Terms of Use

Acceptance of Terms

The Breastcancer.org web site (the “Web Site”) is an online information and communications service provided by Breastcancer.org (also referred to as “we” and “us”). Breastcancer.org is designed to be a website for a thriving community concerned about breast cancer, and a comfortable place for visitors to find information, emotional support and share experiences.

Your use of the Breastcancer.org Web Site is conditioned upon your continued acceptance of and compliance with our Terms of Use, which include our Rules of Conduct. Please take the time to familiarize yourself with these important Terms. Breastcancer.org may change these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using it.

Proprietary Rights and Limitations on Use.

This Web Site contains proprietary material which may include but shall not be limited to text, graphics, images, photos, audio, video, data, sound and software ("Content"). All Content is the property of Breastcancer.org, its licensors or others, and is protected by U.S. and international copyright and other intellectual property laws and treaties. This Web Site and the Content may be used by you only for your personal and non-commercial use. Except as provided below, you agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Content from the Web Site.

You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of the Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear at the Web Site, the original source attribution, and the phrase "Used with permission from Breastcancer.org." However, you may not post any Content from Breastcancer.org to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of Breastcancer.org. In addition, you agree not to use any of the trademarks that appear on this Web Site in any way, including use as metatags on other web sites.

NOTE: This Web Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest to the community concerned about breast cancer. You acknowledge and agree that these views, opinions and recommendations are not a substitute for professional medical advice, diagnosis or treatment. You should always seek the assistance of a medical or other healthcare professional for medical and other health matters.

Links to Third Party Sites.

As a convenience to you, this Web Site contains links to web sites operated by persons or entities other than Breastcancer.org. A link from Breastcancer.org to another web site does not imply or mean that Breastcancer.org endorses the content on that web site or the operators or the operations of that web site. Breastcancer.org does not review and specifically disclaims responsibility for materials posted or activities that occur on linked sites. You are solely responsible for determining the extent to which you use any content at any web sites to which you link from Breastcancer.org, and you agree not to hold Breastcancer.org responsible for the content or operation of such web sites.

Transactions with This and Other Web Sites

If you wish to make purchases through this Web Site or a web site, such as Amazon.com, operated by a person or entity other than Breastcancer.org, you may be asked by the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Breastcancer.org liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or operator from which you are making the purchase. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. You are reminded that third party sites are separate from Breastcancer.org, subject to their own policies and terms, including privacy policies.

E-MAIL

We will have no responsibility or liability for the deletion of or failure to post or store any e-mail or other communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Web Site or any of the services or resources available here. You may not transmit to this Web Site e-mail that includes false or misleading information in the return address or in the subject line.

REGISTRATION

Some services and resources at this Web Site are available only those who register. Registrants must be eighteen (18) years of age or older. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current. Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.

Online Communications.

In addition to e-mail, which is available to all visitors, registered users may participate in online communications through Discussion Boards, Chat Rooms and such other online communication services as Breastcancer.org may offer in the future. Online communications may or may not occur in real time. Breastcancer.org disclaims any duty but reserves the right to monitor online communications and to edit, abridge or remove content that Breastcancer.org, in its sole discretion, determines to be harmful, offensive, unlawful or otherwise in violation of these Terms of Use. Breastcancer.org does not guarantee that it will post every message submitted, and reserves the right to disclose any message submitted as necessary to satisfy applicable law, regulation, legal process or governmental request. By posting an e-mail or other message, uploading a file, or engaging in any other form of communication to or through this Web Site, you represent and warrant that you are the owner of such communications or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. In addition, you grant Breastcancer.org a perpetual, exclusive, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications, you recognize that your communications will be accessible to other registered users, and you waive all rights to any claim against Breastcancer.org for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with your communications.

Breastcancer.org does not endorse, and specifically disclaims any responsibility or liability for any opinion, statement, information or material displayed or distributed through this Web Site by parties other than Breastcancer.org, whether a topic is first selected by Breastcancer.org or a user. You acknowledge that by using this Web Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Web Site and your reliance upon any such third party information or material is at your own risk.

Rules of Conduct

You agree to abide by the following rules, and all administrative and moderator decisions, in your online communications with or through Breastcancer.org, and you acknowledge that we may suspend or terminate your access to online communications in our sole discretion:

• You represent that you are a breast cancer survivor or support person.
• You agree to introduce yourself, greet newcomers and make them feel welcome, and to remain respectful in all interactions. You agree that if you find yourself at odds with another registered user, you will (i) use the “ignore” button, (ii) not respond to an offending communication or (iii) report the communication to a moderator via e-mail or the “Report This Post” feature (but will use this feature only to report communications that are truly offensive, not those which simply reflect a view different from your own).
• You agree to respect differences among participants in race, religion and sexual orientation, among others. You acknowledge that Breastcancer.org respects all political and religious beliefs and agree to limit your discussion of politics and religion to their role in your physical and emotional health.
• You agree to obtain the advance written consent of Breastcancer.org prior to communicating any request for participation in research studies, school projects, polls or organizational events.
• You agree not to communicate any personally identifiable information about any person, without his or her advance written consent, and not to provide your own address except through the Private Messaging function.
• You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or participate in deliberate, repeated, hostile behavior ("cyberbullying"). You agree not to post messages that contain material that is inappropriate, unlawful, hateful, profane, hostile, disruptive, defamatory, obscene, pornographic, hostile, or indecent.
• You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity and not to use more than one user name at a time.
• You acknowledge that all members are permitted only one verified member identification, and that operating multiple accounts, even with unique email addresses, or a unique computer, is not permitted. If a user is banned from the Discussion Boards, s/he is prohibited from re-registering under a different account. Breastcancer.org reserves the right to delete additional member accounts. You acknowledge that the use of false registration information or creating multiple accounts on the Breastcancer.org site may result in permanent suspension of all associated registrations without notice.
• You agree not to violate the intellectual property rights of others, and you agree not to post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
• You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect the operation of another's computer hardware, software or data.
• You agree not to advertise or promote any goods or services or solicit anyone to buy or sell goods or services, or to make donations of any kind, without our express written approval. "Junk mail", "spamming", "chain letters, "pyramid schemes" and similar activities are strictly prohibited.
• You acknowledge that Breastcancer.org is not in a position to assist those contemplating suicide or self-injury. If you are having thoughts of either, please seek immediate, professional assistance. You may call 911 (or, if not in the United States, the comparable emergency number in your country) or visit a hospital emergency room, or call the National Suicide Prevention Hotline at 800-273-TALK (800-273-8255).
• You agree not to violate any applicable local, state, national or international law in your use of this Web Site.

Interactions With Others.

You are solely responsible for your interactions, both on-line and off-line, with other visitors to this Web Site, and with persons you meet through such visitors. You understand and acknowledge that we do not screen registrants, inquire into their backgrounds or attempt to verify the information they provide. In all interactions, whether on-line or off-line, with other visitors to this Web Site and with persons you meet through them, you agree to take all precautions necessary to protect yourself, your property and your personal, health and financial information. IN NO EVENT WILL BREASTCANCER.ORG BE LIABLE FOR AND YOU AGREE TO RELEASE US FROM LIABILITY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEB SITE, INCLUDING WITHOUT LIMITATION, DAMAGE TO OR LOSS OF PROPERTY, EMOTIONAL DISTRESS, BODILY INJURY OR DEATH RESULTING FROM YOUR COMMUNICATIONS OR OTHER CONTACT, WHETHER ON-LINE OR OFF-LINE, WITH VISITORS TO THIS WEB SITE, OR PERSONS YOU MEET THROUGH SUCH VISITORS.

Copyright Infringement.

We expect users of this Web Site to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a U.S. copyright you own has been posted on this Web Site without authorization, you may notify our copyright agent, and provide the following information:

1. A physical or electronic signature of the person authorized to act on behalf of the copyright owner
2. Identification of the copyrighted work or works claimed to have been infringed
3. A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears,
4. Your name, mailing address, telephone number and e-mail address
5. A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law
6. A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
   
   Our copyright agent can be reached at:
   
   Ms Hope Wohl
   Breastcancer.org
   7 East Lancaster Avenue, 3rd Floor
   Ardmore, PA 19003
   
   Fax: 610.642.6559
   E-mail: comments@breastcancer.org

Disclaimer of Warranties and Limitation of Liability.

DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, ERRORS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT AND THE WEB SITE. THE CONTENT AND THE WEBSITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. USE OF OR RELIANCE ON THE CONTENT AND GRAPHICS AT THIS WEB SITE IS AT THE USER'S OWN RISK. BREASTCANCER.ORG AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR OF THE WEB SITE ITSELF, AND BREASTCANCER.ORG HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.

NEITHER BREASTCANCER.ORG NOR ANY OF ITS AFFILIATES, PARTNERS, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FROM USE OF THE WEB SITE AND/OR ANY CONTENT AT THE WEB SITE. IN NO EVENT WILL BREASTCANCER.ORG OR ITS AFFILIATES, PARTNERS, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. BREASTCANCER.ORG AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), EVEN IF ADVISED OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification.

YOU AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS BREASTCANCER.ORG, ITS AFFILIATES AND PARTNERS, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH FROM ANY CLAIMS, DAMAGES, LOSSES, EXPENSES OR COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) THAT ARISE OUT OF YOUR USE OF THIS WEB SITE, YOUR VIOLATION OF THESE TERMS OF USE, THE UNAUTHORIZED USE OF YOUR USER NAME OR PASSWORD, ANY MATERIAL YOU ACCESS, DOWNLOAD, SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THIS WEB SITE, OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.

Additional Terms.

These Terms of Use, together with out Privacy Statement, constitute the entire agreement between you and Breastcancer.org and supersede any prior or contemporaneous representations or agreements. All rights not expressly granted to you by these Terms of use are reserved to us. These Terms of Use and your rights and obligations shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflict of laws. You expressly agree that any legal proceeding between Breastcancer.org and you concerning your use of Breastcancer.org, these Terms of Use or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction in Montgomery County, Pennsylvania, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. You further agree that Breastcancer.org's failure to enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.