This World Wide Web site with its home page in the domain "cancer.org" (the "Website") is a complimentary information and community service offered by the American Cancer Society, Inc. ("ACS") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Your registration to American Cancer Society Cancer Survivors Network represents that you have read and accepted the terms of this User Agreement. ACS reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Do no use the Website if you do not agree to all of the following terms and conditions.
You acknowledge that the information on the Website is provided "AS IS" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. ACS MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
You agree that you will hold harmless ACS and its volunteers, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will ACS or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that opinions and recommendations contained in this Website are not necessarily those of the ACS or endorsed by ACS.
No reproduction of content
Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided on the American Cancer Society Web service and the American Cancer Society Cancer Survivors Network service (collectively, the “Service”) (including the underlying code that constitutes the Service), or sell, resell or redistribute any software downloaded from the Service, without obtaining the express, prior written consent of ACS. This restriction includes any attempt to incorporate the information contained in the Service into any e-mail or other "white pages" directory. Such information includes the names, e-mail addresses and other personal information provided by the Members of The Cancer Survivors Network and any other Users of the Service.
No use of automated information compilers
Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by ACS.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of The Cancer Survivors Network site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.
No solicitation or "spam"
Each User agrees not to use the Service or the information provided in the Service to solicit any person listed therein or to send "junk mail" or "spam" to any such person. Further, each User agrees not to sponsor or list as a contact any person they do not know, any person who has explicitly informed the User that they do not wish to participate in the Service, any other person who the User knows would be offended or annoyed by being asked to participate in the Service. Additionally, User agrees not to disclose personal information or identifiers about other persons which violates their privacy or confidence.
No harassment or objectionable use of the Service, or interference with others' use of the Service
Each User agrees not to harass, threaten or make any other objectionable communication with any person who is part of The Cancer Survivors Network Service or in the Service and further agrees to cease such conduct at the request of either ACS, the person to whom the conduct is targeted, or applicable government authorities.
Each User shall use the Service solely for lawful purposes. No User shall promote or contribute to the delinquency of a minor or solicit a minor in any way through use of the Service.
Each User agrees that he or she is 18 years of age or older. Users under the age of 18 years agree not to use the Service.
No User shall engage in any conduct that, as determined in ACS's sole and absolute discretion, inhibits any other User from using or enjoying the Service.
Provision of truthful and accurate material
Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User's knowledge. Each User agrees not to identify him- or herself with an alias and, where applicable, each User agrees to provide the User's own name and other personal information. Users agree not to misrepresent themselves when using this service.
No defamatory, objectionable or infringing material
A User shall not post, provide or otherwise make available any material of any sort (including member information, such as names and usernames, postings and other publicly viewable information) that:
(a) is defamatory or libelous or would violate or infringe in any way upon the rights of others,
(b) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without the express permission of the owner of such right,
(c) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, or would give rise to criminal or civil liability of any kind whatsoever,
(d) is illegal or promotes illegal activity,
(e) is deliberately false or misleading,
(f) is rude, demeaning, crass, insulting, indecent, pornographic, obscene, objectionable or offensive,
(g) promotes bigotry, racism, prejudice, discrimination, or hatred,
(h) is threatening or abusive or promotes emotional, psychological, or physical harm or violence against any individual or group,
(i) violates any laws regarding unfair competition, anti-discrimination or false advertising, or
(j) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No User shall advise other Users about medical care or attempt to influence their medical care decisions. Medical advice to others is strictly prohibited, regardless of a Member's medical education, credentials, or experience.
No User shall use the Service to proselytize, preach (i.e. give religious or moral instruction, especially in a tedious manner) or put another User's experience into a particular religious context or framework for the User or other Users. While such practices are common within certain social circles such as a religious affiliation or family, they may be offensive to some Users. Users who perceive that sharing a different opinion may result in conflict or challenge, understandably, may not express it in order to avoid drawing unwanted attention or to avoid dissension. The Service strives to help all Users feel accepted and respected.
ACS reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. It is impossible for ACS to know whether a posting represents a copyright or other infringement. The provider of any content is responsible for ensuring that such content does not violate any extant copyright or trademark.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service.
No commercial use of the Service
No User shall use the Service for commercial activity (other than incidental use) or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless the aspect of the Service in question explicitly endorses such use or ACS has provided its prior, written consent to use. This means there is to be no advertising or promotion for commercial purposes.
No User shall use the Service for any of the following purposes: to recruit members as participants in a research project or school assignment of any kind, to identify persons to interview for a media project of any kind, to interview members for a publication, to recruit volunteers for any service or organization, or solicit members for any other purpose. Users who wish to announce their projects on the CSN may submit an announcement request at http://csn.cancer.org/node/add/content_announcement. Recruitment of members for research or school assignments are also required to submit a copy of their research or school project proposal along with an IRB approval or exemption letter to firstname.lastname@example.org.
No User shall advise other Users about medical care or attempt to influence their medical care decisions. Members are encouraged to share their own medical experiences, but medical advice to others is strictly prohibited, regardless of a Member's medical education, credentials, or experience. The purpose of the Cancer Survivors Network is to provide a peer to peer support service; it brings people together who are personally affected by cancer but is not a medical site. While Users are encouraged to share their own personal experiences and practical tips they learned to cope with cancer, they must refrain from dispensing advice to another person about specific treatments, physicians and other care providers and treatment facilities they should or should not choose. Further, Users must not pass judgement on, disparage or directly challenge the decisions and opinions of others. Users are to be respectful of others.
No User shall use the Service to proselytize. The religious and spiritual beliefs, attitudes and opinions of Users are to be respected. No User shall disrespect another User's religious, spiritual, or non-religious practices or opinions. This includes other issues that may be related one's religious and spiritual beliefs including but not limited to lifestyle, relationships, sexual orientation and medical care.
No User shall use the Service to advise or attempt to influence other Users' political views for the purpose of campaigning for or against specific political candidates or a specific political party.
Applicability of export restrictions
Users agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
Self-protection from viruses
It is up to each User to take precautions to ensure that anything selected for personal use is free of such items as software viruses, worms, trojan horses and other items of a destructive nature.
Privacy and passwords
Upon registering to become a Member of the Service, each User shall provide a valid email address and accurate geographic information (i.e. country, state when applicable, and postal code) as well as a Username of his or her choice so long as it is not already in use by another member. Members shall understand that they are advised to select a Username which does not include any personal identifiers and that registering a Username containing personal identifiers is solely the responsibility of the Member. Members may change their Username by contacting the email@example.com.
Upon submission of a registration form, the Member will receive an email with an account activation link. The Member must click the activation link in order to complete registration an log in to the Service. Each Member is solely responsible for maintaining the confidentiality of his or her password (or modifying such password) and account. Each Member shall immediately notify ACS of any unauthorized use of the Member's account or other breach of security. ACS is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
Discontinuance of membership
Each Member is free at any time and for any reason to discontinue use of the Service and to remove from the Service any information provided by such User to ACS, upon reasonable notice thereof.
Proper and full use of the Service may require the access to, and the use of, email by the User. Failure to obtain regular and complete access to email (and, in particular, the email accounts that the User has listed with the Service), may interfere with the User's ability to use and fully enjoy the Service, and thus each User is encouraged to maintain such email access.
Violation of any of the terms and conditions contained in this Agreement will result in immediate termination of the User's right to use this service and ACS reserves the right to invoke any and all remedies available to it either in law or equity.
Copyright and related rights
Each User grants ACS and each applicable Collaborator a perpetual, irrevocable, royalty-free, non- exclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and exercise all copyright and publicity rights with respect to any content such User provides to the Service worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in this Usage Agreement. In addition, no member may seek to restrict ACS's rights to such content through the use of a statement or legend. (If any User does not wish to grant such rights to ACS, it is suggested that you do not provide such content to the Service.) Other than materials you may author and post, material may not be excerpted or copied for any other purpose without the express written consent of ACS.
No sale of information
ACS shall not sell to a non-Collaborator third party specific information that identifies a User, without the User's prior, affirmative consent.
Protection of information and limitations thereon
If so requested, ACS shall make reasonable efforts not to disclose personal information provided by a User; provided, however, that such requests must be consistent both with the aims and description of particular aspects of the Service at the time of such request and at any time in the future and also with the technical limitations and design of the Service at the time of such request and at any time in the future. To the extent that a request is inconsistent at the time of the request or at any time in the future, then ACS reserves the right not to honor such request. Further, each User acknowledges that use of the Service requires that certain minimum information about the Member be made available to all Users of the Service, and that such information shall be used consistent with the terms of the "Use of Information" provision above.
By providing information and data to the Service, each User also implicitly authorizes ACS to disclose such information and data in the good faith belief that such action is reasonably necessary
(a) to comply with the law;
(b) to comply with legal process (including by making such information available to a government agency or court if so requested, with or without the necessity of a subpoena);
(c) to enforce this Usage Agreement and the rules promulgated thereunder;
(d) to respond to claims that any content violates the rights of third parties; or
(e) to protect the interests of ACS.
Modification of Service
ACS reserves the right to modify or discontinue The Cancer Survivors Network Service at any time without prior notice to any User, and ACS shall not be liable to any User or any third party for any discontinuation of service.
Each User acknowledges that:
Copyrights: The contents and data contained in the Service constitute a compilation copyright of ACS and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of ACS. Any software that is made available for download (the "Software") is the copyright of ACS or its suppliers. Use of such Software is governed by the terms of the applicable end-user license agreement, if any. End users shall not install or use any Software that is accompanied by or includes a license agreement, unless the end user first agrees to the terms of the license agreement.
Distributor only; lack of editorial control; no endorsement of content: ACS (and each applicable Collaborator) is a distributor only (and not a publisher) of content supplied by Users to the Service (including postings to my bulletin board, and recommendations in recommendations). Accordingly, ACS (and each applicable Collaborator) has no more editorial control over such content than does a public library, bookstore or newsstand. Users are solely responsible for the content they post. ACS makes no warranties, express or implied, as to the content contained in the Service, or to the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by any User in any such content are those of such User only, and ACS neither endorses nor shall be held responsible for the reliability, accuracy or usefulness of same, nor for its merchantability or fitness for any particular purpose. ACS does not guarantee the accuracy of any information found on the Service, included information provided by ACS (such as news), and ACS disclaims any liability for any such information, or any harm it might cause.
Removal of content; right but not obligation to monitor content: ACS shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to refuse to post or to delete any information or data which ACS becomes aware of which ACS determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, pornographic, hateful, rude, abusive, disruptive, defamatory or otherwise in violation of this Usage Agreement. ACS shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to monitor the content of the Service provided by Users, in order to determine compliance with this agreement and any operating rules established by ACS, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.
Termination of access and membership accounts: ACS shall have the right, in its sole and absolute discretion, for any or no reason, with or without notice, to restrict or terminate, either temporarily or permanently, such User's use of or access to the Service, including due to any violations of the Usage Agreement.
Potential lack of resources: ACS may not have sufficient resources to respond in a timely manner to each and every request made by a User to ACS for information or help and ACS shall maintain no liability for such failure to timely respond.
Risk of interception: Any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all the User shall bear all risks associated therewith . Each User acknowledges that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that the User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.
Viewing of information for Service purposes: ACS, and its employees and agents, may view individual User information for the purposes of customer service and account maintenance.
Storage of information: ACS is not responsible for the storage, failure to store or deletion of any materials (postings, email messages or otherwise) or other User information.
ECPA: Pursuant to the Electronic Communications Privacy Act of 1986 (as amended), 18 USC 2510 et. seq., there are no facilities provided by the Service for sending or receiving private or confidential electronic communications or content. All communications and content shall be deemed to be readily accessible to the general public. The Service is not to be used for any communication for which the sender intends only the sender and the intended recipient(s) to read or view.
Each User hereby agrees to defend, indemnify and hold harmless ACS and each applicable Collaborator, their officers, directors, employees, volunteers, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's use, misuse or abuse of the Service.
Throughout this Agreement, the term "Collaborator" shall refer to any subcontractors or cancer related organizations used by ACS for web and content development, management, operations, and research.
EACH USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER ACS NOR ANY COLLABORATOR NOR ANY OTHER PARTY, INCLUDING ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME WARRANTS OR REPRESENTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, NEITHER ACS NOR ANY COLLABORATOR NOR ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME MAKES ANY WARRANTY OR REPRESENTATION AS TO
(A) THE OUTCOME OF ANY QUERY OR ANY OTHER USE OF THE SERVICE,
(B) THE VALIDITY, INTEGRITY, ACCURACY, QUALITY, CURRENTNESS, COMPLETENESS, ADEQUACY OR SUITABILITY OF ANY RESULT OR OF ANY INFORMATION CONTAINED IN THE SERVICE, OR
(C) THE SUITABILITY OF THE SERVICE FOR ALL USERS, INCLUDING CHILDREN. ACS AND, AS APPLICABLE, ANY COLLABORATOR, MAKE THE SERVICE AVAILABLE FREE OF CHARGE, ON AN "AS IS," AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
EACH USER ACKNOWLEDGES THAT NEITHER ACS NOR ANY COLLABORATOR NOR ANY PERSON INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO IN ANY WAY
(A) ANY VIOLATION BY ANY USER OF THE TERMS OF THE USAGE AGREEMENT,
(B) THE USE OF, AVAILABILITY OF, RELIANCE UPON OR INABILITY TO USE THE SERVICE,
(C) ANY ERRORS, OMISSIONS OR INACCURACIES IN THE INFORMATION CONTAINED IN THE SERVICE, OR
(D) ANY BREACH OF ANY WARRANTY, EVEN IF ACS OR ANY COLLABORATOR SHALL HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IT SHALL SOUND IN CONTRACT, TORT OR OTHERWISE.
EACH USER ACKNOWLEDGES THAT THE SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ASSOCIATED WITH THE SERVICE, SHALL BE TO TERMINATE SUCH USER'S MEMBERSHIP, IF APPLICABLE, REMOVE ANY INFORMATION PROVIDED BY THE USER TO ACS, AND DISCONTINUE FURTHER USE OF THE SERVICE.
Each User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Each User acknowledges that ACS makes no representations whatsoever about any other Web site (including that of a Collaborator) which the User may access through the Service (such as from a link or pointer contained on the Cancer Survivors Network site), and that when a User accesses a non-Cancer Survivors Network Web site, it is independent from ACS, that ACS has no control over the content on that Web site, and that ACS has no liability for any content or any actions taken on another party's Web site, including that of a Collaborator. In addition, a link to a non-Cancer Survivors Network Web site does not mean that ACS endorses or accepts any responsibility for the content or the use of such Web site. Users access such other sites at their own risk.
No advice or information, whether oral or written, obtained by a User from ACS or through the Service, shall create any warranty not expressly made herein.
None of the content provided by such User constitutes confidential communications and participation in the Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and ACS (other than the contractual relationship between ACS and such User entered into by virtue of your acceptance of this Usage Agreement).
The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.
ACS may provide links on the Website to other websites which are not under the control of ACS. In general, any website which has an address (or URL) which does not contain "cancer.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by ACS of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked "American Cancer Society," (b) the link must "point" to the URL "http://www.cancer.org" and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ACS's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than ACS is associated with or sponsored by ACS, (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website, and (f) ACS reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by ACS.
The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by ACS, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without ACS's prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of ACS.
This Website (excluding linked sites) is controlled by ACS which is headquartered in the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by accessing this Website both you and ACS agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the American Cancer Society also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County, Georgia and the United States District Court for the Northern District of Georgia with respect to such matters. ACS makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.
The marks, American Cancer Society and American Cancer Society Cancer Survivors Network are registered trademarks of the American Cancer Society, Inc.
Last Revised, October 24, 2012