The Cancer Schmancer Movement (“Cancer Movement” “we”, “us” or “our”) operates a Web site and provides services from time to time on the Web site located at www.CancerSchmancer.org (the “Site”). The Site is dedicated to raising awareness about prevention and early detection of cancers, and influencing cancer healthcare reform in the United States. It provides health and lifestyle information and other resources for people at risk for or living with cancer, as well as to their caregivers, families and friends. In general, you can visit or browse the Site without telling us who you are or revealing any personally identifiable information about yourself, but you may not (a) have access to all parts of our Site, (b) be able to fully participate in our Site, (c) keep up to date with our latest activities or (d) receive our newsletter or other correspondence from us unless you register as a member (“Member”) and provide all the information that registration requires.
Information Does Not Constitute Medical Advice
The contents of our Site, including information, text and graphics and all other material contained on the Site or features and functions we make available on our Site ("Content") are for your personal information 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 anything on or associated with the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Neither we nor the Site recommends or endorses any specific tests, physicians, products, procedures, opinions, course of treatment or therapy or other information on or associated with the Site. You should never rely on our Site, Content or other Members and you should always consult your own qualified health care professional concerning your particular circumstances. Using our Site is solely at your own risk.
The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you should not use our Site.
We authorize you to view or download a single copy of the Content for your personal, non-commercial use. You must not delete or alter any copyright or other notice we place on any Content. Content is owned by us or our licensors and is protected by copyright, trademark and other laws and regulations of the United States and foreign laws. You may not use Content in any way not expressly permitted by these Terms and Conditions. If you do, your right to use the Content will automatically terminate. Content, and the Site generally, are subject to change or termination without notice. All rights not expressly granted herein are reserved.
Limitation of Warranty and Liability
The use of the Site and Content is at your own risk and are provided "as is." Transmissions over the Internet and communications networks are not in our control and can never be completely secure. Accordingly, we cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Site, including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE CANCER MOVEMENT AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE, THE SITE, OUR LICENSORS, SUPPLIERS AND CONTENT PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
If, for any reason, the Cancer Movement shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to Fifteen U.S. Dollars (USD$15.00), notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Site, Content or otherwise hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Advertisements, Searches, and Third Party Links
You agree to defend, indemnify, and hold the Cancer Movement, 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.
The Cancer Movement is based in Malibu, California in the United States of America. The Cancer Movement makes no claims that the Site, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the exclusive jurisdiction of the courts of the State of Virginia, to adjudicate and resolve any dispute with the Cancer Movement, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and Content providers or in any other way relating to the Site, including, Content or User Content.
YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A JURY TRIAL OR TO CLAIM THAT THE COMMONWEALTH OF VIRGINIA IS AN INCONVENIENT FORUM TO HEAR CLAIMS AND DISPUTES.
If you believe any materials located on the Site (e.g. Content) infringes your copyright, you may request removal of those materials from our Site by contacting our designate copyright agent (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work and where possible include a copy or the location (e.g., URL) of an authorized version.
2. Your name, address, telephone number and (if available) e-mail address.
3. A statement that you have a good faith belief that the use of the materials you notify us about is not authorized by the copyright owner, its agent or the law.
4. A statement that the information that you have supplied is accurate and that "under penalty of perjury" you are the copyright owner or are authorized to act on the copyright owner's behalf.
5. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our agent for copyright issues relating to this Site is:
The Cancer Movement
Attn: Office of Privacy
The Cancer Movement,
23823 Malibu Rd.
#311, Malibu, CA 90265
Or call: 888-621-2001
Questions or comments regarding this Site, including reports of non-functioning links, should be submitted to firstname.lastname@example.org or via U.S. mail to: The Cancer Movement, 23823 Malibu Rd., #311, Malibu, CA 90265.