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PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE.
By
using this site, you signify your assent to these Terms and
Conditions. If you do not agree to all of these Terms and
Conditions of use, do not use this site!
CancerSociety.com
may revise and update these Terms
and Conditions at any time. Your continued usage of the
CancerSociety.com website ("CancerSociety.com Site,"
or the "Site,") will mean you accept those changes.
THE
SITE DOES NOT PROVIDE MEDICAL ADVICE.
The
contents of the CancerSociety.com Site, such as text, graphics,
images, information obtained from CancerSociety.com's licensors,
and other material ("Content") contained on the
CancerSociety.com Site are for informational purposes only.
The Content is not intended to be a substitute for professional
medical advice, diagnosis, or
treatment. Always seek the advice of your physician or other
qualified health provider with any questions you may have
regarding a medical condition. Never disregard professional
medical advice or delay in seeking it because of something
you have read on the CancerSociety.com Site!
If
you think you may have a medical emergency, call your doctor
or 911 immediately. CancerSociety.com does not recommend or
endorse any specific tests, products, procedures, opinions,
or other information that may be mentioned on the Site. Reliance
on any information provided by CancerSociety.com, CancerSociety.com
employees, others appearing on the Site at the invitation
of CancerSociety.com, or other visitors to the Site is solely
at your own risk.
The
Site may contain health- or medical-related materials which
you find sexually explicit or otherwise offensive. CancerSociety.com,
its licensors, and its suppliers have no control over and
accept no responsibility for such materials. You are solely
responsible for compliance with the laws applicable to your
country of residence.
CHILDREN'S
PRIVACY
We
are committed to protecting the privacy of children. You
should be aware that this Site is not intended or designed
to
attract children under the age of 13. We do not collect
personally identifiable information from any person we actually
know is a child under the age of 13.
USE
OF CONTENT
CancerSociety.com
authorizes you to view or download a single copy of the material
on the CancerSociety.com Site solely for your personal, noncommercial
use. if you include the following copyright notice:
All rights reserved" and other copyright and proprietary
rights notices which were contained in the Content. Any special
rules for the use of certain software and other items provided
on the CancerSociety.com Site may be included elsewhere within
the Site and are incorporated into these Terms and Conditions
by reference.
The
Content is protected by copyright under both United States
and foreign laws. Title to the Content remains with CancerSociety.com
or its licensors. Any use of the Content not expressly permitted
by these Terms and Conditions is a breach of these Terms and
Conditions and may violate copyright, trademark, and other
laws. Content and features are subject to change or termination
without notice in the editorial discretion of CancerSociety.com.
All rights not expressly granted herein are reserved to CancerSociety.com
and its licensors.
If
you violate any of these Terms and Conditions, your permission
to use the Content automatically terminates and you must immediately
destroy any copies you have made of any portion of the Content.
LIABILITY
OF CANCERSOCIETY.COM AND ITS LICENSORS
The
use of the CancerSociety.com Site and the Content is at your
own risk.
When
using the CancerSociety.com Site, information will be transmitted
over a medium which is beyond the control and jurisdiction
of CancerSociety.com and its suppliers. Accordingly, CancerSociety.com
assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information
transmitted in connection with use of the CancerSociety.com
Site.
The
CancerSociety.com Site and the content are provided on an
"as is" basis. CANCERSOCIETY.COM, ITS LICENSORS,
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD
PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically,
CancerSociety.com, its licensors, and its
suppliers make no representations or warranties about the
following:
1.The
accuracy, reliability, completeness, currentness, or
timeliness of the Content, software, text, graphics, links,
or communications provided on or through the use of the
CancerSociety.com Site or CancerSociety.com.
2.The
satisfaction of government regulations requiring
disclosure of information on prescription drug products
with regard to the Content contained on the CancerSociety.com
Site.
In
no event shall CancerSociety.com, its licensors, its suppliers,
or any third parties mentioned on the CancerSociety.com Site
be liable for any damages (including, without limitation,
incidental and consequential damages, personal injury/wrongful
death, lost profits, or damages resulting from lost data or
business interruption) resulting from the use or inability
to use the CancerSociety.com Site or the Content, whether
based on warranty, contract, tort, or any other legal theory,
and whether or not CancerSociety.com is advised of the possibility
of such damages. CancerSociety.com shall be liable only to
the extent of actual damages incurred by you, not to exceed
U.S.$1000. CancerSociety.com is not liable for any personal
injury, including death, caused by your use or misuse of the
Site, Content, or Public Area (as defined below). Any claims
arising in connection with your use of the Site, any Content,
or the Public Areas must be brought within one (1) year of
the date of the event giving rise to such action occurred.
Remedies under these Terms and Conditions are exclusive and
are limited to those expressly provided for in these Terms
and Conditions.
USER
SUBMISSIONS
You
agree that you will not upload or transmit any communications
or content of any type that infringe or violate any rights
of any party. By submitting communications or content to any
part of this Site, you agree that such submission is non-confidential
for all purposes. If you make any such submission, you automatically
grant--or warrant that the owner of such content has expressly
granted- CancerSociety.com a royalty-free, perpetual, irrevocable,
world-wide nonexclusive license to use, reproduce, create
derivative works from, modify, publish, edit, translate, distribute,
perform, and display the communication or content in any media
or medium, or any form, format, or forum now known or hereafter
developed. CancerSociety.com may sublicense its rights through
multiple tiers of sublicenses.
CancerSociety.com
Live and Member to Member Areas
("Public Areas")
If
you use a Public Area, you are solely responsible for your
own communications, the consequences of posting those communications,
and your reliance on any communications found in the Public
Areas. CancerSociety.com is not responsible for the consequences
of any communications in the Public Areas. In cases where
you feel threatened or believe someone else is in danger,
you should contact your local law enforcement agency immediately.
If you think you may have a medical emergency, call your doctor
or 911 immediately.
In
consideration of being allowed to use the Public Areas, you
agree that the following actions shall constitute a material
breach of these Terms and Conditions:
1.Using
a Public Area for any purpose in violation of local, state,
national, or international laws;
2.Posting
material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others;
3.Posting
material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, slanderous, hateful, or embarrassing to
any other person or entity as determined by CancerSociety.com
in its sole discretion;
4.Posting
advertisements or solicitations of business;
5.After
receiving a warning, continuing to disrupt the normal flow
of dialogue, or posting comments that are not related to the
topic being discussed (unless it is clear the discussion is
free-form);
6.Posting
chain letters or pyramid schemes;
7.Impersonating
another person;
8.Distributing
viruses or other harmful computer code;
9.Harvesting
or otherwise collecting information about others, including
email addresses, without their consent;
10.Allowing
any other person or entity to use your identification for
posting or viewing comments;
11.Posting
the same note more than once or "spamming"; or
12.Engaging
in any other conduct that restricts or inhibits any other
person from using or enjoying the Public Area or the Site,
or which, in the judgment of CancerSociety.com, exposes CancerSociety.com
or any of its customers or suppliers to any liability or detriment
of any type.
CancerSociety.com
reserves the right (but is not obligated) to do any or all
of the following:
1.Record
the dialogue in public chat rooms.
2.Investigate
an allegation that a communication(s) do(es) not conform to
the terms of this section and determine in its sole discretion
to remove or request the removal of the communication(s).
3.Remove
communications which are abusive, illegal, or disruptive,
or that otherwise fail to conform with these Terms and Conditions.
4.Terminate
a user's access to any or all Public Areas and/or the CancerSociety.com
Site upon any breach of these Terms and Conditions.
5.Monitor,
edit, or disclose any communication in the Public Areas.
6.Edit
or delete any communication(s) posted on the CancerSociety.com
Site, regardless of whether such communication(s) violate
these standards.
CancerSociety.com
reserves the right to take any action it deems necessary to
protect the personal safety of our guests or the public. CancerSociety.com
has no liability or responsibility to users of the CancerSociety.com
Site or any other person or entity for performance or nonperformance
of the aforementioned activities.
ADVERTISEMENTS
AND LINKS TO OTHER SITES
CancerSociety.com
does not endorse the content on any third-party websites.
CancerSociety.com is not responsible for the content of linked
third-party sites, sites framed within the CancerSociety.com
Site, or third-party advertisements, and does not make any
representations regarding their content or accuracy. Your
use of third-party websites is at your own risk and subject
to the terms and conditions of use for such sites. CancerSociety.com
does not endorse any product advertised on the CancerSociety.com
Site.
INDEMNITY
You
agree to defend, indemnify, and hold CancerSociety.com, its
officers, directors, employees, agents, licensors, and suppliers,\
harmless from and against any claims, actions or demands,
liabilities and settlements including without limitation,
reasonable legal and accounting fees, resulting from, or alleged
to result from, your violation of these Terms and Conditions.
GENERAL
CancerSociety.com
is based in Jericho, New York, in the United States of America.
CancerSociety.com makes no claims that the Content is appropriate
or may be downloaded outside of the United States. Access
to the Content may not be legal by certain persons or in certain
countries. If you access the CancerSociety.com Site from outside
the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. The following
provisions survive the expiration or termination of these
Terms and Conditions for any reason whatsoever: Liability,
User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
JURISDICTION.
You
expressly agree that exclusive jurisdiction for any dispute
with CancerSociety.com, or in any way relating to your use
of the CancerSociety.com Site, resides in the courts of the
State of New York and you further agree and expressly consent
to the exercise of personal jurisdiction in the courts of
the State of New York in connection with any such dispute
including any claim involving CancerSociety.com or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
These
Terms and Conditions are governed by the internal substantive
laws of the State of New York, without respect to its conflict
of laws principles. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity
of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of
any of these Terms and Conditions shall be deemed a further
or continuing waiver of such term or condition or any other
term or condition.
COMPLETE
AGREEMENT
Except
as expressly provided in a particular "legal notice"
on the CancerSociety.com Site, these Terms and Conditions
constitute the entire agreement between you and CancerSociety.com
with respect to the use of the CancerSociety.com Site, and
Content. Your use of the CancerSociety.com Site is also subject
to the CancerSociety.com Privacy Policy.
Thank
you for your cooperation. We hope you find the CancerSociety.com
Site helpful and convenient to use! Questions or comments
regarding this website should be directed by electronic mail
to info@CancerSociety.com
or via U.S. mail to:
CancerSociety.com
366 North Broadway, Suite 410
Jericho, NY 11753
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