Terms of Use

Acceptance of Terms.

The following terms and conditions govern all use of the Navigating Care service, including the navigatingcare.com and nav.care websites (the “Sites”), and the services available at the Sites and from Navigating Care (the “Service”). The Service is owned and operated by Navigating Cancer, Inc. (“Navigating Cancer”). The Service is 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 the Sites by Navigating Cancer (collectively, the “Terms of Use”).

The Service is available only to individuals who are at least 18 years old. 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.

Please take a few a few minutes to read the Terms of Use carefully. The information provided by the Service is designed to support, not replace, the relationship between patient/site visitors and their healthcare providers.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, THEN DO NOT ACCESS OR USE THE SERVICE. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING OR ACCESSING 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 without notice to you. All changes are effective immediately when we post them. 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.

Registration.

As a condition to using the Service, you may be required to register with Navigating Care and select a password and name (User ID). You shall provide Navigating Care with accurate, complete, and updated registration information. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account. You must ensure that your account with Navigating Care contains (at all times) either a valid email address and/or a valid mobile phone number. In addition, if you elect to create a User ID and password for accessing the Sites:

  • you shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar, or obscene;
  • Navigating Cancer reserves the right to refuse registration of or cancel a User ID in its sole discretion;
  • you are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password;
  • you shall never use another user’s account without such other user’s express permission, unless you are a designated personal representative of the user;
  • you shall never transfer or assign your account to any third party or provide a third party with your login and password;
  • you will immediately notify Navigating Cancer in writing of any unauthorized use of your account, or other account related security breach of which you are aware;
  • 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 personal representative.

Privacy.

Our privacy policies pertaining to the usage of our Service is contained in our Online Privacy Statement, which are incorporated into these Terms of Use by this reference.

No Medical Advice.

This Service Does Not Provide Medical Advice.

All of the material provided by the Service, such as text, treatments, dosages, outcomes, charts, member profiles, graphics, images, advice, messages, forum postings, and any other material provided by the Service are for informational and educational purposes only and are not a substitute for professional medical advice, treatment, or your own judgment. We encourage you to be careful when using medical information and to 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 from the Service. We do not guarantee or take responsibility for the medical accuracy of the content provided on the Sites, nor can we assume any liability for the content of web sites linked to our site.

Neither Navigating Cancer nor its affiliates, directors, officers, employees, or contractors (collectively, the “Affiliates”) recommends or endorses any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by the Service. Reliance on any information provided by Navigating Cancer or its Affiliates, by persons appearing on the Sites at the invitation of Navigating Cancer, or by other members is solely at your own risk.

Not for Emergencies.

If you think you may have a medical emergency, call your physician or 911 immediately. The Service is for non-emergency purposes only. Do not attempt to access emergency care through the Service or the Sites. The Service is not intended to support emergency or time-critical calls or communications to any type of hospital, medical care facility, law enforcement agency or any other kind of emergency or time-critical care service.

Navigating Cancer, its affiliates or staff, are in no way liable for such emergency calls or communications. You may not rely on the electronic communications for assistance with your urgent medical care needs. Any email or information submission provided on the Sites is not designed to facilitate medical care or emergency medical services.

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.

As a condition of use, you promise not to use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Navigating Cancer. You further agree to abide by all applicable local, state, national, and international laws and regulations. Use of the Service outside of the United States shall be in compliance with the laws of the jurisdiction from which you access the Service.

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:

  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, 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");
  • 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;
  • harvests or collects any information from the Service; or
  • impersonates any person or entity, including Navigating Cancer, or 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.

Content.

Navigating Cancer has no obligation to monitor the Service, Sites, 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 Sites. 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 Service 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 Service 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 Service, any business offering products or services through the Service, 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. If you decide to access any of the Third-Party Content, then you do so at your own risk and subject to the terms and conditions of use for such content. You further agree to comply fully with all applicable laws in your dealings with respect to Third-Party Content.

Clinic Integration.

If you are using this Service in conjunction with your physician’s practice or clinic, you acknowledge and agree to permit certain information including, but not limited to your medical diagnosis, treatments, medications, and schedules, to be integrated with your account on the Service (the “Clinic Content”). The delivery to you of the Clinic Content is intended to provide you with accurate, timely, and relevant information. All Clinic Content is provided to you on an “as is” and on an “as available” basis and Navigating Cancer makes no assurance to you that the Clinic Content is accurate and correct. Like the remainder of the information available from the Service, the Clinic Content is subject to the terms of the Privacy Statement referenced above and available at http://www.navigatingcancer.com/privacy-policy.

THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, NO WARRANTY OF TITLE, 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.

Proprietary Rights.

You agree that all content and materials delivered via the Service or otherwise made available by Navigating Cancer at the Sites including without limitation, all information, software, site design, text, displays, graphics, logos, buttons, icons, images, audio or video clips, service marks brand names, trade dress and trade names and the design, selection, and arrangement thereof (hereafter “Navigating Cancer Content”), are protected by United States and international copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Navigating Cancer retains all right, title, and interest in the Navigating Cancer Content and grants you no right, title, or interest in any intellectual property owned or licensed by Navigating Cancer, including service marks, logos, brand names, trade dress, and trade names (“Trademarks”). 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 Navigating Cancer Content and Trademarks. However, you may print or download a reasonable number of copies of the materials or content from the Service 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 the Service to create or compile, directly or indirectly, a collection, database, or directory without written permission from Navigating Cancer is prohibited.

You have no rights in or to such Navigating Cancer Content or Trademarks. Reproducing, displaying, copying, or distributing any Navigating Cancer Content or Trademarks from the Service for any other purpose is strictly prohibited without the express prior written permission of Navigating Cancer. Use of the Navigating Cancer Content or Trademarks for any purpose not expressly permitted in these Terms of Use is prohibited. Allowing anyone else to use the Navigating Cancer Content or Trademarks for any purpose not expressly permitted in these Terms of Use is prohibited. Use of Navigating Cancer Content or Trademarks in connection with any product or service that does not belong to Navigating Cancer, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Navigating Cancer is strictly prohibited without express prior written permission of Navigating Cancer. Any rights not expressly granted herein are reserved.

License to Navigating Care.

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 (“Non-Clinic Content”), such as the content that you provide directly to the Sites or the Service.

By uploading, submitting, or otherwise disclosing or distributing content of any kind at the Sites or otherwise through the Service, you:

  • grant to Navigating Cancer, its affiliates and their assignees a worldwide, perpetual, irrevocable, non-exclusive, transferable royalty-free license to access, use, reproduce, display, perform, adapt, modify, distribute, make derivative works of, and otherwise exploit such Non-Clinic 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 Non-Clinic Content and that disclosure and use of such content by Navigating Cancer (including without limitation, publishing content through the Service) will not infringe or violate the rights of any third party; and
  • acknowledge that the Non-Clinic Content may not be treated confidentially.

Some areas of the Sites or Service may allow you to submit 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.

Termination.

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 Service: (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 Service. Navigating Cancer will not be liable to you or any third party for termination of your access to the Service.

Disclaimer of Warranties.

THE SERVICE (AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES (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 NON-INFRINGEMENT, TITLE, 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. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THE TERMS OF USE.

NAVIGATING CANCER, AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT: (A) THE CONTENT IS TIMELY, ACCURATE, ADEQUATE, COMPLETE, RELIABLE, USEFUL, OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS, ERRORS, OR OMISSIONS WILL BE CORRECTED; (D) THE CONTENT IS FREE OF VIRUSES, WORMS, 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 TO YOU OR ANY OTHER PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSSES OF ANY KIND ARISING OUT OF OR 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 (A) YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT CONTAINED THEREIN, (B) ANY MATTER BEYOND ITS REASONABLE CONTROL, OR (C) ANY LOSS OR INACCURACY OF DATA, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, LOSS OR INTERRUPTION OF USE, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, OR COST OF PROCURING SUBSTITUTE CONTENT OR SERVICES, 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.

Indemnification.

You agree to defend, indemnify, and hold harmless Navigating Cancer, its affiliates and their employees, contractors, officers, directors, and representatives from all liabilities, claims, and expenses, including attorneys' fees, that arise from your use or misuse of the Service or your violation of these Terms of Use or other contract between you and Navigating Cancer. Navigating Cancer reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Navigating Cancer in asserting any available defenses.

International Use.

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.

Dispute Resolution.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Navigating Cancer agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You agree that you will notify Navigating Cancer in writing of any claim or dispute concerning or relating to your use of the Sites or Service and give Navigating Cancer a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Navigating Cancer.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law rules, and the United States of America. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Sites or Service shall be filed only in the state or federal courts located in Washington, USA, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Navigating Cancer with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Navigating Cancer with respect to the Service (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

Miscellaneous.

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable, or sublicensable by you except with Navigating Cancer's prior written consent. Navigating Cancer may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Copyright and Trademark Notices.

Unless otherwise indicated, these Terms of Use and all Content provided by Navigating Cancer are copyright © 2008–2019 Navigating Cancer.com, Inc. All rights reserved.

“Navigating Cancer,” “Navigating Care,” as well as page headers, custom graphics, buttons, images, and other content on the Sites, 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 Sites 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 Sites is strictly prohibited.

Contact.

You may contact Navigating Cancer at the following address: info@navigatingcancer.com

Last Modified: March 21, 2019.