Licensure and Legal
Terms and Conditions of Use
Vermillion, Inc. (“Vermillion” or the “Company”) maintains this website (the “Website”) as a service to the Internet community. Access to and use of information presented on the Website is subject to the following terms and conditions, which may be revised at any time by Vermillion. By accessing or using the Website, you acknowledge that you have read, understand and agree to be bound by these terms and conditions, which include and incorporate any additional rules and guidelines that we post on the Website. If you do not agree to be bound by or comply with these terms and conditions, neither you nor anyone acting on your behalf may access or use the Website.
Vermillion reserves the right to change or modify any of the terms and conditions of this Agreement or any of its other policies relating to the Website at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the Website, and you waive any right to receive specific notice of such changes or modifications. Continued use of the Website following the posting of changes or modifications constitutes and confirms your acceptance of such changes or modifications. Vermillion may, at any time and without notice, modify or discontinue all or part of the Website or refuse to provide access to some or all of the Website in Vermillion’s sole discretion
INFORMATIONAL PURPOSES ONLY
The Vermillion website is designed to provide a general overview about Vermillion and its products to a wide variety of audiences for informational purposes only. The information contained in the website is not intended to provide medical advice or instruction on the appropriate use of Vermillion’s products, nor is it intended to be used in making any decision relating to an investment in securities of the Company. Investors are urged to review and consider carefully the materials that Vermillion files with the Securities and Exchange Commission.
The information available on the Website is provided only as general information that may or may not reflect the most current medical developments or standards. While Vermillion endeavors to include only accurate and current information on the Website, Vermillion makes no representations or warranties that such information is correct, complete or up-to-date.
USE OF INFORMATION
It is the policy of Vermillion to enforce its intellectual property rights to the fullest extent permitted under law. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of Vermillion, its affiliates, licensors or collaborators, unless otherwise noted. The entire content of the website, including, without limitation, text, graphics, photographs, images, documents and other materials (collectively, “Materials”), is copyrighted and may not be distributed, downloaded, modified, reused, reposted or otherwise used without the express written permission of Vermillion. The use or misuse of these trademarks, copyrights, or Materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.
Except as expressly stated and agreed upon in advance by Vermillion, no confidential or special relationship shall be established in the event that any user of this website should make any oral, written or electronic communication to Vermillion (such as feedback, questions, comments, suggestions, ideas, etc.). Generally, any communication or information transmitted to Vermillion via the Vermilion website is considered not to be confidential. By transmitting communications or information to the website, you automatically grant Vermillion a royalty-free, perpetual, irrevocable, nonexclusive worldwide license to reproduce, modify, publish, edit, translate, distribute, perform and display the communication or information alone or as part of other works in any form, medium or technology, whether now known or hereafter developed, to use such communication or information for any purposes whatsoever, including without limitation, reproduction, publication and posting. You are fully responsible for the content of the communication or information you sent to Vermillion, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
TIMELINES OF CONTENT
All Materials posted on the Vermillion website are current as of the date posted. Vermillion expressly disclaims any intention or duty to update such information, whether as a result of new information, future events, or otherwise.
This website contains forward-looking statements relating to future events, and actual events may differ materially. In evaluating such statements, Vermillion website users should specifically consult the Company’s filings with the Securities and Exchange Commission, a link to which is provided under the Investor Relations section of this website, for further information regarding risks associated with the Company’s business.
DISCLAIMER OF WARRANTY
Vermillion makes no representation or warranty as to the accuracy or completeness of the materials posted on or referenced in the Vermillion website, including, without limitation, information prepared by third parties which is posted on the Vermillion website or in websites that are linked to the Vermillion website. All materials and information are provided on an “as is” and “as available” basis, and access to and use of all materials is at your own risk. Vermillion disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title or noninfringement.
Vermillion does not warrant that the Website, its servers, email or other communications sent from or on our behalf are free of viruses or other harmful components. While Vermillion uses reasonable efforts to include accurate, complete and up-to-date information on the Website, Vermillion makes no representations or warranties as to its accuracy and assume no liability or responsibility for any errors or omissions in the Website, and Vermillion reserves the right to change, correct or update the Website at any time in its sole discretion without notice. While Vermillion endeavors to make access and use of the Website safe and secure, Vermillion cannot and does not represent or warrant that the Website is or will be free of viruses or other harmful components or that we can guarantee absolute security for information within in the Website. You are advised to use commercially-recognized software to detect and disinfect viruses and other harmful components from any download, and you agree that we shall not be responsible for unauthorized access to or use of such information by hackers or others who have obtained access through illegal, unauthorized or unintended means.
LIMITATION OF LIABILITY
In no event shall Vermillion, its subsidiaries, affiliates, vendors or their respective directors, officers, employees, agents, or other representatives (collectively, “Vermillion parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with the use of, or inability to use, this website, the site content, any services provided on or through this website or any linked site, including any special, direct, indirect, punitive, incidental, exemplary or consequential damages, including without limitation personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in this website or the site content, whether or not there is negligence by the Vermillion parties and whether or not any of the Vermillion parties has been advised of the possibility of any such damages.
You agree to defend, indemnify and hold harmless the Vermillion Parties from and against any and all liability, loss or cost, including without limitation reasonable legal and accounting fees, alleging or resulting from information you have submitted, your use of the website or your breach of these terms and conditions.
These terms and conditions will be governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, USA in all disputes arising out of or relating to the use of this website. If any part of these terms and conditions is unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Vermillion reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access for a particular address to the website.
Notice of Privacy Practices
Your Information. Your Rights. Our Responsibilities.
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.
You have the right to:
- Get a copy of your paper or electronic medical record
- Correct your paper or electronic medical record
- Request confidential communication
- Ask us to limit the information we share
- Get a list of those with whom we’ve shared your information
- Choose someone to act for you
- File a complaint if you believe your privacy rights have been violated
You have some choices in the way that we use and share information as we:
- Tell family and friends about your condition
- Include you in laboratory information system
Our Uses and Disclosures
We may use and share your information as we:
- Perform laboratory testing
- Run our organization
- Bill for your services
- Help with public health and safety issues
- Do research
- Comply with the law
- Respond to organ and tissue donation requests
- Work with a medical examiner or funeral director
- Address workers’ compensation, law enforcement, and other government requests
- Respond to lawsuits and legal actions
When it comes to your health information, you have certain rights.
This section explains your rights and some of our responsibilities to help you.
Get an electronic or paper copy of your medical record
- You can ask to see or get an electronic or paper copy of your medical record and other health information we have about you. Ask us how to do this.
- We will provide a copy or a summary of your health information, usually within 30 days of your request. We may charge a reasonable, cost-based fee.
Ask us to correct your medical record
- You can ask us to correct health information about you that you think is incorrect or incomplete. Ask us how to do this.
- We may say “no” to your request, but we’ll tell you why in writing within 60 days.
Request confidential communications
- You can ask us to contact you in a specific way (for example, home or office phone) or to send mail to a different address.
- We will say “yes” to all reasonable requests.
- You can ask us not to use or share certain health information for treatment, payment, or our operations. We are not required to agree to your request, and we may say “no” if it would affect your care.
- If you pay for a service or health care item out-of-pocket in full, you can ask us not to share that information for the purpose of payment or our operations with your health insurer. We will say “yes” unless a law requires us to share that information.
Get a list of those with whom we’ve shared information
- You can ask for a list (accounting) of the times we’ve shared your health information for six years prior to the date you ask, who we shared it with, and why.
- We will include all the disclosures except for those about treatment, payment, and health care operations, and certain other disclosures (such as any you asked us to make). We’ll provide one accounting a year for free but will charge a reasonable, cost-based fee if you ask for another one within 12 months.
Get a copy of this privacy notice
You can access the website: vermillion.com and download a copy of this notice anytime.
Choose someone to act for you
- If you have given someone medical power of attorney or if someone is your legal guardian, that person can exercise your rights and make choices about your health information.
- We will make sure the person has this authority and can act for you before we take any action.
File a complaint if you feel your rights are violated
- You can complain if you feel we have violated your rights by contacting us using the information on page 1.
- You can file a complaint with the U.S. Department of Health and Human Services Office for Civil Rights by sending a letter to 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775, or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/.
- We will not retaliate against you for filing a complaint.
For certain health information, you can tell us your choices about what we share. If you have a clear preference for how we share your information in the situations described below, talk to us. Tell us what you want us to do, and we will follow your instructions.
In these cases, you have both the right and choice to tell us to:
- Share information with your family, close friends, or others involved in your care
- Share information in a disaster relief situation
If you are not able to tell us your preference, for example if you are unconscious, we may go ahead and share your information if we believe it is in your best interest. We may also share your information when needed to lessen a serious and imminent threat to health or safety.
In these cases we never share your information unless you give us written permission:
- Marketing purposes
- Sale of your information
In the case of fundraising:
- We may contact you for fundraising efforts, but you can tell us not to contact you again.
Our Uses and Disclosures
How do we typically use or share your health information?
We typically use or share your health information in the following ways:
We can use your health information and share it with other professionals who are treating you.
Example: A doctor treating you asks another doctor about your overall health condition.
Run our organization
We can use and share your health information to run our practice, improve your care, and contact you when necessary.
Example: We use health information about you to manage your treatment and services.
Bill for your services
We can use and share your health information to bill and get payment from health plans or other entities.
Example: We give information about you to your health insurance plan so it will pay for your services.
How else can we use or share your health information?
We are allowed or required to share your information in other ways – usually in ways that contribute to the public good, such as public health and research. We have to meet many conditions in the law before we can share your information for these purposes. For more information see: www.hhs.gov/ocr/privacy/hipaa/understanding/consumers/index.html.
Help with public health and safety issues
We can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
- Preventing or reducing a serious threat to anyone’s health or safety
We can use or share your information for health research.
Comply with the law
We will share information about you if state or federal laws require it, including with the Department of Health and Human Services if it wants to see that we’re complying with federal privacy law.
Respond to organ and tissue donation requests
We can share health information about you with organ procurement organizations.
Work with a medical examiner or funeral director
We can share health information with a coroner, medical examiner, or funeral director when an individual dies.
Address workers’ compensation, law enforcement, and other government requests
We can use or share health information about you:
- For workers’ compensation claims
- For law enforcement purposes or with a law enforcement official
- With health oversight agencies for activities authorized by law
- For special government functions such as military, national security, and presidential protective services
Respond to lawsuits and legal actions
We can share health information about you in response to a court or administrative order, or in response to a subpoena.
- We are required by law to maintain the privacy and security of your protected health information.
- We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.
- We must follow the duties and privacy practices described in this notice and give you a copy of it.
- We will not use or share your information other than as described here unless you tell us we can in writing. If you tell us we can, you may change your mind at any time. Let us know in writing if you change your mind.
Changes to the Terms of this Notice
We can change the terms of this notice, and the changes will apply to all information we have about you. The new notice will be available upon request, in our office, and on our website.
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