Terms of Use

PLEASE READ THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY LINK, BECAUSE THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE CANCER MOVEMENT

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.

Please read these Terms of Use carefully, because, even if you do not register as a Member, by using our Site, downloading or installing any software and/or content available from or through our Site (or attempting to do any of these) you agree to be bound by and comply with these Terms of Use, which include and incorporate our Privacy Policy. When we refer to our Terms of Use, it includes our Privacy Policy.

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.

Content
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.

Some jurisdictions do not allow the disclaimer of certain types of damages or liability in whole or in part with respect to consumer agreements and although the exclusions, limitations and disclaimers in these Terms of Use shall always be construed to take full advantage of their meaning to the extent permitted by law, you should consult your own legal advisor should you wish to determine the laws and regulations that apply to you.

User Submissions
The Personal Information you submit to the Site is governed by the Site’s Privacy Policy which is incorporated into these Terms of Use and forms a part of your agreement with us. When we use the term “Personal Information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, email address, gender and any other information that would allow someone to identify you or contact you.You agree you will not send, upload or transmit any communication or content of any type to the email address listed on the "Contact Us" link that infringe or violate any rights of any party or violate these Terms of Use. By submitting or otherwise exchanging communications or content, including, without limitation, any personal or commercial information, idea, concept or invention (individually and collectively, “User Content”), you agree that such User Content will not be considered or treated as confidential and (i) you acknowledge and understand others may see, read, use or re-transmit such User Content, (ii) you explicitly represent and warrant that you are the owner of such User Content or have all rights and licenses necessary regarding such User Content and (iii) that the Cancer Movement is granted a royalty-free, perpetual, irrevocable, unrestricted world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, perform and display such User Content in any media or medium, or any form, format, or forum now known or hereafter developed. The Cancer Movement may sublicense its rights through multiple tiers of sublicenses.

Advertisements, Searches, and Third Party Links
The Site may provide links to third-party Web sites. We may also prioritize responses to search terms you enter on Site search engines and the Site may allow advertisers to respond to certain search terms with advertisements or sponsored Content. The Cancer Movement does not recommend, monitor, control or endorse any third party advertising or content, nor the content on any third-party Web sites and is not responsible for their terms of use or privacy policies or how they may treat your information. Your use of third-party Web sites is at your own risk.

Indemnification
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.

General
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.

Any terms or conditions in these Terms of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these.

Terms of Use:
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.
These Terms of Use are governed by the substantive laws of the State of Virginia, without respect to its conflict of laws principles. If any provision of these Terms of Use 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. We may modify these Terms of Use, including our Privacy Policy, at any time and although we will generally try and provide at least 30 days’ advance notice of the effective date of any material modification, if we do not provide advance notice, the modification will take effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware of the terms and conditions that apply to you.

Copyright Violations
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,
22837 Pacific Coast Hwy 
Box 390, Malibu, CA 90265

E-mail: help@cancerschmancer.org
Or call: 888-621-2001

Complete Agreement
These Terms of Use, our Privacy Policy and any other terms or conditions we notify you apply to you or any of your activities or status as a Member, constitute the entire agreement between you and the Cancer Movement regarding the Site and supersedes any and all other terms, representations, promises or discussions. Only the Cancer Movement has the authority to agree to amendments to these Terms of Use, and to be and be considered binding, any amendments must be in writing and executed by the Cancer Movement.

Questions or comments regarding this Site, including reports of non-functioning links, should be submitted to help@cancerschmancer.org or via U.S. mail to: The Cancer Movement, 22837 Pacific Coast Hwy, Box 390, Malibu, CA 90265