Terms of Use

The Thyroid and Neck Cancer Foundation (“THANC”) is pleased to provide you with the ability to access information about your or a loved one’s thyroid, head or neck cancer diagnosis, treatment or concerns; share information about your condition and treatment with other patients and track your care and treatment through the Head & Neck Cancer Guide.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing this website, and/or by your request to set up such capability and access, you agree to the following Terms of Use. Please note that your failure to follow these Terms of Use can result in the termination of your account with the Head & Neck Cancer Guide/THANC.

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of this site and receipt of data, materials and information available at or through this site.

USE OF HEAD & NECK CANCER GUIDE

By your request to participate in the Head & Neck Cancer Guide, you understand and agree to the following:

(a) The Head & Neck Cancer Guide is intended as a secure online means for you to access medical information relevant to your care and treatment, and to share the experiences of your healthcare journey with others. Please note that if you share your Head & Neck Cancer Guide user name and password with another person, this will allow that person to see your confidential medical record information. THANC has no responsibility concerning any breach of your confidential medical information due to your sharing of or losing your user name and password.

(b) You must select a confidential password and maintain that password in a confidential and secure manner. If you believe that the confidentiality of your password has been compromised, you should change to a new password by following the procedures described at the Head & Neck Cancer Guide website.

(c) The Head & Neck Cancer Guide is not intended for use in any manner in the case of an emergency or if you need urgent medical care. If you should experience an emergency or if you need urgent medical care, you should immediately seek appropriate emergency care.

(d) Content: The content of this site is for your personal use only. You may not use any such content for commercial purposes or in any way that is harmful to us or any person or entity, as determined in our sole discretion. Republication, distribution, or use of the Head & Neck Cancer Guide that is inconsistent with the Terms of Use described herein is strictly prohibited. You will use the Head & Neck Cancer Guide only as permitted and not attempt to harm or circumvent any of its security features or use the Head & Neck Cancer Guide for any purpose other than as described in this Agreement.

(e) Intellectual Property: You acknowledge that all right, title and interest in any and all technology, including the software provided by THANC in connection with the Head & Neck Cancer Guide and any trademarks or service marks of THANC or third parties whose products or services are utilized in connection with THANC’s provision of the Services (other than information you provide) (collectively, the “THANC Intellectual Property”) is vested in THANC and/or in THANCs ’s licensors. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the THANC Intellectual Property, and you may not use, copy, modify or translate the THANC Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the THANC Intellectual Property, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Head & Neck Cancer Guide Agreement, you are not authorized to distribute or to authorize others to distribute the THANC Intellectual Property in any manner without the prior written consent of THANC.

(f) The Head & Neck Cancer Guide is being provided to you as a service, at the discretion of THANC. THANC has the right to terminate your Head & Neck Cancer Guide access at any time for any reason. This can include cases where THANC determines that it is not in your best interest or the interests of the Head and Neck Cancer Guide/THANC community to continue to have Head & Neck Cancer Guide access.

PROVISION OF SERVICES

(a) The Head & Neck Cancer Guide is presently provided free of charge.

(b) THANC will use reasonable efforts to keep the Head & Neck Cancer Guide free from error, but THANC cannot guarantee the completeness, accuracy, security or adequacy of Head & Neck Cancer Guide information. THANC cannot and does not guarantee the Head & Neck Cancer Guide itself will be fault-free or completely secure, but THANC will attempt to correct reported faults in a reasonable time frame.

(c) We may provide information to assist you in making decisions about your care and treatment, including forums for the exchange of information among Users. This may also include information, reminders or general healthcare related information and various resources for information regarding diagnosis and treatment of thyroid, head and neck cancers. The Head & Neck Cancer Guide provides forums and similar media for our users to exchange information. You acknowledge that any information you post in a forum, discussion group or share with other Users is available to other Users, and may result in your receiving communications from others outside our site. The information and materials available through this site are for informational and educational purposes only and are not intended to constitute professional advice, diagnosis or treatment, or to substitute for the professional judgment of physicians or other caregivers. We are not responsible for the accuracy or completeness of information available from or through our site. You assume full risk and responsibility for the use of information you obtain from or through this site, and you agree that THANC is not responsible or liable for any claim, loss, or liability arising from the use of the information, and agree to indemnify and hold THANC harmless for any claim loss or liability as arising from any uses of the information. We do not recommend or endorse any provider of health care or health-related products, items or services, and the appearance of materials on this site relating to any such products, items or services is not an endorsement or recommendation of them.

(d) THANC reserves the right to change the Terms of Service of the Head & Neck Cancer Guide from time to time. THANC may also suspend or terminate the Head & Neck Cancer Guide at any time.

PRIVACY POLICY

(a) THANC is fully committed to complying with all federal and state laws and regulations concerning the confidentiality of medical record information. Our Privacy Notice may be viewed at: http://www.headandneckcancerguide.com/privacy

(b) THANC may use Head & Neck Cancer Guide data without further authorization from you as part of THANC’s educational activities and programs and for research purposes, so long as the information is de-identified and used in accordance with applicable state and federal regulations.

SECURITY

THANC will endeavor to protect Head & Neck Cancer Guide data using reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the Head & Neck Cancer Guide, THANC does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet. If you have any concerns regarding the security of your information or the use of the Internet to access medical record information or share details of your medical condition and treatment through the Head & Neck Cancer Guide, you should consider not creating a Head & Neck Cancer Guide account.

DMCA COMPLIANCE

You acknowledge and agree that, pursuant to the Digital Millennium Copyright Act (“DMCA”), THANC may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the System of Electronic Medical Records or Personal Health Information which you provide violates their copyrights. In so doing, THANC may elect to remove (or require you to remove) such allegedly infringing Electronic Medical Records or Health Information from the system unless you object to the allegation of infringement, in which case THANC in its sole discretion may elect to maintain or restore the allegedly infringing information to the System pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You agree to cooperate fully with THANC to assure compliance with the DMCA upon receipt by THANC of any “take-down” notice issued by any third party, and in so doing, to promptly inform THANC whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

THANC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THANC’s copyright agent the written information specified below:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work or works that you claim has been infringed upon;
  • A description where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

THANC’s Copyright Agent for notice of claims of copyright infringement on the THANC Sites can be reached as follows:

THANC Foundation, Inc.
10 Union Square East
Suite 5B
New York, NY 10003
ATTN: DMCA Copyright Agent

Phone:
Fax: (212) 844-8465
Email notifications may be sent to dmcanotice@thancfoundation.org.

Please note that this procedure is exclusively for notifying THANC and its subsidiaries that your copyrighted material has been infringed.

DISCLAIMERS

THANC WILL ATTEMPT TO PROVIDE HEAD & NECK CANCER GUIDE ACCESS AND SERVICES WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN “AS IS AVAILABLE” BASIS. THANC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE HEAD & NECK CANCER GUIDE AT ANY TIME OF YOUR CHOOSING. THANC CANNOT GUARANTEE THAT THE HEAD & NECK CANCER GUIDE WILL BE ERROR-FREE OR COMPLETELY SECURE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THANC NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, COMPLETELY SECURE, ERROR-FREE, NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT. SHOULD YOU HAVE CAUSE TO BELIEVE THAT YOUR INFORMATION ON THE HEAD & NECK CANCER GUIDE IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH THE HEAD & NECK CANCER GUIDE, PLEASE CONTACT THANC. THANC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE HEAD & NECK CANCER GUIDE AT ANY TIME WITHOUT CAUSE OR NOTICE.

YOU AGREE THAT THANC TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (“ISP”), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS HEAD & NECK CANCER GUIDE. ADDITIONALLY, YOU ARE RESPONSIBLE FOR COPYING OR PRINTING COPIES OF YOUR INFORMATION IF YOU WANT TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT THE HEAD & NECK CANCER GUIDE IS UNAVAILABLE.

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s) by and through your use of this site. You hereby agree to indemnify, defend, and hold us, and any licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the this site and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

MODIFICATION OF TERMS OF USE

Subject to applicable law, THANC may modify and/or amend these Terms of Use, other terms and materials referenced in this document, the Head & Neck Cancer Guide, or the content of the Head & Neck Cancer Guide website at any time. We will post any modifications and/or amendments on the Head & Neck Cancer Guide website (www.headandneckcancerguide.org), and such modifications and/or amendments will be effective thirty (30) days following such posting. For this reason, you should review these Terms of Use every time that you log in.

GOVERNING LAW

These Terms of Use are governed by and will be interpreted in accordance with the laws of the State of New York.