us that will become part of your medical record.

Right to an Accounting of Disclosures: You have the right to request an accounting of disclosures we make of your health information. Please note that certain disclosures need not be included in the accounting we provide to you.

To request an accounting of disclosures, you must make your request in writing by filling out the appropriate form provided by us and submitting it to your local Texas Oncology office. Your request must state a time period which may not be longer than six years, and which may not include dates before April 14, 2003. The first accounting you request within a 12-month period will be free. For additional accountings, we may charge you for the costs of providing the accounting. We will notify you of the costs involved and give you an opportunity to withdraw or modify your request before any costs have been incurred.

Right to a Paper Copy of This Notice: You have the right to a paper copy of this Notice at any time, even if you previously agreed to receive this Notice electronically. To obtain a paper copy of this Notice, please contact your local Texas Oncology office. You may also obtain a paper copy of this Notice at our website, www.TexasOncology.com.

Changes to This Notice
We reserve the right to change the terms of this Notice at any time. We reserve the right to make the new Notice provisions effective for all health information we currently maintain, as well as any health information we receive in the future. If we make material or important changes to our privacy practices, we will promptly revise our Notice. We will post a copy of the current Notice in the waiting area of your local Texas Oncology office. Each version of the Notice will have an effective date listed on the first page. Updates to this Notice are also available at our website, www.TexasOncology.com.

Complaints If you have any questions about this Notice or would like to file a complaint about our privacy practices, please direct your inquiries to: Texas Oncology at 1-888-864-ICAN (4226) and ask for the Privacy Officer. You may also file a complaint with the Secretary of the Department of Health and Human Services. You will not be retaliated against or penalized for filing a complaint.

Questions If you have questions about this Notice, please contact Texas Oncology at 1-888-864-ICAN (4226) and ask for the Privacy Officer.

Online Payment Refund Policy

Refund requests for payments made on-line through the Texas Oncology website can be submitted by contacting the telephone number noted on the receipt. Valid refund requests will be credited onto the card used in the original transaction. Credits will appear on the cardholder’s statement within approximately 15 business days of request.

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Website Terms of Use and Privacy Policy

Terms Of Use

Effective Date: May 3, 2010

These terms of use (“Terms of Use”) are applicable to any and all access to and/or use of any Texas Oncology website content (“Website”). Any use of this site constitutes your agreement to these Terms of Use.

1. No Minors.
You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to and use this site in accordance with these Terms of Use.

2. License.
Texas Oncology grants to you a non-exclusive, non-transferable, limited right to access and use its Website in accordance with these Terms of Use.

3. Copyright.
The Website may contain proprietary content of Texas Oncology that is protected by copyright and other laws respecting proprietary rights. Texas Oncology retains all rights in the Website, including (without limitation) all copyright and other proprietary rights worldwide in all media. By posting content to the Website, you hereby grant Texas Oncology a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use the content in any form or medium, now or hereafter existing, or in any language, during the full term of the copyright therein and throughout the world without any duty to compensate you.

4. User Name.
You must register to have access to weblogs maintained on the Website (“Blogs”). Texas Oncology will use information submitted in the registration process solely for purposes of administering the Blogs, but it reserves the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or subpoenas, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.

5. Privacy.
Registration data and all information submitted or posted by you on the Website is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. The Privacy Policy governs the use of information by Texas Oncology only, and Texas Oncology disclaims any responsibility for use of such information by any third-party. You agree to notify us promptly if changes in your email address so Texas Oncology can continue to send any notices required hereunder. If you fail to notify Texas Oncology promptly of a change, any notice sent to your old email address shall be deemed sufficient notice.

6. Disclaimer of Medical and Other Professional Advice.
a) Texas Oncology provides business and administrative services to its affiliated practices and other customers discussed on this Web site. Texas Oncology does not own any of its affiliated medical practices, nor does it employ physicians, nurses or other clinical personnel engaged in the delivery of patient care at those practices. Decisions regarding patient care are made solely by each patient’s treating physician based on his/her medical judgment.

b) The Website is provided to educate consumers on health care and medical issues that may affect their daily lives. The Website does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment or other professional advice. Information provided on Website DOES NOT create a doctor-patient relationship between you and any physician affiliated with Texas Oncology. You should always consult your own physician, lawyer or other professional advisers for medical, legal or other professional advice.

7. Content and Conduct Rules.
You understand that all content posted on a Blog is the sole responsibility of the person from whom such content originated. This means that you, not Texas Oncology, are entirely responsible for all content that you upload, post, transmit, or otherwise make available via a Blog. You represent that you have all rights necessary to post such content without violation of any intellectual property or other rights, laws or regulations.

You understand that by accessing and/or using the Website, you may be exposed to content that you find to be offensive or objectionable. The opinions expressed in commentary to the Blogs are not necessarily those of Texas Oncology and/or its employees. Under no circumstances will Texas Oncology be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Website or Blogs. You acknowledge that Texas Oncology shall have the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Website, and to edit any content, that violates these Terms of Use or is otherwise objectionable in Texas Oncology’s sole discretion. Texas Oncology neither condones nor endorses the reliability or accuracy of commentary to the Blogs. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the Website.

In using the Website, you agree that you will not:

a) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including disclosing any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;

b) harvest or collect any information about or regarding other users, including, without limitation, any personal data or information;

c) impersonate any person or entity, including, but not limited to, a Texas Oncology official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, including Texas Oncology, or fail to disclose any paid endorsements or messages sponsored by another person or entity;

d) upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e) copy Website content (other than as explicitly permitted under United States copyright laws) or upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;

f) cause, permit, or authorize the modification, creation of derivative works of, or translation of the Website content without the express permission of Texas Oncology;

g) remove any proprietary notices from the Website;

h) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;

i) use the Website for fraudulent purposes;

j) offer for sale or sell any item, good, or service that (a) violates federal, state or local law, (b) you do not have full power and authority to offer and sell, including all necessary licenses and authorizations, or (c) Texas Oncology determines, in its sole discretion, is inappropriate for sale;

k) upload, post, or transmit unsolicited commercial email or “spam”, including unethical marketing, advertising or any other practice that is in any way connected with “spam,” such as sending mass email to recipients who have not requested email from you or with a fake return address, promoting a site with deceptive or otherwise inappropriate links, titles, descriptions, or promoting a site by posting multiple submissions in public forums that are identical;

l) upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

m) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

n) use the Website as a forwarding service to another web site;

o) take any steps to interfere with or in any manner compromise any of Texas Oncology’s security measures;

p) allow use by others in such a way as to violate these Terms of Use;

q) sell, assign, rent, lease, act as a service bureau, or grant rights in the Website including, without limitation, through sublicense, to any other person or entity;

r) attempt to decompile, reverse engineer, disassemble, modify, or hack the Website or underlying software, or to defeat or overcome any encryption and/or digital rights management technology implemented by Texas Oncology with respect to the Website and/or data transmitted, processed, or stored by Texas Oncology; or

s) use the Website for any commercial purpose or for the benefit of any third-party or in any manner not permitted by these Terms of Use.

If you are found to be in violation with any terms of these Terms of Use, as determined by Texas Oncology in its sole discretion, Texas Oncology retains the right to remove your posted content and/or terminate your right to access and/or post content to the Website.

8. Changes to Agreement.
Texas Oncology may change the Terms of Use at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website that the terms have been modified). The changes also will appear in this document, which you can access at any time by going to the Terms of Use link. You agree to be bound by such changes by using the Website after changes are made to these Terms of Use.

9. Limitation of Liability.
a) TEXAS ONCOLOGY MAKES NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE WEBSITE IS PROVIDED “AS IS.” TEXAS ONCOLOGY MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. TEXAS ONCOLOGY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERING THAT INFORMATION TO USERS. TEXAS ONCOLOGY MAY LINK TO, OR PROMOTE, WEB SITES OR SERVICES FROM OTHER COMPANIES OR OFFER YOU THE ABILITY TO DOWNLOAD SOFTWARE FROM OTHER COMPANIES. TEXAS ONCOLOGY IS NOT RESPONSIBLE FOR, AND DOES NOT CONTROL, THOSE WEB SITES, SERVICES AND SOFTWARE.

TEXAS ONCOLOGY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY third-party WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b) IN NO EVENT SHALL TEXAS ONCOLOGY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF TEXAS ONCOLOGY HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

c) IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST TEXAS ONCOLOGY MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

d) You agree to indemnify, defend, and hold Texas Oncology harmless from and against any and all third-party claims and losses arising out of or in any way related to your use of the Website, any use of any content, data, or documentation received through the Website by you, or your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Third-Parties, regardless of the form of action.

10. Digital Millenium Copyright Act (DMCA) Notices.
Texas Oncology respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Website, please provide the following information in writing to Texas Oncology’s Copyright Agent:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of the material that you claim 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 sufficient to permit us to locate the material;
d) information so that we can contact you, such as address, telephone number and e-mail address;
e) a statement that you have 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 you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Only DMCA notices should be sent to the Copyright Agent. The Texas Oncology Copyright Agent can be reached via The US Oncology Network at:

The US Oncology Network
10101 Woodloch Forest Dr.
The Woodlands, TX 77380
Attention: General Counsel

11. Miscellaneous Provisions.
a) Choice of Law. This Agreement shall for all purposes be governed and construed in accordance with the law of Texas without regard to its choice-of-law rules.

b) Entire Agreement. This Agreement, as it may be amended from time to time in the sole discretion of Texas Oncology, constitutes the entire agreement and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of these Terms of Use.

c) Severability. If any provision of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without that provision and will be interpreted to reflect the original intent of the Terms of Use.

Privacy Policy

Effective Date: May 3, 2010

Texas Oncology is committed to protecting your online privacy. We feel it is important for you to know how we handle the information we receive from you via the Texas Oncology website. You can visit www.texasoncology.com and related websites without revealing any personal information. However, you are required to provide a valid e-mail address to post content to the Texas Oncology website, or to receive newsletters.

1. How We Collect And Use Personal Information
Texas Oncology’s website may contain links to sites operated by Third-Parties. Texas Oncology has no control over the privacy policies and practices of such third-party sites, and if you have any concerns, you are urged to review the terms of those sites for more information about the policies applicable to those sites.

2. IP Addresses
We collect and log the IP address of all visitors to texasoncology.com. An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allow computers and servers to recognize and communicate with one another. We collect IP address information so that we can properly administer our system and gather aggregate information about how our site is being used, including the pages visitors are viewing. This aggregate information may be shared with advertisers, sponsors and other businesses. To maintain your anonymity, we do not associate IP addresses with records containing personal information. We will use IP address information, however, to personally identify you in order to enforce our legal rights or when required to do so by law enforcement authorities.

3. Newsletters
We require you to provide a valid e-mail address to post content to the Texas Oncology website, such as when commenting on blogs or articles. We do not share your e-mail address.

4. How We Use Cookies
“Cookies” are small pieces of information that some web sites store on your computer’s hard drive when you visit them. Like many other web sites, texasoncology.com uses cookies to provide us with information relating to the sources of our site traffic. Collecting this information, however, does not allow us to personally identify you.

Most web browsers automatically accept cookies but allow you to modify security settings so that you can approve or reject cookies on a case-by-case basis. Our site requires that both cookies and JavaScript be enabled. If you reject cookies from our site, some parts of the site may not work properly for you.

5. Health Tools Information
You may need to provide personal information in order to use some of the health tools on our site. This information may include your answers to questions about your health status. We use this information to calculate risk. We don’t store or share it.

6. Surveys
You may be asked to complete surveys when you visit texasoncology.com. We use information from surveys to better understand the needs of our users and to gather information about health care trends and issues. We may share information from surveys with Third-Parties who perform data management services for our site. Those Third-Parties have agreed to keep all data from surveys confidential. Also, we may share information from surveys in an aggregated, de-identified form with Third-Parties with whom we have a business relationship.

7. How We Protect Your Personal Information
All data that you enter on this site are encrypted with secure server software (SSL). The encryption means that your data are protected while they are being transferred over the Internet to our servers. Once your data reach our servers, the same security software that guards our company’s essential business data protects your data as well.

In addition to using the most secure technology available, we de-identify all data before they are used in any aggregate reporting that may be done.

8. What We Provide To Third-Parties
Except as noted above for surveys, Texas Oncology does not provide any third-party access to your IP address and e-mail address.

We use analytics tools and other third-party technologies, such as Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our website.

These tools and technologies collect and analyze certain types of information, including device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, age, gender, interests and demographics.

We use these tools to inform, optimize, and serve ads based on past visits to our website.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page.

Google has additional information available about its Remarketing Privacy Guidelines, Policies and Restrictions.

9. Children’s Privacy
This site is intended for adults age 18 and older. It is not intended for or designed to attract people under the age of 18. We do not collect personally identifiable information from any person we actually know to be under the age of 18.

10. E-mail Communications
E-mail communication that you send to us via the e-mail links on our site may be shared with a Texas Oncology Customer Service representative, employee, medical expert or other agent who is most able to address your inquiry. We make every effort to respond in a timely fashion once communications are received. Once we have responded to your communication, it is discarded or archived, depending on the nature of the inquiry.

The e-mail functionality on our site does not provide a completely secure and confidential means of communication. It’s possible that your e-mail communication may be accessed or viewed by another Internet user while in transit to us. If you wish to keep your communication private, do not use our e-mail.

11. Complaint Process
If you believe your privacy rights have been violated or if you have another complaint or problem, you may e-mail us by clicking the “Contact us” link at the bottom of any page. Our Customer Service department will forward your complaint to the appropriate Texas Oncology department for response or resolution. You may also write to the The US Oncology Network Privacy Officer at:

Privacy Officer
The US Oncology Network
10101 Woodloch Forest Dr.
The Woodlands, TX 77380

If you’ve contacted Texas Oncology about a privacy-related concern and you do not believe your problem has been addressed, you may file a complaint by calling the Texas Oncology general number at (800) 758-7608 and asking for the Privacy Officer.

12. Changes To Our Privacy Policy
We will occasionally update this Privacy Policy. You will see the word “updated” followed by the date next to the Privacy Policy link near the bottom of all pages on the site. If the “updated” date has changed since you last visited, you’re encouraged to review the policy to be informed of how this site is protecting your information.

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Notice of Electronic Disclosure

Please be aware that when permitted by law to disclose your health information created or received by Texas Oncology as discussed in Texas Oncology Notice of Privacy Practices, such disclosures may be made electronically.

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