TERMS AND CONDITIONS OF USE

Effective Date: 6/11/2015

Welcome to Cancer: The Teacher, a website offering unique, personal opinions about fighting cancer. The Website will post videos and display other content created by Laura Rennard that reflect her own battle with cancer. Laura hopes that by sharing her story with you, she can make your life a little better, and if you too are fighting cancer, your fight a little easier. Other cancer survivors may also share their stories as a way of further spreading Laura’s messages of support.

Cancer: The Teacher and its associated content and services (collectively “Website”) are owned by Laura Rennard (“Owner”). Owner has adopted this Terms of Use Agreement (“Agreement”) to notify you of your rights and duties while using the Website.

THIS AGREEMENT IS A LEGALLY BINDING CONTRACT AND YOU HAVE A DUTY TO READ THIS AGREEMENT BEFORE USING THE WEBSITE. THROUGH YOUR USE OF THE WEBSITE YOU MANIFEST YOUR ASSENT TO THE TERMS AND CONDITIONS CONTAINED WITHIN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE WEBSITE.

OWNER RESERVES THE RIGHT TO SUSPEND, REPLACE, MODIFY, AMEND, OR TERMINATE THIS AGREEMENT AT ANY TIME AND WITHIN ITS SOLE AND ABSOLUTE DISCRETION. IN THE EVENT OWNER REPLACES, MODIFIES, OR AMENDS THIS AGREEMENT, YOUR CONTINUED USE OF THE WEBSITE AFTER A CHANGE IN THE EFFECTIVE DATE ABOVE WILL CONSTITUTE YOUR MANIFESTATION OF ASSENT TO AND AGREEMENT WITH ANY REPLACEMENT, MODIFICATION, OR AMENDMENT CONTAINED WITHIN THIS AGREEMENT.

  1. User Warranties

By using the Website, you warrant that you are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you have actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity and bind that third party or business entity to the terms of this Agreement.

You warrant that your use of the Website does not violate any law, regulation, ordinance, statute, or treaty that is applicable to individuals or business entities located in the jurisdiction in which you live. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.

  1. The Website Does Not Provide Medical Advice

The content of the Website, including, but not limited to, text, graphics, images, videos, and information presented on the Website (“Content”) is 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 read, heard, or watched on the Website.

If you think you have a medical emergency, call your doctor or 911 immediately.

The Website does not endorse any specific physician, tests, products, procedures, or other information that may be featured on the Website. Reliance on any of the information or persons featured on the Website is at your own risk.

Any medical information provided by users of the Website or other third parties is similarly for informational purposes only. Reliance on advice provided by users or third parties is at your own risk.

Please be warned that the Content on the Website may sometimes be graphic and/or sexual in nature. Any such Content is provided for medical purposes and should not be perceived as intentionally lewd or salacious. You view this Content at your own risk.

  1. Personal Representations

Some of the content on the Website includes named individuals. Whenever possible, Owner has attempted to protect the privacy of those individuals by creating a pseudonym for them. Owner does not intend these pseudonyms to represent a legal entity, and any instance where an Owner-created pseudonym does identify a legal person is unintentional. If your name appears somewhere on the Website and you would like it REMOVED, please contact Owner immediately at: Enter Email.

  1. Limited License

You acknowledge and agree that the Website is the property of, or is licensed by, Owner and is protected under United States and international law, including, but not limited to, intellectual property laws and other personal and proprietary rights. You acknowledge and agree that your use of the Website is limited by the license granted under the terms of this Agreement, and you expressly agree that you will not use the Website in any manner not expressly authorized under the terms of this Agreement. Owner reserves all of its rights not expressly granted through this Agreement.

Owner provides you with limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website. Additionally, you are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Website, whether in whole or in part, without the prior written consent of Owner. The foregoing prohibition on crawling or aggregating does not apply to search engines that appropriately comply with Owner robots.txt file.

This license is revocable at any time, and any rights not expressly granted herein are reserved to Owner.

  1. Communications with the Website or Owner

The Website allows users to message, through email or otherwise, the Website and Owner with questions or concerns. Please be aware that submission of a message does not guarantee a response. Any response you may receive does not contain medical advice and should not be relied upon as medical knowledge. If your message seeks medical advice or treatment options, the Website and Owner will be unable to respond. You contact the Website at your own risk and you agree not to hold Owner liable for any response you may receive.

  1. Acceptable Use Policy

You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website. You are also prohibited from using the Website to transmit unsolicited commercial emails to third parties or users of the Website, obtaining or mining the personal data of third parties or users of the Website, harassing or defaming third parties or users of the Website, posting obscene, sexually explicit, or pornographic content to the Website, or using the Website to promote bodily harm or emotional distress to third parties or users of the Website.

  1. Privacy Policy

Owner hereby incorporates its Privacy Policy by reference as if fully restated herein.

  1. Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by Owner, are common law or registered trademarks owned by or licensed to Owner. You are expressly prohibited from using the trademarks of Owner to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are further prohibited from using the trademarks of Owner in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

  1. Copyright Policy

You acknowledge and agree that the Website is an interactive computer service as those terms are defined under Section 230 of the Communications Decency Act. Company will not be considered a speaker or publisher of any information provided by a third party to the Website, regardless of whether Company chooses to remove, suspend, change, or amend such information.

The Website is copyright 2015 Owner. Owner will expeditiously respond to all duly issued notifications of copyright infringement that are sent to Owner’s designated copyright agent pursuant to 17 U.S.C. § 512.

All notices of copyright infringement must contain the following:

  1. The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Specific identification of the copyrighted works alleged to have been infringed;
  3. The location of the copyrighted works on the Website;
  4. The contact information of the notifying person(s) or entity, such as an address, telephone number, fax number, or email address;
  5. A statement that the notifying person(s) or entity has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that the notifying person(s) or entity is authorized to act on behalf of the copyright owner.

Upon receipt of a notice of infringement, Owner will undertake reasonable steps to contact the poster of the allegedly infringing content so that the poster may issue a counter-notification. All counter-notifications must contain the following:

  1. Identification of the specific materials that have been removed from the Website;
  2. The contact information of the notifying person(s) or entity, such as an address, telephone, fax number, or email address;
  3. A statement, under penalty of perjury, that the notifying person(s) or entity has a good faith belief that the content was removed as a result of mistake or misidentification;
  4. A statement that the notifying person(s) or entity has consent to the jurisdiction of the federal district court in which the notifying person(s) or entity address is located or, if outside of the United States, that the notifying person(s) or entity has consent to the jurisdiction of the federal courts where your service provider is located;
  5. A statement that the notifying person(s) or entity will accept service of process from the notified party; and
  6. The notifying person’s(s) or entity’s physical or electronic signature.

All notices of infringement and counter-notifications may be sent to [insert email you’d like to use here].

  1. User-Generated Content

The Website may provide you with the ability to upload or transmit user-generated content to or through the Website, including, but not limited to, text, comments, photographs, images, videos, audio files, profile information, name, likeness, advertisements, listings, information, and designs (collectively “User-Generated Content”). Except as otherwise provided herein, you own all rights in and to your User-Generated Content.

By submitting User-Generated Content to the Website, you grant Owner a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your User-Generated Content for the customary and intended purposes of the Website. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User-Generated Content across the world, whether you have or have not asserted moral rights in or to your User-Generated Content. By submitting User-Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User-Generated Content submitted.

You warrant that any User-Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international. Owner retains the right to remove any User-Generated content from the Website for any reason, with or without notice.

Communications in public areas of the Website are not private. You acknowledge and agree that all messages or content posted by you or others in any public area which may be provided on the Website shall be deemed to be readily accessible to the general public and consequently should not be considered private, confidential, or proprietary. Consequently, you should not use the Website for any communication which you intend only you and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Website can and may be read by the operators of the Website, whether or not they are the intended recipient(s).

Owner does not endorse or warrant in any way any products, procedures, medications, physicians, companies or other entities provided by users. Owner has provided public areas for DISCUSSION and informational use only, and does not warrant any user-generated content. By using the Website, you agree not to hold Owner liable for any injury or damages that occur from relying on user-generated content.

  1. Registered User Accounts

You may have the opportunity to register an account (“User Account”). You may only use your User Account and you are expressly prohibited from providing additional parties with access to your User Account. You agree that, in registering a User Account, you will provide the Website with accurate, compete, relevant, and current information. You are solely responsible for maintaining the security and confidentiality of your username and password and for any access to your User Account, whether authorized or unauthorized. In the event your User Account is accessed without your authorization, you agree to immediately provide notice to Owner. By creating a User Account, you agree that Owner may contact you by any available means, including, but not limited to, by email.

Owner reserves the right to accept, reject, modify, suspend, or delete any User Account at any time within its sole and absolute discretion. Please see our Privacy Policy for details regarding the handling of your personal and personally identifiable information contained within your User Account.

  1. Third-Party Links

You acknowledge and agree that the Website may contain links to third-party websites or content that Owner does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that Owner will not be responsible for websites not under the ownership or control of Owner. Owner specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.

Owner does not endorse or warrant in any way any products, procedures, medications, physicians, companies or other entities linked to the Website. Owner has provided such links for informational use only, and does not warrant these links. By using the Website, you agree not to hold Owner liable for any injury or damages that occur from accessing third party links.

  1. Advertisements

Any advertisements featured on the Website are provided by third parties and do not necessarily represent the views of the Website or Owner. Owner does not expressly or implicitly endorse or warrant such advertisements. Clicking on an advertisement may lead you to another website, and you do so at your own risk. You should check any website you are redirected to for its own Terms of Use Agreement and read that agreement thoroughly.

  1. Term and Termination

The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) Owner terminates your access to the Website; or (ii) you cease using the Website. Owner reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.

  1. Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT OWNER WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. VOID WHERE PROHIBITED.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Owner from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Owner will not provide you with the ability to control Owner’s defense, and Owner reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

  1. Arbitration

YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN THE STATE OF CALIFORNIA AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN THE STATE OF CALIFORNIA FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN THE STATE OF CALIFORNIA THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.

  1. Force Majeure

Owner will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond Owner’s control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.

  1. Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend Owner.

  1. Severability

In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.

  1. Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

  1. Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. Owner reserves the right to assign its rights and duties under this Agreement, including in a sale of Owner or its Website.

  1. Waiver

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged.

  1. Integration

This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.

 

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