Navigating Cancer API Terms of Use

Portal 7.0

Last updated November 7, 2022

If you are a software developer desiring to access Navigating Cancer’s APIs (as defined below) you must first obtain a Developer’s License from Navigating Cancer as part of your Authentication Credentials application. The Developer License grants you a worldwide, non-exclusive, revocable, non-transferable right to use and deploy an application that utilizes Navigating Cancer APIs. The below Terms of Use supplement the terms in your Developer’s License.

ACCEPTANCE OF TERMS

The following terms and conditions govern your (“You” or “Your”) use of the Navigating Cancer APIs (as further defined below). The Navigating Cancer APIs are owned and operated by Navigating Cancer, Inc. (“Navigating Cancer”). Access to the Navigating Cancer APIs are offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this site by Navigating Cancer (collectively, the Terms of Use).

Use of the Navigating Cancer APIs is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not qualify, do not attempt to register for or use the Navigating Cancer APIs. Navigating Cancer may refuse to offer the Navigating Cancer APIs to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE NAVIGATING CANCER APIS. BY VIEWING OR USING ALL OR ANY PART OF THE NAVIGATING CANCER APIS, DOWNLOADING ANY MATERIALS OR BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE.

CHANGES

Navigating Cancer reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

PERMISSIBLE USE OF NAVIGATING CANCER APIS

Navigating Cancer provides access to our application programming interfaces (“APIs”), including the Standardized API for patient and population services API (“Standardized API”), the Consolidated Clinical Document Architecture API (“C-CDA API”), and any additional APIs we may add in the future (individually or collectively, the “Navigating Cancer API(s)”) to patients and developers. You will only access (or attempt to access) the Navigating Cancer APIs by the means described in the documentation. You will not misrepresent or mask your identity or the identity of your client application. If Navigating Cancer assigns you Authentication Credentials, you must use them with the applicable APIs. The access and authentication requirements are better described in the documentation for the particular Navigating Cancer API; your Authentication Credentials may only be used for the applicable Navigating Cancer APIs only. Navigating Cancer reserves the right to change, update, add or discontinue Navigating Cancer APIs or functionality or features to the Navigating Cancer APIs at our discretion with or without notice.

Pursuant to these Terms of Use, Navigating Cancer grants you a limited, revocable, non-sublicensable, non-assignable, non-transferable, royalty-free, non-exclusive license only to use: the applicable Navigating Cancer API to retrieve health care information with the consent of the applicable patient or their personal representative to the extent required by law. You may only access the Navigating Cancer APIs by the authentication method provided by Navigating Cancer.

Your use of the Navigating Cancer APIs may be monitored and logged. You hereby agree to such monitoring.

You agree to immediately notify Navigating Cancer of any security flaws, vulnerabilities, or deficiencies identified through normal use of Navigating Cancer APIs by contacting support@navigatingcancer.com. You agree to not publicly disclose security flaws, vulnerabilities, or deficiencies in the Navigating Cancer APIs or other Navigating Cancer applications, systems, devices, or networks of which you become aware.

CREDENTIALS

You represent and warrant that any and all registration information you provide to Navigating Cancer in connection with your access to the Navigating Cancer APIs is accurate, complete, and up to date. All notices will be sent to the email address provided with registration, unless you otherwise provide notice with an update. To register, please contact support@navigatingcancer.com and indicate that you are interested in authentication credentials/tokens for the C-CDA API or the Standardized API. The process for obtaining a Developer License may require a final verification of the app before granting production access which may include a review of the app’s technical specifications, privacy & security information or agreements and a demo of the app.

You must maintain the confidentiality of all passwords, user IDs, tokens, etc. (“Authentication Credentials”) and may not provide such credentials to third parties. You are responsible for all apps, products, and software that are developed or use your Authentication Credentials and any breach of security caused by your failure to maintain the confidentiality of your Authentication Credentials. You shall immediately notify Navigating Cancer at support@navigatingcancer.com in the event of any loss, theft, unauthorized use or other compromise or breach of the security or confidentiality of your Authentication Credentials.

You are responsible for obtaining, maintaining, and paying for all hardware, software, and all telecommunications and other services needed for you to use the Navigating Cancer APIs.

RESTRICTIONS

As a condition of use, you promise not to use the Navigating Cancer APIs for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Navigating Cancer. You agree to abide by all applicable local, state, national and international laws and regulations, including obtaining applicable consent from the patient or provider to access any health records.

You agree to not utilize the Navigating Cancer APIs for any action that:

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, profane or which otherwise violates the Terms of Use;
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
in any way that could pose a threat to, disrupt, interfere with, harm, or impair the Navigating Cancer APIs, Navigating Cancer or other Navigating Cancer services, applications, systems, devices, or networks, or Navigating Cancer clinics’, patients’, or other users’ use of Navigating Cancer APIs,
imposes an unreasonable or disproportionately large load on Navigating Cancer’s computing, storage or communications infrastructure, uses the Navigating Cancer APIs in a manner that constitutes excessive or abusive usage, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Navigating Cancer or any third party;
is designed to obtain materials, data, or information for purposes of gaining a competitive advantage over Navigating Cancer;
harvests or collects any information from the Site; or
impersonates any person or entity, including any employee or representative of Navigating Cancer.

You shall not:

decompile, disassemble, reverse engineer, or otherwise attempt to derive, reconstruct, identify, or discover any source code, underlying ideas, or algorithms of the Navigating Cancer APIs by any means;
remove any proprietary notices, labels, or marks from the Navigating Cancer APIs;
interrupt or attempt to interrupt the operation of the Navigating Cancer APIs in any way, including, without limitation, by restricting, inhibiting, or interfering with the ability of any other user to use the Navigating Cancer APIs (including by means of hacking or defacing any portion of the Navigating Cancer APIs, or by engaging in spamming, flooding, or other disruptive activities);
disrupt, interfere with, modify, bypass, or otherwise circumvent Navigating Cancer’s functionality or features, limitations, security measures, technical processes, availability, integrity, or performance (or attempt the same);
transmit or attempt to transmit data over a Navigating Cancer API unless such transmission is authorized and formatted in accordance with applicable specifications in the Navigating Cancer API implementation guide; or
conduct security research on or testing against Navigating Cancer APIs, services, applications, systems, devices, or networks without prior written approval from Navigating Cancer.

Navigating Cancer may, at its sole discretion, immediately terminate your access to the Navigating Cancer APIs should your conduct fail to conform strictly with any provision of this section.

PROPRIETARY RIGHTS

Navigating Cancer and its licensors own the Navigating Cancer APIs and the content on this website and all intellectual property rights therein, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You have only those rights to access and use the Navigating Cancer APIs as are expressly granted by Navigating Cancer under these Terms of Use and all other rights in the Navigating Cancer APIs are reserved to Navigating Cancer or its licensors. You agree to not remove any proprietary notices, labels, or marks from the Navigating Cancer APIs. Systematic retrieval of data or other content from the Navigating Cancer APIs to create or compile, directly or indirectly, a collection, database or directory without written permission from Navigating Cancer is prohibited.

Reproducing, copying or distributing any content, materials or design elements from the Navigating Cancer APIs for any other purpose is strictly prohibited without the express prior written permission of Navigating Cancer. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

PRIVACY

Navigating Cancer’s current privacy policy is available at https://www.navigatingcancer.com/privacy-policy (“Privacy Policy”), which is incorporated into our Terms of Use by this reference. You must comply with all applicable federal and state laws, including HIPAA, regarding the protection and disclosure of information through the Navigating Cancer APIs.

SECURITY

You agree that your connection with the Navigating Cancer APIs may not pose a risk of a security breach to the Navigating Cancer system. You must deploy industry standard security controls, including but not limited to encryption and utilize authentication and audit logging protocols. You must maintain the security of your authentication to Navigating Cancer’s APIs and may not share it with any third parties.

NO WARRANTIES

THE NAVIGATING CANCER APIS (AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NAVIGATING CANCER APIS (COLLECTIVELY, THE CONTENT)) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE NAVIGATING CANCER APIS AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NAVIGATING CANCER CANNOT ENSURE THAT THE CONTENT CONTAINED ON ITS SERVER OR OTHER SYSTEMS WILL BE AVAILABLE AT ALL TIMES, AND NAVIGATING CANCER CANNOT ENSURE THAT THE INFORMATION PROVIDED ON ITS WEBSITE AND THROUGH THE NAVIGATING CANCER APIS WILL BE ACCURATE. NAVIGATING CANCER, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (B) THE NAVIGATING CANCER APIS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE NAVIGATING CANCER APIS WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE NAVIGATING CANCER APIS IS SOLELY AT YOUR OWN RISK. PROFESSIONAL MEDICAL AND HEALTHCARE CONSULTATION DEPENDS ON THE PRECISE FACTS OF EACH AND EVERY INDIVIDUAL CASE. THE CONTENT IS IN NO WAY A SUBSTITUTE FOR ANY SUCH PROFESSIONAL CONSULTATION. NAVIGATING CANCER DOES NOT ENDORSE, OR RECOMMEND, OR IN ANY MANNER ASSUME RESPONSIBILITY FOR, ANY CONTENT. NAVIGATING CANCER DOES NOT WARRANT THAT THE WEBSITE, CONTENT, OR NAVIGATING CANCER APIS WILL BE ACCURATE OR OPERATE WITHOUT INTERRUPTION OR ERROR. SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NAVIGATING CANCER, OR ITS SERVICE PROVIDERS, LICENSORS OR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS, (COLLECTIVELY, THE “NAVIGATING CANCER PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE NAVIGATING CANCER APIS, WITH THE DELAY OR INABILITY TO USE THE NAVIGATING CANCER APIS, ANY DEFECTS IN THE NAVIGATING CANCER APIS, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE NAVIGATING CANCER APIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE NAVIGATING CANCER PARTIES FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE USE OF THE NAVIGATING CANCER APIS.

You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Navigating Cancer and the Navigating Cancer Parties from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Navigating Cancer APIs, your violation of these Terms of Use or other contract between you and Navigating Cancer, your use or disclosure of information obtained through the Navigating Cancer APIs, and/or your violation of the rights of any other person.

TERM, TERMINATION, SUSPENSION AND REVOCATION

These Terms of Use are effective until terminated by either party. If you no longer agree to be bound by these Terms of Use, you must cease your use of the Navigating Cancer APIs. If you breach any provision of these Terms of Use, then you may no longer use the Navigating Cancer APIs.

Navigating Cancer may suspend or revoke your Authentication Credentials or access to the Navigating Cancer APIs without prior notice for your failure to comply with these Terms of Use or if Navigating Cancer determines that your access to the Navigating Cancer APIs would present an unacceptable level of risk to the security of Navigating Cancer’s systems. Navigating Cancer may terminate and revoke your Authentication Credentials if you fail to comply with its terms and, to the extent permitted by law, for any or no reason. If these Terms of Use are terminated for any reason, then the Terms of Use will continue to apply and be binding upon you in respect of your prior use of the Navigating Cancer APIs (and any unauthorized further use of the Navigating Cancer APIs).

If you wish to terminate your account, you may simply discontinue using the Navigating Cancer APIs. Without limiting the foregoing, the following may lead to a termination by Navigating Cancer of your use of the Navigating Cancer APIs: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated access cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and Navigating Cancer with respect to its subject matter. Navigating Cancer’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If a court of competent jurisdiction rules that any provision of these Terms of Use is invalid, then that provision will be removed from these Terms of Use without affecting the rest of the Terms of Use and the remaining provisions will continue to be valid and enforceable. There are no third-party beneficiaries to these Terms of Use. The rights granted in these Terms of Use may not be assigned or transferred by You without the prior written approval of Navigating Cancer. You may not delegate your responsibilities or obligations under these Terms of Use without the prior written approval of Navigating Cancer. These Terms of Use shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in King County Washington to resolve any legal matter arising from these Terms of Use and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Navigating Cancer may, notwithstanding this, seek injunctive remedies in any jurisdiction.

COPYRIGHT AND TRADEMARK NOTICES

“Navigating Cancer” as well as page headers, custom graphics, buttons, images and other content on the website, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Navigating Cancer, Inc. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Navigating Cancer APIs is strictly prohibited.

CONTACT

If you have any questions regarding these Terms of Use please contact support@navigatingcancer.com.