Welcome to the eviti™ product
suite, developed and supported by NantHealth, Inc. (also referred to as "our",
"us", and "we"). The eviti product suite includes eviti Connect, located at https://connect.eviti.com, and eviti
Advisor, located at https://connect.eviti.com/evitiadvisor,
and the eviti Webservices, located at https://integration.eviti.com/10/rest
(referred to as "eviti product suite" or the "Websites"). Use of the
Web Sites, information, services, and content distributed through or in
conjunction with the Web Sites (collectively, the "Services") is
offered to you subject to your acceptance of these Terms of Use, and in
accordance with our Privacy Policy and any other notices or amendments posted
through the Services.
By accessing and using the
Services, or 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, Privacy Policy, and other notices posted through the
Services. You further 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 NantHealth, Inc.’s information, content, Websites or
Services.
BECAUSE
THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS
IMPORTANT THAT YOU READ THEM CAREFULLY.
NantHealth, Inc. 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 Web Sites, 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 immediately and notify NantHealth,
Inc. via email at info@nanthealth.com
or NantHealth, Inc., Attn: Legal Department, 9920 Jefferson Blvd, Culver City,
CA 90232. These Terms of Use were last modified on January 2, 2018.
Purpose of the Web Site and
Services
The Web Sites and Services are
services made available by NantHealth, Inc. 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 precertification of treatment plans.
No Representation
Regarding 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, Inc. 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:
a. access and use the Services strictly in
accordance with these Terms of Use;
b. use the Services solely for internal
purposes, and;
c. display, download, archive or print a single
copy of any discrete Information And Content, or any information and/or content
otherwise distributed by or from NantHealth, Inc., solely for internal
non-commercial purposes, 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, and their Information and Content belong to NantHealth,
Inc. and/or its licensors, as applicable.
You are
prohibited from reverse engineering and/or decompiling the proprietary source
code used in the eviti product suite 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:
a. upload, post, transmit, share or otherwise
make available through, or to, the Services any content that:
- is unlawful, abusive,
threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise
objectionable;
- might infringe the intellectual
property rights, privacy rights, rights of publicity, or other proprietary
rights of others;
- might violate any local,
federal, or international law, or any rules of any health care policy,
either intentionally or unintentionally, or;
- 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;
b. 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 or any Information And Content
retrieved therefrom;
c. 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;
d. 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;
e. 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;
f. 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;
g. 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;
h. 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;
i. use any Information And Content for
any purpose competitive with NantHealth, Inc.’s business;
j. 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, Inc.;
k. remove, obscure, or alter any notice of
NantHealth, Inc.’s intellectual property rights present on or in the Services,
including but not limited to copyright, trademark, and/or patent notices;
l. 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;
m. 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; and
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, Inc.
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 the Services, you grant (or
warrant that the owner of such rights has expressly granted) NantHealth, Inc.
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
otherwise than as stated in the Websites’ Privacy Policy.
DISCLAIMER
The services and all information
and content are provided on an "as is" and "as available"
basis. NantHealth, Inc., 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, Inc., its agents, officers, directors, and employees disclaim all
responsibility for, but not limited to, any loss, injury, claim, liability, or
damage of any kind resulting from, arising out of, or any way related to:
a. Any errors in or omissions from the services
and their information and content, including but not limited to technical
inaccuracies and typographical errors;
b. Any third party web sites or third party
applications software and content, directly or indirectly, accessed through
hypertext links in the services, including but not limited to any errors in or
omissions therefrom;
c. The unavailability of the services,
information and content, or any portion thereof;
d. your use of the services;
e. 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, or;
f. Your use of any equipment or software
in connection with the services.
You acknowledge and agree that in
no event shall NantHealth, Inc., its agents, officers, directors, and employees
be liable for any loss, injury, claim, liability, or damage of any kind
resulting from your use of the services. NantHealth, Inc., its agents,
officers, directors, and employees shall not be liable for any special, direct,
indirect, incidental, or consequential damages of any kind whatsoever
(including, without limitation, legal fees and court costs) in any way due to,
resulting from, or arising in connection with:
a. The use of or inability to use the services,
or any information and content contained therein;
b. Misuse of the information and content posted
on the website, or;
c. Any other matter relating to the services
and/or any information and content, regardless of whether any of the foregoing
is determined to constitute a fundamental breach or failure of essential
purpose.
To the extent this limitation on
liability is prohibited, eviti inc.’s sole obligation to you for damages shall
be no greater than the fees received by NantHealth, Inc. from you relating to
the claimed source of damage.
Service
Modifications
You acknowledge and agree that
NantHealth, Inc. 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, Inc. 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 Websites’ Privacy
Policy and that you agree to the incorporation of the 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, Inc.
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 with the Websites and/or Services containing your personal
information. NantHealth, Inc. shall take commercially reasonable efforts
to safeguard the privacy of the information you provide
consistent with Websites’ Privacy Policy.
Proprietary Rights
"connect.eviti.com",
"eviti", "eviti.com", "eviti Connect", eviti Advisor", the eviti logo, the
NantHealth, Inc. logo, and other identifying marks of NantHealth, Inc. and its
product suite are and shall remain the trademarks and trade names and exclusive
property of NantHealth, Inc., 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, Inc. 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
by User
You agree to indemnify, defend,
and hold NantHealth, Inc., its business partners, officers, directors,
employees, and agents 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, Inc. 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, Inc. 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 Privacy Policy and, except for any agreements with
NantHealth, Inc. that expressly reference these Terms of Use (i.e. the End User
Licensing Agreement), constitute the entire agreement between you and
NantHealth, Inc. with respect to access to, and use of, the Websites and
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, Inc. relating
to the Services. This agreement is not intended to create a partnership, joint
venture or agency relationship between you and NantHealth, Inc.
Copyright Complaint Policy
If you believe in good faith that materials hosted by us infringe your
copyright, please provide the written information requested below.
Please provide the following information:
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 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."
6. 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 on this website should be
emailed or mailed to info@nanthealth.com
or to NantHealth, Inc., Attn: Legal Department, 9920 Jefferson Blvd, Culver
City, CA 90232.
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 Web Site, Services, or these Terms of Use, please feel free
to contact us info@nanthealth.com.