This Access Agreement ("Agreement") is entered into by and between Anthem, Inc. ("Anthem", "We", "Us", or "Our") and the User ("User", "You", or "Your" means a Medical Provider or Provider group that provides medical goods and services to an individual) named herein, a "Covered Entity" as defined in 45 CFR §160.103. Anthem and You are sometimes hereinafter referred to individually as the "Party" or collectively as the "Parties".

By accessing or using the Anthem Oncology Browser (“Service”), you signify that you have read, understood, and agree to be bound by this Agreement, and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service.  We reserve the right to make unilateral modifications to this Agreement and will provide notice of these changes as described below.

This Agreement governs Your use of Anthem's secure web sites ("Site") including, without limitation, all content and self-service functions made available to You through the Site. This Agreement include the terms and conditions set forth below.

TERMS AND CONDITIONS

1. Definitions. A User is a person who has registered to use the Site or that You have authorized to access or use the Services.
2. Services. The Services include the use of the Anthem Oncology Browser, all health related data, data visualizations, and content contained therein.

   Your use of the Service is not intended to take the place of Your medical training and professional judgment. Anthem is not licensed to practice medicine and does not render medical care or medical advice. Neither Anthem, Inc., nor any of its licensors or suppliers, shall be liable for any advice obtained from a health service provider using the Service. Anthem, Inc. does not recommend or endorse any specific providers, tests, medications, products or procedures. All services or recommendations made by a health service provider are based on their independent professional judgment.

3. Use. Your access to and use of the Services are permitted solely for Your internal use and benefit; any other access or use is strictly prohibited.
4. User Access. You must register each User through the online registration process or other process established by Anthem, which process may change from time to time in Anthem's sole and absolute discretion. In addition, each User must execute this Agreement ("User Agreements") before receiving access to the Services. Such User Agreements are accessed and acknowledged online by each User upon initial login and establish the Terms of Use and Confidentiality provisions for access to the Site and use of the Services. No User shall receive access to the Site without first accepting the User Agreements. The Anthem administrator may disable access to the Services by a User at any time by revoking the User's access online or by a written request to Us. You must immediately disable or request that we disable access to the Services by a User when You have security concerns, including but not limited to lost or stolen User ID or Password, disclosure of confidential information, or fraudulent activity. In addition, you must immediately disable access by any terminated employee. If We at any time discover any error or omission in the information provided to Us, We may, in our sole and absolute discretion, terminate User's right to access and use the Site and the Services. User shall not use Anthem's Site or Service in a manner which may violate the laws and regulations of the United States or any other nation, or the laws and regulations of any state, city, province, or other jurisdiction in any fashion and shall not transmit any information using the Site unless it has proper consent from the subject of such information to so transfer the information. Anthem may deny Your access to the Site and Service in the event You breach this Agreement or at any time with or without cause. You are responsible for all acts or omissions by You, and for any liabilities, losses, damages, injunctions, suits, actions, fines, penalties, claims, or demands of any kind or nature by or on behalf of any person, party, or governmental authority incurred by Us as a result of Your use of the Site.
5. Confidential Information. Anthem may make certain claims and medical information available to You as part of the Site or Services. You will maintain the strict confidentiality of the information and will maintain the security of the information and otherwise treat the information in accordance with all requirements of federal, state and local laws, rules and regulations. You will abide by any additional requirements of which You are notified and accept while on the Site with respect to such information. In addition, You acknowledge that such information may contain errors and agree that, before using any such information, You will verify its accuracy. You will hold Us harmless from, and indemnify and defend Us against, any and all losses, damages, claims, expenses, and costs incurred, as a result of Your use of the health information or breach of this Section 5.
6. Security. We require each User to have unique information to identify himself/herself when accessing or using the Services. Currently this unique information is a User ID and Password and later may be a digital certificate. You are solely responsible for (1) maintaining the strict confidentiality of the IDs and Passwords assigned to You and Your Users, as applicable, (2) not allowing another person to use their IDs or Passwords to access the Site or the Services, and (3) any charges, damages, or losses that may be incurred or suffered as a result of Your or Your Users' failure to maintain the strict confidentiality of their IDs and/or Passwords. If User becomes aware of or suspects fraudulent activity or any other activity that threatens the security of the Site, User must immediately revoke the offending User's access to the site and promptly report the activity to Anthem.
7. Third Party Access and Scraping. You agree not to provide any third party access to the Site. In addition, You agree that You will not use technology or methods commonly referred to as “screen scraping,” “data scraping,” “web scraping,” “web emulation,” or “web bots” (collectively the “Scraping Methods”) when accessing or using the Site. In the event that You use any of the Scraping Methods, We may utilize technical measures to prevent such usage and may, in our sole discretion, suspend or terminate the Service.
8. Intellectual Property Ownership. You agree that We (or third parties providing content or services for the Site) own all worldwide rights, titles and interests in and to the Site and all intellectual property rights therein. You may print a copy of the information contained on the Site for Your professional use only, but You may not reproduce or distribute the text or graphics to others or substantially copy the information on Your own server, or link to the Site, without prior written permission of Anthem. All rights not expressly granted in this Agreement are reserved to Us. No other rights or licenses are conveyed or intended by this Agreement.
9. General Disclaimers. TO THE FULLEST EXTENT PERMITTED BY LAW, ANTHEM, INC., AND THEIR LICENSORS AND SUPPLIERS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL PROVIDERS OF CONTENT FOR THIS APPLICATION) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM USE OF THE SITE OR SERVICE, LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SERVICE OR THE CONTENT, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANTHEM, INC. AND THEIR LICENSORS’ AND SUPPLIERS’, AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APPLICATION OR THIS AGREEMENT, WHETHER FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ANTHEM, INC. IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THE FOREGOING CAP APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS. ANTHEM, INC. AND ITS LICENSORS AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CLAIMS YOU MAY HAVE AGAINST ANY MEDICAL PROFESISONALS, SUPPLIERS OF PRODUCTS OR OTHER PERSONS, INSTITUTIONS, OR ENTITIES IDENTIFIED IN WHOLE OR IN PART THROUGH THE SERVICE.
   FURTHERMORE, THE SITE AND THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS AT YOUR OWN RISK.
10. General Indemnity. You agree to defend, indemnify, and hold Us harmless against any losses, expenses, costs, or damages (including Our reasonable attorneys' fees, expert fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) as outlined in Section 4, (2) Your breach of the terms of this Agreement, (3) Your unauthorized or unlawful use of the Site or the Services, (4) the unauthorized or unlawful use of the Site or the Services by any other person using Your IDs or Passwords, (5) any breach or unauthorized use of this Site or the Services of any person or entity that You delegate functions or User access to with regard to this Site or the Services, and (6) any harm, including any personal injury caused by You based on the use of the Site or the Services.
11. Waiver. It is understood and agreed that no failure or delay by a Party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
12. Miscellaneous. Anthem reserves the right to access, read, copy, delete, and disclose information on Anthem systems and equipment. Anthem reserves the right to inspect any and all files stored on Anthem equipment.
13. Third Party Software. You agree to use any third-party software Anthem may provide to You solely for the purposes of using the Site to transmit transactions to health plans. You agree to comply with all of the terms and conditions of any licenses relating to such third-party software. You agree not to, or to attempt to, reverse engineer disassemble, copy, modify, decompile, or prepare derivative works of any part of Anthem's system or any such third-party software. Upon Anthem's request, You shall return all copies of such third-party software to Anthem and remove, and certify to Anthem such removal, of any electronic copies of such third-party software stored or residing on Your systems.
14. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Indiana, without regard to its conflicts of laws provisions. Any dispute relating to this Agreement, the Site, or the Services shall be brought only in a federal or state court sitting in Marion County, Indiana.
15. No Liability for Technology. We are only responsible for the security of the computer systems we own and operate. Anthem, Inc. shall have no liability for information about you stored or recorded by any computer or mobile device or any network, whether public or private, that you may use to access the Application.
16. You agree not to access or use the Application for an unlawful or illegitimate purpose. You shall not attempt to disrupt the operation of the Service or any other Anthem system. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks.

Please email us at:
oncologybrowser@gmail.com