Terms of Service

By accessing or using oncospark.com (the “Site”), you agree to these Terms of Service. If you do not agree, do not use the Site.

Eligibility

The Site is intended for business and professional use by persons who are at least 18 years old and able to form a binding contract.

The Services

OncoSpark provides healthcare revenue cycle management, prior authorization technology, and related professional services. The Site provides information about OncoSpark and lets you contact us and request information. Access to and use of the OncoSpark platform or any client-facing application is governed by a separate written agreement, not by these Terms.

Acceptable Use

You agree not to misuse the Site, including by attempting unauthorized access, scraping or harvesting data at scale, introducing malware, interfering with the Site’s operation or security, infringing the rights of others, or using the Site for any unlawful purpose.

Intellectual Property

The Site and its content, including text, graphics, logos, and software, are owned by OncoSpark or its licensors and are protected by intellectual property laws. “OncoSpark” and related marks are trademarks of OncoSpark. Third-party names and logos belong to their respective owners and their appearance does not imply endorsement. You may not use our marks without our prior written permission.

Third-Party Content and Links

The Site may contain links to third-party websites and resources. We are not responsible for their content, products, or practices.

No Professional Advice

Information on the Site is general and provided for informational purposes only. It is not legal, financial, tax, medical, or other professional advice, and it does not create any professional or advisory relationship.

Disclaimers

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ONCOSPARK AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR DATA, ARISING FROM OR RELATING TO YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED US DOLLARS (USD 100).

Indemnification

You agree to indemnify and hold harmless OncoSpark and its affiliates from claims, damages, and expenses arising from your misuse of the Site or your violation of these Terms.

Privacy

Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

Copyright Complaints (DMCA)

To report claimed copyright infringement, contact our designated agent at legal@oncospark.com with the information required under 17 U.S.C. § 512(c).

Changes

We may modify the Site or these Terms at any time. Continued use of the Site after changes take effect means you accept the updated Terms.

Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Subject to the arbitration section below, the state and federal courts located in Tarrant County, Texas have exclusive jurisdiction.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

  1. Informal resolution first

    Before starting arbitration, contact us at legal@oncospark.com and allow 30 days for us to try to resolve the dispute informally.

  2. Binding arbitration

    Any dispute that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable rules, rather than in court, except as stated below. This agreement to arbitrate is governed by the Federal Arbitration Act.

  3. Class action waiver

    Disputes will be arbitrated only on an individual basis. You and we waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims.

  4. Jury trial waiver

    You and we waive any right to a trial by jury.

  5. Exceptions

    Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or unauthorized access to the Site or systems.

  6. Right to opt out

    You may opt out of this arbitration agreement by sending written notice to legal@oncospark.com within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. Our failure to enforce a provision is not a waiver. These Terms are the entire agreement between you and us regarding the Site. We may assign these Terms; you may not assign them without our consent. There are no third-party beneficiaries.

Contact Us

OncoSpark, Inc.
175 Westwood Dr, Southlake, TX, 76092
Email: legal@oncospark.com