Acceptance of Terms.
The Service 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 so qualify, do not attempt to register for or use the Service. Navigating Cancer may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
You shall only have one (1) account with the Service (which, for clarity, means that you will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts for another user when acting as their Caregiver.
This Site Does Not Provide Medical Advice.
All of the material provided on the Site, such as text, treatments, dosages, outcomes, charts, member profiles, graphics, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health and based on your particular circumstances. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your physician or 911 immediately. Neither Navigating Cancer nor its affiliates, directors, officers, employees and contractors (collectively, the “Affiliates”) recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Navigating Cancer or its Affiliates, by persons appearing on the Site at the invitation of Navigating Cancer, or by other members is solely at your own risk.
Rules and Conduct.
The Service (including without limitation, any content, documents or other information made available via the Service) is provided only for your own informational purposes. Any unauthorized use of the Service, including without limitation, any commercial use (such as, for example, resale by you or your representatives to third parties), is expressly prohibited.
By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that:
- 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”);
- imposes an unreasonable or disproportionately large load on Navigating Cancer’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise;
- 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; or
- harvests or collects any information from the Site; or
- impersonates any person or entity, including any employee or representative of Navigating Cancer.
Navigating Cancer may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform strictly with any provision of this section.
Navigating Cancer has no obligation to monitor the Service or any use thereof. However, Navigating Cancer reserves the right at all times and without notice to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental (including law enforcement) request.
Third Party Sites.
The Service may permit you to link to other websites on the Internet, and other websites may contain links to the Site. These other websites are not under Navigating Cancer’s control, and you acknowledge that Navigating Cancer is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such websites. The inclusion of any such link does not imply endorsement by Navigating Cancer or any association with its operators.
Third Party Content.
The Site makes information of third parties available, including articles, news reports, calculation tools, marketing materials from pharmaceutical manufacturers and company information and data about cancer care, including “patient monographs” and other data specific to the treatment of patients whose identity has not been divulged (the “Third Party Content”). You acknowledge and agree that the Third Party Content is not created or endorsed by Navigating Cancer, nor any business offering products or services through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or inducement for the referral of patients or the purchase or order of any item or service. In addition, the Third Party Content is not intended to constitute or provide medical advice. You acknowledge that the Third Party Content provided to Navigating Cancer is obtained from sources believed to be reliable and that no guarantees are made by the Site or the providers of the Third Party Content as to its accuracy, completeness, or timeliness. You agree not to hold Navigating Cancer, its Affiliates, the Site, any business offering products or services through the Site or any provider of Third Party Content liable for any medical treatment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason. You further agree to comply fully with all applicable laws in your dealings with respect to Third Party Content.
THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIRD PARTY CONTENT AND CLINIC CONTENT.
Third Party Trademarks and Copyrights.
Third Party Content is the property of its respective provider or its licensor and is protected by applicable copyright law as set forth below. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the Third Party Content in any manner without the express written consent of the Third Party Content Provider.
You agree that all content and materials delivered via the Service or otherwise made available by Navigating Cancer at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Navigating Cancer in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Navigating Cancer is prohibited.
License to Navigating Cancer.
Navigating Cancer has a separate arrangement with your medical provider in relation to the Clinic Content. The following relates to content other than the Clinic Content, such as the content that you provide directly to the Site.
By uploading, submitting or otherwise disclosing or distributing content of any kind at the Site or otherwise through the Service, you:
- grant to Navigating Cancer, its affiliates and their assignees the perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant to Navigating Cancer that you own or otherwise control all rights to such content and that disclosure and use of such content by Navigating Cancer (including without limitation, publishing content at the Site) will not infringe or violate the rights of any third party; and
- acknowledge that the content may not be treated confidentially.
Some areas of the Site may allow you to post information and other content relating to your health or otherwise. While some such areas are monitored periodically for topicality, Navigating Cancer has no obligation to prescreen postings and is not responsible for their content. Navigating Cancer encourages you to notify us of inappropriate or illegal content and Navigating Cancer reserves the right to remove postings for any reason.
You agree not to provide Navigating Cancer with any confidential or proprietary information that you desire or are required to keep secret.
THIS SECTION SHALL NOT APPLY TO THE EXTENT IT CONFLICTS WITH THE PRIVACY STATEMENT.
If you wish to terminate your account, you may simply discontinue using the Service. Navigating Cancer may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, the following may lead to a termination by Navigating Cancer of your membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Navigating Cancer has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
THE SERVICE (AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (COLLECTIVELY, THE CONTENT)) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICE 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, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. NAVIGATING CANCER, AND ITS AFFILIATES, LICENSORS AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (B) THE SERVICE 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 SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. THE CONTENT IS MADE AVAILABLE FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL ADVICE. 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. ALWAYS CONSULT YOUR PHYSICIAN OR OTHER RELEVANT AND QUALIFIED HEALTHCARE PROVIDERS FOR DIAGNOSTIC AND TREATMENT PURPOSES. WE DO NOT ENDORSE, OR RECOMMEND, OR IN ANY MANNER ASSUME RESPONSIBILITY FOR, ANY CONTENT. SOME STATES DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
IN NO EVENT SHALL NAVIGATING CANCER (OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE CONTENT OR SERVICES, OR (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF NAVIGATING CANCER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Navigating Cancer makes no representation that the Content is appropriate or available for use in locations outside the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability.
Copyright and Trademark Notices.
“Navigating Cancer” as well as page headers, custom graphics, buttons, images and other content on the Site, 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 Site is strictly prohibited.
You may contact Navigating Cancer at the following address: firstname.lastname@example.org