Terms & Conditions
Legal Notice on Administrative Rights:
By registering for an administrative account for this site, you affirm that you have the necessary legal and administrative rights for your institution/department and accept the role of administrator for this account and that you have the legal authority to enter in medical data and assign others to enter in such data on behalf of your institution ("Sub-users"). As an administrator, your responsibilities include managing the additional Sub-users for the account so that administrative, technical and physical security is maintained. You are responsible for ensuring that the Sub-users understand and agree to these terms and conditions.
Legal Notice on Employment Verification:
By registering for an administrative account for this site, you give permission to the management of this site to contact the Institution you provided to verify your title and employment in order to approve you as the sole administrator for the requested account.
Legal Notice on Data Entered on This Website:
By registering for an account for this site as an administrator, as defined above, you understand and agree that the data you and your Sub-users enter may be utilized in the aggregate including for reporting and analytical purposes. The aggregate data entered by you or the Sub-users of this site, may anonymously be shared by the management of this site with designated third parties for aggregate reporting and data analysis.
The use by Astellas or its affiliates of any of your or the Sub-users' account data would be in a de-identified manner, such that in all instances, it would be anonymous. Other users of this site, or other third parties, will have no means to identify you, your account, its Sub-users, your institution, its staff, or its patients or patient information. Any patient information and personally identifiable information is encrypted using industry standards and in compliance with all applicable law.
Having an account on this site will enable you to, when such reporting functionality is made available on this site, run comparative data reporting, filtering by geographical and time-period factors, relative to your institution's data.
The accuracy and validity of the data you and your Sub-users submit is solely your responsibility. Astellas, its affiliates and the management of this site assume no responsibility for the accuracy or validity of the information or data entered into this site by you or its Sub-users. You agree to treat the AUC Tracker site and all data entered therein as confidential and to further disclose it only as permitted by applicable law.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ASTELLAS, OR ITS AFFILIATES, SUPPLIERS, LICENSORS AND OTHER THIRD PARTY PARTNERS AND AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ASTELLAS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY. YOU AND YOUR SUB-USERS' SOLE AND EXCLUSIVE REMEDY FOR ANY HARM UNDER THIS AGREEMENT SHALL BE TO CEASE USING THE SERVICE.
You agree to indemnify, defend, and hold harmless Astellas, its affiliates, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct), by you. Astellas shall have the right to be represented by, and have counsel appear, at its own expense, with respect to any such claim. You, may not, without the prior written consent of Astellas (which consent shall not be unreasonably withheld) settle a claim, if such a settlement: (A) includes any payment of monetary damages by Astellas or injunctive relief binding on Astellas; (B) includes an admission of liability by Astellas, or (C) does not include a release of Astellas from all further liability with respect to such claim. You and your Sub-user's use of this Site shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be exclusively in the state or federal courts located in California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.
You may opt out of use of the Site anytime by contacting
. Also, you may opt-out of receiving certain emails by following the instructions on those emails or by sending an email to
This information is intended for US healthcare professionals.
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