Disclaimer and Notice of Proprietary Rights

Background

The Passport for Care® (“PFC”) survivor website is an online educational and information resource/service for childhood cancer survivors or, if a minor under applicable law or not legally competent due to incapacity or disability, their parent(s) or legal guardian(s). The PFC survivor website provides access to a summary of the survivor's cancer treatment history and individualized recommendations for screening for the potential late effects of treatment (“Follow-up Care Plan”) using the Passport for Care® (“PFC”) application.

The PFC application is an Internet-based decision support system designed to offer guidance to physicians and other healthcare professionals who provide services to childhood cancer survivors. The PFC application was developed by Texas Children's Cancer Center at Texas Children's Hospital, Houston, and the Center for Collaborative and Interactive Technologies at Baylor College of Medicine, Houston, Texas, in collaboration with representatives of the National Cancer Institute-supported Children's Oncology Group.

For Educational and Informational Purposes Only

The information provided through the PFC application (“PFC Application Content”) is based on the Children's Oncology Group's Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers and other materials. The information contained in the PFC application is intended for educational and informational purposes only and is not intended to replace independent clinical judgment, medical advice, or to exclude other criteria for screening, counseling, or intervention for specific complications of childhood cancer treatment. Neither is the PFC application intended to exclude other reasonable alternative follow-up procedures as may be deemed necessary based on the judgment of qualified clinical professionals. In this regard, the following advice is offered:

To cancer survivors [if a minor under applicable law, or not legally competent due to incapacity or disability, their parent(s) or legal guardian(s)].
Please seek the advice of a physician or other qualified healthcare professional with any questions that you may have regarding a medical condition and do not rely solely on the PFC application. The PFC application is intended to provide informational support to healthcare providers and patients in making treatment decisions and is not intended for use as a stand-alone tool or program for determining appropriate treatment.
To physicians and other healthcare providers:
The PFC application is not intended to replace your independent clinical judgment, medical advice, or to exclude other legitimate criteria for screening, health counseling, or intervention for specific complications of childhood cancer treatment. Neither is the PFC application intended to exclude other reasonable alternative follow-up procedures. The PFC application is provided as a resource to assist healthcare professionals in identifying health risks related to prior treatment for childhood cancer. The PFC application should not be used as the sole source of guidance in the evaluation of childhood cancer survivors. The PFC application developers, including professionals with the Texas Children's Cancer Center, Baylor College of Medicine, and the Children's Oncology Group, recognize that specific patient care decisions are the prerogative of the patient, family, and healthcare provider.

Not an Endorsement

No endorsement from the Texas Children's Cancer Center, Baylor College of Medicine, and/or the Children's Oncology Group related to any specific tests, products, services, or procedures is made by references that appear in and/or are available through Internet linkages that may be included in or accessed through the PFC application.

No Claim to Accuracy or Completeness

While the Texas Children's Cancer Center, Baylor College of Medicine, and the Children's Oncology Group attempt to ensure that PFC Application Content is accurate and complete as of the date of publication and/or distribution to targeted audiences, no warranty or representation, expressed or implied, is made as to the accuracy, reliability, completeness, relevance, or timeliness of the PFC Application Content.

No Liability on the Part of Texas Children's Cancer Center, Baylor College of Medicine, the Children's Oncology Group (PFC Application Developers), and Related Parties—Agreement to Indemnify and Hold Harmless the PFC Application Developers and Related Parties

To the extent possible, the PFC Application Developers have provided a reliable, accurate, and virus-free information resource. However, the usefulness of the PFC application as a tool in education and information will rely on the quality, accuracy, completeness and currency of the information that is entered into the Care Summary. No liability is assumed by the Texas Children's Cancer Center, Baylor College of Medicine, the Children's Oncology Group, or other affiliated parties or member thereof for damage resulting from the use, review, or access of the PFC application. You agree to the following terms of indemnification: (i) “Indemnified Parties” include all authors of, contributors to, and developers of the PFC application, and all officers, directors, representatives, employees, agents, and members of the Texas Children's Cancer Center, Baylor College of Medicine, the Children's Oncology Group, and affiliated organizations; (ii) by using, reviewing, or accessing the PFC application, you agree, at your own expense, to indemnify, defend, and hold harmless Indemnified Parties from any and all losses, liabilities, or damages (including attorneys' fees and costs) resulting from any and all claims, causes of action, suits, proceedings, or demands related to or arising out of use, review, or access to the PFC Application Content. Employees of a State Governmental Entity: The indemnity required by this Section shall be the maximum permissible under applicable law.

No Warranty

Users of any information obtained through or from the PFC application should be aware that such use is at their own risk. The User acknowledges and understands that Baylor College of Medicine, the Texas Children's Cancer Center, the Children's Oncology Group, nor any of the employees, representatives, or agents of the named organizations offer no warrant that the education and information Services offered or provided hereunder will not be interrupted or be error free, nor do they make any warranty or representation as to the results that may be obtained from the use of the Service or as to the accuracy, reliability or content of any information, service, or merchandise contained in or provided through the Service, unless otherwise expressly stated in this Agreement. The PFC application and the organizations involved in its development and dissemination specifically disclaim all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, for the Service it is offering or providing hereunder.

Proprietary Rights

The PFC application is subject to protection under the copyright law and other intellectual property law in the United States and worldwide. Baylor College of Medicine retains exclusive copyright and other right, title, and interest to the PFC application and claims all intellectual property rights under law. This proprietary PFC application right excludes the Children's Oncology Group's Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers, the proprietary rights to which are retained by the Children's Oncology Group, and contents of which are included for use in the PFC application through signed agreement by the parties. You hereby agree to help Baylor College of Medicine and the Children's Oncology Group secure all copyright and intellectual property rights for Baylor College of Medicine and the Children's Oncology Group by taking additional action at a later time, action which could include signing consents and legal documents and limiting dissemination or reproduction of the PFC application and/or the Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers.

Note

The language included in this disclaimer and notice of proprietary rights was adapted from and is congruent with language used in the Long-Term Follow-Up Guidelines for Survivors of Childhood, Adolescent, and Young Adult Cancers. (CureSearch: Children's Oncology Group. Long-term follow-up guidelines for survivors of childhood, adolescent, and young adult cancers. Version 4.0. Arcadia, CA: Children's Oncology Group; October 2013.)

Last updated: December 2014