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Terms of use

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.

TERMS AND CONDITIONS OF USE

This section states the Terms and Conditions of Use (the “Terms of Use”) under which users may access, interact with, and otherwise use the website at www.beyondcancersurvival.com (the “Website”).  These terms of use constitute a binding legal agreement (the “Agreement”) between you and Beyond Cancer Survival: Parenting for Health, Cancer Prevention and Survivorship (“BCS”). If you do not accept the terms stated herein, do not use the Website. This Agreement contains the complete terms that apply to your use and participation, and by using the Website you agree to be legally bound by the terms and conditions set forth in this Agreement. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement on the Website. If you find changes in these terms that are unacceptable, you should discontinue your use of the Website.

Section 1. General Terms – Content and Communications

(a) The Website is a venue with the main purpose of helping parents who have or who have had cancer or are from cancer prone families to develop healthy strategies to potentially prevent cancer and/or survive. However, there may be content provided or generated by third parties that are intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors.

(b) Each user is solely responsible for the communications medium that such user uses in community interactions. BCS reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this Website by their children under the age of eighteen. Minors may not use this Website without actual parental supervision.

Section 2. Disclaimer

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE. Information accessible on the Website is not intended to substitute for medical advice or any other professional advice. The contents of the Website are for informational purposes only. We make no recommendations and we are not responsible for the use or misuse of content on the Website. None of the products or services offered through or on discussed on this Website represents or warrants that any particular product or service is safe, appropriate or effective for you. The Website is not intended to provide, nor does it constitute medical advice or medical information. You should always consult with your physician for medical advice for your personal situation. Information on this Website should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.  Do not disregard medical advice you have received or stop, start, change or delay in obtaining medical advice because of any item you may have read on the Website. Any advice on insurance or employment issues should not be relied upon as a substitute for advice from a professional such as an attorney, insurance broker or an accountant who is familiar with your individual needs and concerns.

Section 3. Copyright, Trademark and Other Restrictions on Use of the Website
(a) Authorization of Use and General Prohibited Uses. BCS authorizes you to view and download a single copy of content on the Website, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations.

(b) Copyright; Prohibition against Copying. The contents of the Website are protected by copyright under both United States and foreign laws. All rights reserved.

(c) Trademark.  “Beyond Cancer Survival: Parenting for Health, Cancer Prevention and Survivorship” is a trademark of BCS and may not be used by the user in connection with any product or service that is not offered by BCS in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits BCS.

Section 4. Liability

a) BCS does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or any material contained therein (the “Material”) results in the need for servicing or replacing equipment or data, BCS is not responsible or liable for those costs. BCS does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of BCS’s reasonable control may interfere with operation of the Website. The Website contains links to third-party Websites. These links are provided solely as a convenience to you and not as an endorsement by BCS of the content on such third party Websites. BCS is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk.

(b)  The Website and the Material are provided on an ‘as is’ basis without any warranties of any kind.  To the fullest extent permitted by law, BCS disclaims all warranties, including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose. BCS makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Material, content, services and links. Use of the Website is at your own risk.

(c)  In no event shall BCS, its affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not BCS or such other parties are advised of the possibility of such damages. In no event shall BCS or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content.

(d)  Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.

Section 5. Indemnity and Release
(a) As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold BCS, and its officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the “Indemnified Parties”) harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of the use of the Website or any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.

(b) If you have a dispute involving the Website with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Section 6.  Registered User Account

Users may register and create a personal account. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. BCS does not retain liability or responsibility for such use. By registering, you are acknowledging that you are 18 years or older.

Section 7. User Submissions and Restrictions on Content

(a) All remarks, suggestions, idea, graphics, comments or other information you send to BCS through the Website becomes and remains the property of BCS, even if this Agreement is terminated. You agree that any submission you make to this Website is non-confidential for all purposes.  You grant or warrant that the owner of such content has expressly granted BCS a royalty-free, perpetual, irrevocable, worldwide non exclusive 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.

(b)  The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, (iv) contains software viruses (v) impersonates any person or entity  or (vi) violates applicable laws, including without limitation, consumer protection and trade laws and regulations

Section 8. Infringement Notice

It is BCS’ policy to respond to claims of intellectual property infringement.  We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Website: aureliecormier1@gmail.com

To be effective under the DMCA, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Section 9. Disclaimer of Endorsement

Unless specifically indicated otherwise, reference in this site to any specific commercial product, process or service by trade name, trademark, and manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or approval by BCS.

Links for this Website to other sites on the World Wide Web do not constitute an endorsement from BCS. These links are provided for informational purposes only and are not owned or operated by or under the control of BCS. It is the responsibility of the user to evaluate the content and usefulness of material or information obtained from other sites.

Section 10. Jurisdiction

These Terms of Use, and the agreement they create, shall be governed by, and interpreted according to the laws of the Commonwealth of Massachusetts; and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute with BCS or in any way relating to your use of the Website.

Section 11. Monitoring Online Postings

BCS shall have the right to monitor and review the content of any discussions, chats, forums, postings, transmissions and bulletin boards, although BCS is not under legal obligation to do so. Naturally, BCS assumes no responsibility or liability arising from the content of an online posting. However, we do specifically prohibit you or any visitor from posting or transmitting any unlawful, threatening, libelous, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage what could be considered a criminal offense, give rise to civil liability or otherwise violate any law. BCS will fully cooperate with authorities or court orders requesting details of criminal postings. BCS shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on any BCS website. BCS shall have the right to remove any material that it determines to be in violation of these provisions or otherwise objectionable. In addition, children 12 and under are not authorized to post messages or participate in Forums on the Website unless the site has been specifically designed for them and all appropriate parental notification and approval devices have been complied with fully.Section 12. Questions

If you have any questions about these Terms of Use, please contact us at aureliecormier1@gmail.com

Reviewed February 2014

 

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