Terms of Use

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DISCLAIMER AND TERMS OF USE

READ THE FOLLOWING CAREFULLY. THE FOLLOWING SETS FORTH THE TERMS BYWHICH YOU ARE PROVIDED WITH ACCESS TO OUR SITE. USING THIS WEB SITEINDICATES YOUR ACCEPTANCE OF THE FOLLOWING IN ITS ENTIRETY.

Welcome to our Site! The information and materials provided by Cancerand Careers on or through this web site (the “Site”),particularly any information regarding specific medical or legalissues, is presented for lawful, informational and educationalpurposes only, subject to the terms and conditions of this agreement(“Agreement”).

The Site is Not a Substitute for Competent Medical or Legal Advice

The Site may make available certain information provided by ororiginating from third parties, including information related tovarious medical developments, conditions and treatments or your legalrights or remedies. Information provided should not be used as areplacement for professional advice; CANCER AND CAREERS STRONGLYSUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT MEDICAL OR LEGALPROFESSIONAL REGARDING ANY SPECIFIC HEALTH SITUATION OR LEGALQUESTION.

Linking. Cancer and Careers makes no warranties, express orimplied, regarding the materials, information, content, products orservices provided via any site to which the Site links (each, a“Linked Site”). Links are provided solely as a convenienceto you, and your use of the Linked Sites shall be governed by theterms and agreements applicable to use of such sites. Inclusion ofany link shall not be construed as an endorsement or approval of anyLinked Site or any of its contents. By providing links, Cancer andCareers does not certify the accuracy or completeness of theinformation provided by the Linked Site. Cancer and Careers disclaimsany liability for links: (1) from another web site to Cancer andCareers; and (2) to another web site from Cancer and Careers.

Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THESITE, INCLUDING ALL OF THE INFORMATION AVAILABLE ON OR THROUGH THESITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASISWITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. CANCER ANDCAREERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ORNON-INFRINGEMENT. RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGHTHE SITE IS AT YOUR SOLE RISK.

CANCER AND CAREERS DOES NOT WARRANT THE ACCURACY, USEFULNESS,RELIABILITY, TIMELINESS, LEGALITY, OR COMPLETENESS OF ANY OF THEINFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE. CANCER ANDCAREERS ALSO DOES NOT WARRANT THAT THE SITE WILL OPERATE FREE FROMINTERRUPTION, DELAY IN TRANSMISSION, VIRUSES, ERRORS, OMISSIONS ORDEFECTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED.

Limitation of Liability. IN NO EVENT SHALL CANCER AND CAREERS(INCLUDING OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUBSIDIARIES,PARENT AND AFFILIATED COMPANIES) BE LIABLE FOR ANY INDIRECT, SPECIAL,INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (HOWEVERARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITHTHE SITE (OR ANY PART THEREOF) OR THIS AGREEMENT, EVEN IF ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OFCANCER AND CAREERS TO YOU IN ANY CIRCUMSTANCE SHALL BE LIMITED TOYOUR DIRECT DAMAGES NOT TO EXCEED THE LESSER OF (A) THE AMOUNT OFFEES YOU PAY TO US IN CONNECTION WITH USE OF THE SITE, OR (B) $250.YOU AGREE THAT THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOU PAYNO FEES TO US.

In the event of a dispute between you and any third party (e.g., athird party source of information available via the Site, such as theprovider of a Linked Site), you release Cancer and Careers (includingour agents, employees, officers, directors, subsidiaries, andaffiliates) from all claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, suspectedand unsuspected, disclosed or undisclosed, arising out of or in anyway connected with such disputes. If you are a California resident,you waive California Civil Code §1542, which says: “A generalrelease does not extend to claims which the creditor does not know orsuspect to exist in his favor at the time of executing the release,which if known by him must have materially affected his settlementwith the debtor.”

Intellectual Property and Infringement Issues. Cancer andCareers reserves the right to remove or disable access to any contentor other materials that violate or allegedly infringe on a party’scopyright or other intellectual property rights. If you believe thatyour materials have been copied in a way that constitutes copyrightinfringement, please send an e-mail or written notice to ourdesignated agent for notices of infringement and provide thefollowing information:

(a) An electronic or physical signature of the person authorized toact on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has beeninfringed;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that thedisputed use is not authorized by the copyright owner, its agent, orthe law; and

(f) A statement by you, made under penalty of perjury, that the aboveinformation in your notice is accurate and that you are the copyrightowner or authorized to act on the copyright owner’s behalf.

Our designated agent for notice for claims of copyright infringementon the Site is Kate Sweeney who can be reached as follows:

Cancer and Careers

Attn: Kate Sweeney

286 Madison Avenue, Suite 1900

New York, NY 10017

212-685-5955 ext. 15

ksweeney@cew.org

The other content and materials included on this Site are ourproperty or the property of our suppliers/licensors, and areprotected by U.S. and international copyright, trademark and otherproprietary rights and intellectual property rights laws. Except tothe minimum extent otherwise expressly permitted under copyright law,no copying, modification, redistribution, transmission, display,publication, performance or commercial exploitation of material fromthis Site is permitted without our express-written permission and thepermission of any other applicable copyright owner. No part of anycontent or materials included on this Site may be reproduced in anyform or incorporated into any information retrieval system,electronic or mechanical, other than for your personal use (but notfor resale or redistribution). You acknowledge that you do notacquire any ownership rights by virtue of downloading copyrightedmaterial from this Site. All rights not expressly granted hereunderare expressly reserved by us.

The compilation of content, including postings as well as links toother Internet resources (and the descriptions of those resources),contained within or made available via this Site are our copyrightedmaterials. Use of spiders, data mining tools, robots and similardata gathering and extraction tools is expressly prohibited, exceptby publicly available Internet search engine portals solely forpurposes of indexing this Site.

Registration. In order to access certain features of thisSite you may be required to register and obtain a unique username andpassword. In connection with any such registration, you agree to:(a) provide true, accurate, current and complete information aboutyourself as prompted by the registration form; and (b) maintain andpromptly update such information to keep it true, accurate, currentand complete. If you provide any information that is untrue,inaccurate, not current or incomplete, Cancer and Careers has theright to suspend or terminate your account and refuse any and allcurrent and future use of this Site or any portion hereof.

You are solely responsible for maintaining the strict confidentialityof your username and password and for any charges, costs, expenses,damages, liabilities and losses you or Cancer and Careers incur ormay suffer as a result of your failure to do so. Furthermore, youare entirely responsible for any and all activities that occur underyour username and password and for ensuring that use of your accountcomplies fully with these Terms of Use. To reduce the risk thatothers will gain unauthorized access to your account, you must ensurethat you "log out" from your account at the end of eachsession. You further agree to immediately notify Cancer and Careersof any unauthorized use of your account or any other breach ofsecurity. You may not use anyone else's account, at any time,without the permission of the account holder.

User Postings. To the extent that portions of this Siteprovide users an opportunity to post and/or exchange information,ideas, opinions, photographs, images, video, creative works, messagesor any other material (individually and collectively, "Postings"),please be advised that Postings do not necessarily reflect the viewsof Cancer and Careers. In no event shall Cancer and Careers assumeor have any responsibility or liability for any Postings or for anyclaims, damages or losses resulting from their use and/or appearanceon this Site.

Responsibility for Postings lies with each user – you alone areresponsible for the content of your Postings and the consequences ofany such Postings. By submitting a Posting, you represent andwarrant that you have all necessary rights in and to all Postings youprovide and all information they contain and that such Postings shallnot infringe any proprietary or other rights of third parties orcontain any libelous, tortious or otherwise unlawful information. Ifyour Posting incorporates the name, voice, likeness and/or image ofany individual and/or any third party-owned content, including butnot limited to text, graphics, software, music, sound, photographs,videos, messages, posts, data, information or other material, yourepresent and warrant that you have the right to grant Cancer andCareers and other users permission to use such name, voice, likenessand/or image of such individual and/or such third party-owned contentappearing in the Posting in all media throughout the world inperpetuity.

By submitting a Posting, you hereby authorize Cancer and Careers andother users to use, reproduce, modify and distribute your Postings,in whole or in part, throughout the universe in perpetuity in any andall media, now known or hereafter devised, either alone or togetheror as part of other material of any kind or nature. Without limitingthe foregoing, Cancer and Careers will have the right to use,copy, display, perform, distribute, adapt, modify and re-format thePostings in any manner that Cancer and Careers may determine in itssole discretion.

Cancer and Careers reserves the right (but is under no obligation) tomonitor and screen Postings and sweep its message boards and otherareas of this Site periodically in its sole discretion. Cancer andCareers also reserves the right to edit, refuse to post, remove orblock access to any Postings, including but not limited to anyPostings that violate these Terms of Use or that are otherwiseobjectionable as determined by Cancer and Careers in its solediscretion, but Cancer and Careers is not responsible for any failureor delay in removing or blocking access to any such Postings. Thatsaid, Cancer and Careers is most often a passive conduit of theinformation that you and other users submit.

Without limiting the foregoing, you expressly acknowledge and agreethat Cancer and Careers may preserve Postings and may also disclosePostings if required to do so by law or in the good faith belief thatsuch preservation or disclosure is reasonably necessary to: (a)comply with legal process; (b) enforce these Terms of Use; (c)respond to claims that any Postings violate the rights of thirdparties; or (d) protect the rights, property or personal safety ofCancer and Careers, its affiliates, suppliers, users or the public.

Miscellaneous. Cancer and Careers operates and maintains theSite from within the State of New York, USA. Cancer and Careersmakes no representation that the Site or any content on or accessedthrough the Site is appropriate or available for use in locationsother than the United States of America. You are responsible forcompliance with all local laws and regulations pertaining to youraccess to and use of the Site, as applicable, including but notlimited to all applicable laws regulating online conduct and content.

This Agreement shall be interpreted under the laws of the State ofNew York, without giving effect to principles of conflict of laws. Ifany provision of this Agreement is held by a court of competentjurisdiction or authorized arbitral body to be contrary to law, thensuch provision(s) shall be construed, as nearly as possible, toreflect the intentions of the parties consistent with applicable lawwith the other provisions remaining in full force and effect. Beforeseeking legal recourse for any harm you believe you have sufferedfrom your access to the Site, you will give Cancer and Careerswritten notice specifying the harm and thirty (30) days to cure theharm after providing such notice.

You agree that any controversy, claim or dispute arising out of orrelating to your use of the Site, including any claims under federal,state, or local law, shall be resolved by arbitration in the State ofNew York in accordance with the then-current Commercial Rules of theAmerican Arbitration Association. Any such controversy or claim shallbe arbitrated on an individual basis, and shall not be consolidatedin any arbitration with any claim or controversy of any other party.Any cause of action initiated by you must be filed within one (1)year after the claim or cause of action has arisen or it will bebarred.

The Cancer and Careers reserves the right to modify, terminate ordiscontinue the Site (or any part of the Site) at any time, with orwithout notice, for any reason. In no event will Cancer and Careershave any liability whatsoever for doing so.

Privacy

Please review our Privacy Policy, which is incorporated hereinby reference, for disclosures relating to our collection and use ofinformation about you.

Contact Us

If you have any questions, suggestions or complaints about the Siteor this Agreement, please contact us at Cancer and Careers, 286Madison Avenue, Suite 1900, New York, NY 10017; 212-685-5955;cancerandcareers@cew.org.