Terms of Use

Navigating Cancer and Navigating Care™ Terms of Use

Last updated July 6, 2023.

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

Click Here for the Terms of Use

Click Here for the Accessibility Statement

Click Here for the Non-Discrimination Notice

Terms of Use

The Service is available only to individuals who are at least 18 years old, unless a parent or guardian has otherwise accepted on behalf of a minor. If you do not so qualify, do not attempt to register for or use the Service. Navigating Care 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 minutes to read the Terms of Use carefully. The information provided by the Service is designed to support, not replace, the relationship between member/patient/user/Site visitors and their healthcare providers or health plan.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE & THE PRIVACY POLICY, 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 Care reserves the right, at its sole discretion, to modify or replace any of these Terms of Use or the Privacy Policy 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/login (User ID). You shall provide Navigating Care with accurate, complete, and updated registration information. Failure to do so shall constitute 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, when you create a User ID and password for accessing the Service:

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 Care 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 Care 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 Site or Service you may be able to open sub-accounts for another user when acting as their personal representative. This requirement shall not apply to the extent an individual has multiple healthcare providers or health plans using Navigating Care.

Navigating Care 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. Content provided on the Sites may not have been reviewed by your physician or other healthcare provider; you should always consult with your provider for an understanding and interpretation of any test results, clinical notes or other material that may be included on the Sites. 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 Sites.

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

Not for Emergencies.

If you think you may have a medical emergency, call your healthcare provider or 911 immediately. The Sites and Services are 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 Care and its Affiliates are in no way liable for such emergency calls or communications. You may not rely on 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 Sites and 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 Care. 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 Sits or 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, or 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 Care’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 Care or any third party;
harvests or collects any information from the Service; or
impersonates any person or entity, including Navigating Care, or any employee or representative of Navigating Care.

Navigating Care 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 Care has no obligation to monitor the Service, Sites, or any use thereof. However, Navigating Care 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 access other websites on the Internet, and other websites may contain links to the Sites. These other websites are not under Navigating Care’s control, and you acknowledge that Navigating Care 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 Care or any association with its operators.

Third-Party Content.

The Service makes information of third parties available, including articles, news reports, calculation tools, education materials from pharmaceutical manufacturers and other third parties, and information and data about cancer care, and other data specific to the treatment of individuals (the “Third-Party Content”). You acknowledge and agree that the Third-Party Content is not created or endorsed by Navigating Care, 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 individuals or the purchase or order of any item or service. In addition, Third-Party Content is not intended to constitute or provide medical advice. You acknowledge that the Third-Party Content provided to Navigating Care is obtained from sources believed to be reliable and that no guarantees are made by the Sites Service or the providers of the Third-Party Content as to its accuracy, completeness, or timeliness. You agree not to hold Navigating Care or its Affiliates 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 using such content. You further agree to comply fully with all applicable laws in your dealings with respect to Third-Party 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.

Clinic Integration.

If you are using the 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, payments, explanation of benefits, claims data, schedules and other information, to be integrated with your account on the Site or 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 Care makes no assurance to you that the Clinic Content is accurate and correct. Like the remainder of the information available from the Site or Service, the Clinic Content is subject to the terms of the Privacy Policy 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.

Health Plan Integration.

If you are using the Service in conjunction with your health plan (including employer based health plan, insurance health plan, or third party administrator), you acknowledge and agree to permit certain information including, but not limited to your medical diagnosis, treatments, medications, payments, explanation of benefits, claims data, schedules and other information, to be integrated with your account on the Site or Service (the “Plan Content”). The delivery to you of the Plan Content is intended to provide you with accurate, timely, and relevant information. All Plan Content is provided to you on an “as is” and on an “as available” basis and Navigating Care makes no assurance to you that the Plan Content is accurate and correct. Like the remainder of the information available from the Site or Service, the Plan Content is subject to the terms of the Privacy Policy referenced above and available at http://www.navigatingcancer.com/privacy-policy.

Your Health Records

If you use the Services, you may receive messages, test results and other communications delivered via Navigating Care. Please note, that the health information included in the Services may include health information about sensitive topics, including sexually transmitted and other communicable diseases, drug and alcohol abuse, HIV/AIDS, and mental health services. All electronic medical record information is subject to all state and federal statutes governing the security and confidentiality of medical records.

Please keep in mind that the health information presented through the Services does not include all of the health information available in your permanent medical record. The posting of your health information is limited by the contracts that we have with health care providers and your health plan. Further, information that you provide into the Services may not be added into your permanent medical record.

Messages sent via our Services may be routed to appropriate clinic or health plan staff members and not delivered directly to an individual practitioner (e.g., your physician). Therefore, you should not communicate via the Services if you desire to communicate sensitive information directly with an individual provider.

Proprietary Rights.

You agree that all content and materials delivered via the Service or otherwise made available by Navigating Care via the Service 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 Care Content”), are protected by the United States and international copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Navigating Care retains all right, title and interest in the Navigating Care Content and grants you no right, title or interest in any intellectual property owned or licensed by Navigating Care, including service marks, logos, brand names, trade dress and trade names (“Trademarks”). Except as expressly authorized by Navigating Care 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 Care 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 Care is prohibited.

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

License to Navigating Care.

Navigating Care has a separate arrangement with your health plan or medical provider in relation to the Clinic Content or Plan Content. The following relates to content other than the Clinic Content or Plan Content (collectively the “Non-Clinic Content”), such as the content that you provide directly to 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 Care, 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 Care that you own or otherwise control all rights to such Non-Clinic Content and that disclosure and use of such content by Navigating Care (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, unless such Non-Clinic Content is otherwise protected under HIPAA.

THE ABOVE SECTION SHALL NOT APPLY TO THE EXTENT IT CONFLICTS WITH THE PRIVACY POLICY OR HIPAA.

Communications Consent

When you use our Services, you are consenting to our use of electronic communications to communicate with you. Accordingly, you agree that all agreements can be signed electronically and that correspondence, notices, consents, or other communications that we provide to you electronically satisfy any legal requirements that such communications shall be in writing.

By providing us, your healthcare provider or health plan, with your phone number or email address, you are consenting to be contacted by us at the number or email address you have provided. These communications may be via email, telephone call or text message. If you decide to withdraw your consent certain functionality of our Services may no longer work. You may opt-out of texting communications by texting “Stop”. You may opt-out of phone calls or email correspondence by contacting us using our opt-out form.

Texting Terms of Use

These texting Terms of Use apply to text messages sent by Navigating Care. Text messaging may include texts related to the following programs:

Healthcare reminders. Messages may include general healthcare reminders such as preventive health screenings. Message frequency may vary.
Medication reminders. Specific or general reminders when it’s time to take your medication. Message frequency may vary.
Program and services. Messages may include information about programs that are available to you to help manage your cancer treatments. Message frequency may vary.
Appointment scheduling and reminders. Messages may include confirmations, reminders or cancellations. Message frequency may vary.
Member Connection/Patient Portal. Messages may include, but are not limited to, invitations to join certain Navigating Care or health plan programs, notification of messages from your care team, or notifications pertaining to your usage of the Sites or Services. Message frequency may vary.
Home Care Instructions. Messages come directly from your care team to help you handle your symptoms, medication, and general cancer treatment. Message frequency may vary.
Monitoring/Health Tracker. Messages may include, but are not limited to, medication reminders, surveys and assessments pertaining to your treatment, health related social needs, experience, and symptoms. Message frequency may vary.
Educational Materials. Messages may include, but are not limited to, messages pertaining to educational materials relevant to your treatment. Message frequency may vary.

We both agree that the only way to end text messages for a specific texting program is to reply STOP. You understand and approve that replying STOP to the Navigating Care texting program may not opt you out of all programs that you are enrolled in with your health plan or your healthcare provider.

In all programs, you may text HELP for help. Text messages may be sent to your mobile number using an automatic dialing system. Message and Data rates may apply. Text messaging may not be available from all carriers.

IF YOU NO LONGER WANT TEXT MESSAGES FROM US, YOU MUST REPLY STOP TO OUR TEXTING PROGRAM THAT YOU ARE ENROLLED IN.

After you send “STOP” to us, we may send you a message to make sure that you no longer want to get text messages from that program. After this, you will no longer get text messages from Navigating Care. If you want to join again, just sign up as you did the first time and we will start sending text messages to you for the programs you have signed up for.

We do not guarantee the successful delivery of text messages by your wireless provider. Messages sent by text may not be delivered if the mobile device is not in range of a transmission site, or if the network is down. Factors beyond the power of wireless carriers may get in the way of message delivery. This may include the terrain, how close you are to buildings, foliage, weather, and your equipment. We and your wireless provider will not be liable for losses or damages that come from:

a message not delivered, a message delivered late, or
a message that goes to the wrong number; or
inaccurate or incomplete content in a text message.

We are not liable for your use or reliance on the content of any text message.

We can deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages***

If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have questions about our Services, please contact Navigating Care at the contact number below.

These Terms of Use are governed by Washington law, without reference to its rules regarding choice of law.

Texting Privacy & Security

Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update any changes.

We recommend you use a password to open your mobile device. Text messages may include protected health information (PHI). Since text messaging is unencrypted, there is a risk that this PHI could be intercepted or viewed by third parties, including others who look at your device. When you choose to get text messages from us, you do so at your own risk. The use and disclosure of PHI in text messaging may be governed by other privacy notices, including your health plan’s HIPAA Notice of Privacy Practices.

Questions about the Texting Terms of Use

What type of text messages will I get? Text messages may include one-time or recurring texts. These messages may include information about your benefits, programs, products, services, or tools, or general communications from your care team.

I want to stop receiving text messages, what do I do? To stop receiving text messages for a specific program, reply STOP to the text. If you no longer want any text messages, you must reply STOP to each program you want to end.

If I reply STOP for one texting program, can I stay in another program? Yes.

When you reply STOP to one texting program, you may still get text messages from your other programs.

What if my mobile number changes? Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update any changes.

What is a personalized text message? A personalized text message may help you take care of your health. These messages may include appointment reminders, educational information or suggestions to help you lower your costs or improve your health. These messages are unique to you and may show medical or mental health conditions. Note that text messages may be seen by someone else who can get into your phone. We suggest that you use a password.

I signed up for text messages, but I did not get one. Why not? Text messaging may not be available from all wireless providers. You may not get a message if your wireless network is down or you are not within a service range. We are not responsible for losses or damages because a text is not delivered, or it’s delayed.

Termination.

If you wish to terminate your account, you may simply discontinue using the Service. Navigating Care 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 Care of your use of the Service: (a) breaches or violations of these Terms of Use or other 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, (e) extended periods of inactivity; (f) termination of the agreement between Navigating Care and your health plan or clinic; and (g) termination of the services provided by your health plan or clinic to you. Navigating Care has no obligation to maintain, store, or transfer to you, information or data that you have posted on or uploaded to the Service. Navigating Care 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 CARE, 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 CARE (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 YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE CONTENT CONTAINED THEREIN, FOR ANY MATTER BEYOND ITS REASONABLE CONTROL, FOR 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 CARE 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 Care, 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 Care or any copyright infringement, misappropriation, misuse, gross negligence, intentional misconduct, or violation of applicable law. Navigating Care 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 Care in asserting any available defenses.

International Use.

Navigating Care 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 Care 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 Care in writing of any claim or dispute concerning or relating to your use of the Service and give Navigating Care a reasonable period of time to address it before bringing any legal action, either individually or as a class member against Navigating Care.

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 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 Care 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 Care with respect to the Service (but excluding the use of any software which may be subject to a separate license agreement). If any provision of the Terms of Use is found to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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 Care’s prior written consent. Navigating Care 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.

“Navigating Care,” “Navigating Cancer,” 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, LLC 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 Care at the following address: info@navigatingcancer.com

Accessibility Statement for Individuals with Disabilities

We are committed to ensuring that our website is accessible to individuals with disabilities. If you need assistance using our website, or assistance with a document on the website or application, we can help you. Please call us toll-free at 1-800-925-4456 or email us at support@navigatingcancer.com

For password help, registration issues, or other general assistance with our website, please call us toll-free at 1-800-925-4456 or email us at support@navigatingcancer.com

Nondiscrimination Notice

This information is available in other formats like large print. To ask for another format, please call us toll-free at 1-800-925-4456 or email us at support@navigatingcancer.com

Navigating Care provides software services to health plans and health care providers. Navigating Cancer does not exclude people or treat them unfairly because of sex, age, race, color, national origin, or disability.

Some plans and healthcare providers may provide free services to help you communicate with your health plan or your healthcare provider. Such as, letters in other languages, or in other formats such as large print, or you can ask for an interpreter. To ask for help, please call the toll-free number on your member ID card or contact your clinic.

If you think you weren’t treated fairly because of your sex, age, race, color, national origin, or disability, you can also file a complaint with the U.S. Dept. of Health and Human services.
Online https://ocrportal.hhs.gov/ocr/portal/lobby.jsf

Complaint forms are available at http://www.hhs.gov/ocr/office/file/index.html.
Phone: Toll-free 1-800-368-1019, 800-537-7697 (TDD)
Mail: U.S. Dept. of Health and Human Services. 200 Independence Avenue, SW Room 509F, HHH Building Washington, D.C. 20201