Terms of Use

Welcome to the Eviti™ product suite, developed and supported by NantHealth, Inc. (also referred to as "NantHealth", "our", "us", and "we"). The Eviti product suite includes Eviti Connect for Oncology (available at https://connect.eviti.com ), Eviti Connect for Autoimmune Diseases (available at https://autoimmuneconnect.eviti.com/) , and Eviti Advisor (available at https://connect.eviti.com/evitiadvisor), as well as the Eviti web services available through partner platforms that we have authorized (collectively referred to as "Eviti Product Suite" or the "Websites"). Use of the Websites, information, services, and content distributed through or in conjunction with the Websites (collectively, the "Services") is offered to you subject to your acceptance of these Terms of Use, and in accordance with the Eviti Privacy Policy and any other notices or amendments posted through the Services.

By accessing and using the Services, including any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms of Use, the Eviti Privacy Policy , and other notices posted through the Services. You further represent and warrant that you have the power and authority to enter into this agreement. If you do not acknowledge and agree with the above, you may not access or use the Services.



BECAUSE THESE TERMS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.



NantHealth shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use at any time ("Changes"). You will be notified of any Changes through a posting on the Websites, a notification in the Services, or via e-mail. Any Changes shall be effective THIRTY (30) days following the posting of such Changes (the "New Effective Date"). You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, you must stop using the Services (including Websites) immediately and notify NantHealth via email at info@nanthealth.com or NantHealth, Inc., Attn: Legal Department, 2040 E. Mariposa Avenue, El Segundo, CA 90245.

Purpose of the Services

The Services, including the information and/or content available in or on, or accessed or downloaded through or from, the Services ("Information and Content") are made available to aid providers with the prior authorization of treatment plans.

No Representation Regarding Information and Content

We have used reasonable efforts to obtain the most accurate and timely information available, including Information and Content pertaining to medical standards, evidence-based guidelines, and drug information, all of which are complex and subject to change. You agree that all risk associated with the use of, or reliance on, any of the Information and Content contained in the Services rests with you. You further agree that NantHealth and the NantHealth Parties (as defined below) shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Information and Content.

Limited License & Permitted Uses

You are granted a non-transferable, non-exclusive, revocable license to:

  1. access and use the Services strictly in accordance with these Terms of Use;
  2. use the Services solely for internal purposes, and;
  3. display, download, archive or print a single copy of any discrete Information and Content solely for internal non-commercial purposes in connection with your prior authorization request submitted via the Services, provided that, in doing so, you do not further distribute, sell, or modify the Information and Content in any way, maintain all copyright and other notices contained therein, and you comply with the User Conduct and Obligations set forth herein (collectively, the "Permitted Uses").

Except for the Permitted Uses contained in this limited license, nothing in these Terms of Use grants, or should be construed to grant, by implication or otherwise, any licenses to or rights in the Services or in copyright or other intellectual property rights. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in and to the Services, including the Websites and Information and Content, belong to NantHealth and/or its licensors, as applicable.

You are prohibited from reverse engineering and/or decompiling the proprietary source code used in the Services or any of its API’s, services and databases or any other system within the Eviti Product Suite.

User Conduct and Obligations

Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you shall not:

  1. upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
    1. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
    2. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
    3. might violate any local, federal, or international law, or any rules of any health care policy, either intentionally or unintentionally, or;
    4. contains any viruses or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  2. use, reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services (including any Information and Content retrieved therefrom);
  3. disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
  4. provide false information about yourself, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
  5. upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;
  6. use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract any Services, material relating to the Services, data or data fields, including without limitation any medical and insurance data or e-mail addresses;
  7. use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names, or other deceptive addressing is deemed spam. SENDING, OR ATTEMPTING TO SEND, SPAM E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
  8. reproduce or redistribute any Information and Content in any manner whatsoever, including without limitation by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
  9. use any Information and Content for any purpose competitive with NantHealth’s business;
  10. present, archive, cache, frame, scrape, or mirror any Information and Content from any part of the Services within another web site or otherwise, except with express written permission from NantHealth;
  11. remove, obscure, or alter any intellectual property rights notice present on or in the Services, including but not limited to copyright, trademark, and/or patent notices;
  12. copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture; or
  13. remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which medical and treatment data is provided by the Eviti product suite or otherwise circumvent the Services' regular interfaces to such data.

The foregoing prohibitions expressly include, but are not limited to, the practice of "screen or data scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services, in any manner or in any quantities not authorized in writing by NantHealth.

Remedies for Violations

We reserve the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms of Use, including but not limited to the right to block access from a particular IP address to the Services and their features.

License of Your Content via the Eviti Product Suite

By uploading, posting, transmitting, sharing, or otherwise making available to the Services any content, or submitting any materials for use on or with the Services, you grant (or warrant that the owner of such rights has expressly granted) NantHealth or its designee, a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, publish, translate, reformat, exploit, create derivative work(s) or adaptation(s) from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the world, in any manner except as may be otherwise stated in the Eviti Privacy Policy.

DISCLAIMER AND LIMITATION OF LIABILITY

The Services and all Information and Content are provided on an "AS IS" and "AS AVAILABLE" basis. NantHealth, its agents, officers, directors, and employees expressly disclaim any and all warranties, whether express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties.

NantHealth, its agents, officers, directors, and employees disclaim and shall have no responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or any way related to:

  1. Any errors in or omissions from the Services, including but not limited to technical inaccuracies and typographical errors in any Information and Content;
  2. Any third party web sites or third party applications software and content, directly or indirectly, accessed through, presented or made available by the Services (including hypertext links), including but not limited to any errors in or omissions therefrom;
  3. The use of or inability to use the Services (including any Information and Content);
  4. The unavailability of the Services or any portion thereof;
  5. Problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, computer equipment, software, or any combination thereof, including without limitation any injury or damage to your, or any other person's, computer as a result of using the Services;
  6. Your use of any equipment or software in connection with the Services.
  7. Any misuse of Information and Content or other aspect of the Services; or
  8. Any other matter relating to the Services, regardless of whether any of the foregoing is determined to constitute a fundamental breach or failure of essential purpose.

WITHOUT LIMITATION OF THE FOREGOING, NANTHEALTH, ITS AGENTS, OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY RELATING TO THE SERVICES.

TO THE EXTENT ANY ELEMENT OF THE FOREGOING DISCLAIMER OR LIMITATIONS ON LIABILITY IS PROHIBITED, NANTHEALTH’S SOLE OBLIGATION TO YOU FOR DAMAGES, IN AGGREGATE, SHALL NOT EXCEED THE GREATER OF (I) $100 AND (II) THE FEES RECEIVED BY NANTHEALTH FROM YOU RELATING TO THE CLAIMED SOURCE OF DAMAGE.

Service Modifications

You acknowledge and agree that NantHealth reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information and Content, or technical specifications with or without notice to you, and that NantHealth will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

Privacy and Personal Information

Your use of the Services may require you to provide information about yourself. You acknowledge that you have read and agree to all of the terms and conditions of Eviti Privacy Policy and that you agree to the incorporation of the Eviti Privacy Policy into these Terms of Use.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, NantHealth does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail containing personal information. NantHealth shall take commercially reasonable efforts to safeguard the privacy of the information you provide consistent with the Eviti Privacy Policy.

Proprietary Rights

"Eviti", "Eviti Connect", "Eviti Advisor", the Eviti logo, NantHealth, the NantHealth logo, and other identifying marks of NantHealth and its products and services are and shall remain the trademarks and trade names and exclusive property of NantHealth and any unauthorized use of these marks is unlawful. The Information and Content may be used by you only for your personal use as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by NantHealth.

Certain National Comprehensive Care Network Content is © National Comprehensive Cancer Network, Inc. 2011, All Rights Reserved. NATIONAL COMPREHENSIVE CANCER NETWORK®, NCCN®, and NCCN COMPENDIUM® are trademarks owned by the National Comprehensive Cancer Network, Inc.

Indemnification

You agree to indemnify, defend, and hold NantHealth, its affiliates and business partners, and our and their officers, directors, employees, and agents (collectively, the "NantHealth Parties"), harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, or content you post or share on or through the Services, or breach of these Terms of Use. NantHealth reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Unlawful Activity

NantHealth reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

General

These Terms of Use incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Eviti Privacy Policy and, except for any agreements with NantHealth that expressly reference these Terms of Use, constitute the entire agreement between you and NantHealth with respect to access to, and use of, the Services. Except as specifically set forth herein, these Terms of Use supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and NantHealth relating to the Services. This agreement is not intended to create a partnership, joint venture or agency relationship between you and NantHealth.

Copyright Complaint Policy

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below via written notice to NantHealth:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the applicable Website, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement should be emailed or mailed to info@nanthealth.com or to NantHealth, Inc., Attn: Legal Department, 2040 E. Mariposa Avenue, El Segundo, CA 90245.



National Comprehensive Cancer Network Compendium

Reproduced with permission from the NCCN Clinical Practice Guidelines in Oncology (NCCN Guidelines®) for all chapters available at: http://www.nccn.org. Accessed January 2, 2018 ©National Comprehensive Cancer Network, 2016. To view the most recent and complete version of the Guideline, go online to www.nccn.org.

These Guidelines are a work in progress that may be refined as often as new significant data becomes available.

The NCCN Guidelines® are a statement of consensus of its authors regarding their views of currently accepted approaches to treatment. Any clinician seeking to apply or consult any NCCN Guidelines® is expected to use independent medical judgment in the context of individual clinical circumstances to determine any patient’s care or treatment. The National Comprehensive Cancer Network makes no warranties of any kind whatsoever regarding their content, use or application and disclaims any responsibility for their application or use in any way.



Contact

If you have any questions or concerns about the Services or these Terms of Use, please feel free to contact us info@nanthealth.com.

Last Updated: January 22, 2022