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THIS DOCUMENT SETS FORTH THE TERMS OF
USE (“TERMS OF USE”) FOR THE CANCERTV.COM,
LLC (“COMPANY”)
WEBSITE WWW.CANCERTV.COM (“SITE”) AND THE INFORMATION, SERVICES AND/OR PRODUCTS
THAT MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE. PLEASE READ THESE TERMS OF USE
CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING
THE BINDING ARBITRATION PROVISIONS IN SECTION 15, AND THAT YOU ARE A LEGAL ADULT
AGE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE NOT A
LEGAL ADULT AGE 18 OR OLDER, DO NOT USE THE SITE IN ANY MANNER.
- Description of Site; Changes to Terms of Use.
“Site” encompasses this website, including all of its content and policies, any modifications, updates, enhancements, revisions,
new features and/or the addition of any new web properties. Company reserves the
right to change these Terms of Use at any time at its sole discretion. All Terms
of Use changes will be posted on the Site and are effective immediately. Consequently,
Company recommends that you visit and review these Terms of Use frequently.
- Services Offered.
- Description. Company provides or may
provide, among other things described on the Site, information, products and services,
as well as information and advertising relating to topics, products and services
offered by third parties (each a “Provider”) that may be of interest
to healthcare professionals. Company is not acting as your agent nor the agent of
any Provider. Furthermore, Company is not a party to any agreement that you may
enter into with a Provider.
- Not Recommendations. You may choose
to use or not to use the information contained on the Site and/or the services provided
through the Site and/or the information, services and/or products provided by any
Provider. Company does not recommend, advise, or prefer that you use any particular
Provider. In all cases, you should make your own judgments as to which Providers
to use, if any. Any Provider that contacts you is solely responsible for its information,
products and/or services to you, and you agree that Company shall not be liable
for any damages or costs of any type arising out of or in any way connected with
your use or purchase of any Provider’s services or products or any act or failure
to act of any Provider. Any self-reported information that you submit to Company
is a request by you for further information about services and/or products that
may be provided to you by Providers. You may have to complete an application with,
or provide other information to, a Provider before any Provider can extend any offer
to you, and Company makes no representation that any Provider will extend any offer
to you. Furthermore, Company does not guarantee that the terms, rates or prices
offered and/or made available to you by any Provider that contacts you will be the
best or lowest terms, rates or prices available in the market.
- Fees. Company currently does not charge
any fees for your access to the Site. Company receives its compensation from Providers
for advertisements, marketing and sales to Site users. Company’s compensation from
Providers may vary according to, among other things, quantity and filtering requirements.
- Information Forwarding.In the course of using the Site, you may be required
to sign up as a member of the Site and required to enter certain information or
to email certain information to Company, including personal information, e.g., to receive additional information about a certain topic or to complete a survey. You
agree to provide Company with correct information, and to promptly provide Company
with updates to such information as may be necessary or appropriate. You authorize
Company to forward your self-reported information to one or more Providers with
which Company has a contractual relationship (sometimes referred to herein as a
“Network Provider”) and to the call center that may call you to
verify your interest in a service or product that may be provided by a Provider.
You also authorize Company to use your self-reported information in the manner described
in Company’s Privacy Policy. You understand and agree that any Provider that receives
your self-reported information may keep and use that information, whether or not
you complete a transaction with the Provider.
- Site Not an Offer By Providers. Nothing
in the Site constitutes an offer, promise or otherwise, that any Provider will make
any service or product available to you for any purpose or on any specific terms.
All decisions by Providers as to whether to offer any service or product to you
are made solely by the Providers in the course of their normal business operations.
Please be aware that certain services or products may only be provided by Providers
to residents of states where the Providers are licensed and/or authorized to make
such services or product available. By acquiring your information through the Site,
participating Providers are not attempting to sell services and/or products outside
their authorized states or country.
- Site Ownership. The Site, including all text,
logos or graphic images appearing
therein, is
protected by copyright, trademark, patent, trade secret and other laws. The
Site and all Site content is the property of Company and/or its affiliates
and/or third party licensors and all right, title and interest in the Site shall
remain with such entities. You may not download and/or save a copy of any of the
Site screens for any purpose; provided, however, you may print a copy of the information
on the Site for your personal records. Nothing in these Terms of Use transfers any
rights to you or any third party except as expressly set forth herein. If you make
other use of the Site, except as otherwise provided above, you may violate copyright
and other laws of the United States and other countries, as well as applicable state
laws, and you may be subject to penalties and/or damages.
- Hyperlinks.
- Not Endorsements. A link from the Site to a non-Company website does
not mean that Company endorses or accepts any responsibility for the content, functioning,
policies or use of such website, and you enter any such website at your own risk.
It is your responsibility to take precautions to ensure that whatever websites or
other online materials that you select for use are free of viruses and other items
of a destructive nature. Company expressly disclaims any liability related
to such sites.
- Unauthorized Links. Company prohibits
unauthorized hypertext links to the Site or the framing of any content available
through the Site. Company reserves the right to
disable any unauthorized links or
frames.
- Site Use Restrictions. The Site is for your personal
and non-commercial use only. You will not (i) post on or transmit to the Site any
defamatory, libelous, obscene, pornographic, profane, threatening, infringing or
unlawful materials or any materials that could constitute or encourage conduct that
would be considered a criminal offense or give rise to civil liability, whether
under statute, common law or equitable principles, or otherwise violate any law;
(ii) modify, perform, mirror, publish, create derivative works from, transfer, sell,
lease, rent, sublicense, loan, share,
give away or donate any information obtained from the Site or portions
thereof; or (iii) use the Site in any manner that violates any applicable federal,
state, local, and/or international laws, regulations, orders, or other restrictions.
- Privacy. Please see Company’s Privacy PolicyM.
By using the Site, you consent to Company’s use and disclosure of information about
you in accordance with the Privacy
Policy without any further notice or any liability
to you or any other person.
- Use Monitoring. Company is not obligated to monitor
your or any other user’s use of the Site; such responsibility rests solely with
you. Company reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site
or modify or remove any information found on the
Site for any reason or no reason in Company’s sole judgment.
- Termination; Violation of Terms of Use. Company
reserves the right to terminate at any
time, at its sole discretion, the Site, your
use of the Site, and/or your use of Company’s services, including without limitation
for violation of these Terms of Use. Additionally, Company reserves the right to seek all remedies available for violation
of these Terms of Use, including the right to block access from a particular Internet
address to the Site.
- Password. In using the Site, you may be assigned
a password. You are responsible for maintaining the security of your password. Company
is not liable for any loss that you may suffer through the use of your password by others. You shall notify Company immediately of any unauthorized use of your
account or of any other breach of security known to you with respect to the Site.
-
Feedback is the Property of Company. To the extent permitted by applicable
law, by sending any comments or materials (collectively “Feedback”)
to Company, including without limitation questions, submissions, suggestions, ideas,
postings, comments or the like, or posting Feedback to the Site, you grant us a
perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known.
Company shall have no obligation of any kind with respect to such Feedback and shall
be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose,
display, transform, create derivative works, distribute the Feedback to others and
otherwise exploit the Feedback without limitation, in whole or in part, alone or
in conjunction with other materials, as well as the right to attempt to do so or
permit others to do so or attempt to do so. Further, Company shall be free to use
any ideas, concepts, know-how or techniques contained in such Feedback for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products incorporating any Feedback.
- Notices and Procedure for Making Claims of Copyright
Infringement. Company will investigate notices of copyright infringement and
take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. §
512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should
be submitted to Company’s designated agent using the following contact information:
Myo Thant, MD, MES, CancerTv.com 1818 Pot Spring Road, Timonium, Maryland 21093,
phone:410-560-7450; email: contact@CancerTv.com.
- Representation and Warranty Disclaimer. THE SITE
AND ALL INFORMATION ON THE SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION
ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH COMPANY, WHICH YOU MAY
VISIT THROUGH THE SITE, IS PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT
REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT
NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT;
(IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT ALL INFORMATION REGARDING PRESCRIPTION
DRUG PRODUCTS SHALL BE PROVIDED AS MAY BE REQUIRED BY GOVERNMENT REGULATIONS; (VII)
THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VIII) THAT
ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (IX) THAT THE SITE IS COMPATIBLE
WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (X) THAT ALL SERVICES OFFERED BY COMPANY WILL BE AVAILABLE IN ALL MARKETS. EFFORTS BY COMPANY TO MODIFY THE SITE
SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION
DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
- Limitation of Liability. COMPANY, ITS STOCKHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT
AND SERVICE PROVIDERS, AND PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER UNDER THESE
TERMS OF USE, AS A RESULT OF THE USE OF THE SITE AND/OR THE INFORMATION, SERVICES
AND/OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY COMPANY IN CONNECTION WITH THE SITE,
UNDER STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION ANY SUCH LOSSES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS
TO YOUR PERSONAL INFORMATION, EVEN IF COMPANY AND/OR ITS STOCKHOLDERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT AND/OR SERVICES
PROVIDERS AND/OR PARTNERS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR
WERE NEGLIGENT.
FURTHERMORE, IN NO EVENT SHALL COMPANY AND ITS STOCKHOLDERS, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, CONTENT AND SERVICES PROVIDERS
AND PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ACTIONS, DAMAGES, CLAIMS,
LIABILITIES, COSTS, EXPENSES OR LOSSES IN ANY WAY ARISING OUT OF OR RELATED TO THE
SITE, YOUR USE OF THE SITE AND/OR THE INFORMATION, SERVICES AND/OR PRODUCTS THAT
MAY BE PROVIDED TO YOU BY COMPANY IN CONNECTION WITH THE SITE FOR AN AGGREGATE AMOUNT
IN EXCESS OF THE VALUE OF THE SERVICES AND/OR PRODUCTS SERVICES PROVIDED TO YOU
BY COMPANY.
THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE,
CLAIM, LIABILITY, COST, EXPENSE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE.
IN JURISDICTIONS THAT PROHIBIT
THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
- Indemnification. To the extent permitted by applicable
law, you will indemnify, defend and hold harmless Company and its stockholders,
directors, officers, employees, agents, successors, assigns, affiliates, content
and service providers and Providers from and against (and will pay upon demand each
such person the amount of) any and all claims,
losses, liabilities, suits, damages
and disputes, including attorneys fees, made, suffered or incurred by any third
party that arises from, relates to or is caused by any breach by you of any covenant,
representation or warranty contained in these Terms of Use and/or your use of the
Site. In connection with any suit, action or proceeding that may give rise to an
obligation of you to indemnify a person as set forth above, Company shall have the
exclusive right, at its option, to defend, compromise and/or settle the suit, action
or proceeding, and you shall be bound by the determination of any suit, action or
proceeding so defended or any compromise or settlement so effected. The remedies
provided in this section are not exclusive of and do not limit any other remedies
that may be available to Company or any other party to be indemnified pursuant to
this section.
- Dispute Resolution (Arbitration Clause).
- Arbitration. You and Company each agree
to submit to binding arbitration in the event of a dispute, controversy or claim
(each, a “Claim”) arising out of or in connection with these Terms
of Use, the Privacy Policy, your or Company’s rights and obligations under these
Terms of Use or the Privacy Policy, the Site, the use of the Site, and/or the information,
services and/or products that may be provided by or through or in connection with
the Site. The arbitration will be held in Maryland before one arbitrator on an individual
basis and not as a class action. You expressly waive any right you may have to arbitrate
a dispute as a class action. You also expressly waive your right to a jury trial.
You may select one of the following arbitration organizations and its applicable
rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com),
or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com).
If you fail to select an arbitration organization within 30 days after notice from
Company, Company may select the organization. You may obtain a copy of the rules
of each organization by contacting the organization. In the event that any Claim
cannot be submitted to binding arbitration pursuant to the rules of any such organization,
such event shall not affect the enforceability of this clause so long as the Claim
may be submitted to binding arbitration with one of the organizations. You and Company
shall agree on one arbitrator to conduct the arbitration and the arbitrator shall
be selected pursuant to the applicable rules. Each party shall be responsible for
its own attorney, expert and other fees, unless such fees are awarded by the arbitrator
to the prevailing party. Notwithstanding anything to the contrary in this Section,
to the extent you have in any manner violated or threatened to violate Company’s
intellectual property rights, Company may seek injunctive or other appropriate relief
in any state or federal court in the state of Maryland, and you consent to exclusive
jurisdiction and venue in such courts.
- Arbitration Final. The arbitrator's
award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C.
§1 et seq.), and not any state law concerning arbitration, governs all arbitration
under this clause. Any court having jurisdiction may enter judgment on the arbitrator's
award. If any part of this clause, other than waivers of class action rights, is
deemed or found to be unenforceable for any reason, the remainder shall remain enforceable.
Notwithstanding anything to the contrary contained herein, if the waiver of class
action rights contained herein is not enforceable as to any person or persons, the
provisions of Section 17 of these Terms of Use shall apply to such person or persons
only, and all other persons shall continue to be governed by the Arbitration Clause.
- No Class Action. These Terms of Use
provide that all Claims will be resolved by binding arbitration and not in court
or by jury trial. IF A CLAIM IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE
AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST
COMPANY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR
PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
- Waiver. If you are a California resident, to
the extent permitted by California law, you waive California Civil Code Section
1542, which states: “A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the debtor”
as well as any other unknown claims under California Civil Code Section 1542 or
any statute or common law principle of similar effect.
- Jurisdiction and Venue. TO THE EXTENT A CLAIM
IS NOT GOVERNED BY THE ARBITRATION CLAUSE, EXCLUSIVE JURISDICTION FOR ANY CLAIM
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRIVACY POLICY, YOUR
OR COMPANY’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY,
THE SITE, THE USE OF THE SITE, AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED
BY OR THROUGH OR IN CONNECTION WITH THE SITE SHALL BE THE UNITED STATES DISTRICT
COURT FOR THE DISTRICT OF MARYLAND - NORTHERN DIVISION, LOCATED IN BALTIMORE CITY,
MARYLAND OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN THE APPROPRIATE COURT
OF THE STATE OF MARYLAND THAT IS LOCATED IN BALTIMORE CITY, MARYLAND; PROVIDED,
HOWEVER, THAT IN THE EVENT COMPANY IS SUED OR JOINED BY A THIRD PARTY IN ANY OTHER
COURT OR IN ANY OTHER FORUM IN RESPECT OF ANY MATTER WHICH MAY GIVE RISE TO A CLAIM
BY COMPANY HEREUNDER, YOU CONSENT TO THE JURISDICTION OF SUCH COURT OR FORUM OVER
ANY CLAIM WHICH MAY BE ASSERTED BY COMPANY THEREIN. YOU IRREVOCABLY CONSENT TO THE
EXERCISE OF PERSONAL JURISDICTION BY SUCH COURTS IN ANY SUCH ACTION. In addition,
and notwithstanding the foregoing, YOU irrevocably waive, to the fullest extent permitted by law, any objection that YOU may now or hereafter have to the laying
of the venue of any such suit, action or proceeding brought in any such court and
any claim that any such suit, action or proceeding brought in any such court has
been brought in an inconvenient forum. Final judgment in any such suit, action or
proceeding brought in any such court shall be conclusive and binding upon YOU and
may be enforced in any court in which YOU ARE subject to jurisdiction by a suit
upon such judgment.
- Waiver of Trial By Jury. TO THE EXTENT A CLAIM
IS NOT GOVERNED BY THE ARBITRATION CLAUSE, COMPANY AND YOU EACH hereby waive the
right to a trial by jury in any court and in any suit, action or proceeding, whether
in tort, contract or otherwise, in which ANY SUCH PARTY is a party, as to ANY CLAIM
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE PRIVACY POLICY, YOUR
OR COMPANY’S RIGHTS AND OBLIGATIONS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY,
THE SITE, THE USE OF THE SITE, AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED
BY OR THROUGH OR IN CONNECTION WITH THE SITE.
- Viewing Outside the United States. Company makes
no claims that the Site may be lawfully viewed, accessed or used outside the United
States. Access or use of the Site may not be legal by certain persons or in certain
countries. If you access or use the Site from outside of the United States, you
do so at your own risk and you are responsible for compliance with the laws of your
jurisdiction.
- Miscellaneous.
- No Medical Advice. The Site is provided
to you for informational purposes only. The Site is not intended to be a substitute
for professional medical advice, diagnosis or treatment. You should always seek
the advice of your physician or another qualified health provider with any questions
you may have regarding a medical condition. If you believe you have a medical emergency,
you should contact your doctor or call 911 immediately. Company does not recommend
any specific physicians, products, procedures, medications, services, opinions,
or other information that may be located on, referenced by or linked to the Site.
Reliance on such information is solely at your own risk.
- Explicit Medical Information. Medical
information occasionally is, by its nature, graphic and/or sexually explicit. If
such materials are likely to offend you, you should not use the Site.
- Severability. Except as otherwise expressly
provided by these Terms of Use, if any provision of these Terms of Use shall be
held to be invalid or unenforceable for any reason, the remaining provisions shall
continue to be valid and enforceable. If any provision of these Terms of Use is
invalid or unenforceable, but that by limiting such provision it would become valid
and enforceable, then such provision shall be deemed to be written, construed and
enforced as so limited.
- Waiver of Contractual Right. The failure
of Company to enforce any provision of these Terms of Use shall not be construed
as a waiver or limitation of Company’s right to subsequently enforce and compel
strict compliance with that provision or any other provision of these Terms of Use.
- Parties in Interest. These Terms of
Use shall be binding upon, inure to the benefit of, and be enforceable by the parties
to these Terms of Use and their respective successors, heirs, legatees, personal
representatives and permitted assigns. No assignment, delegation or other conveyance
of these Terms of Use or of any rights or obligations hereunder may be made by you
(by operation of law or otherwise) without the prior written consent of Company.
Company may assign its rights and obligations under these Terms of Use to any other
party.
- Headings. The headings and other captions
in these Terms of Use are for convenience and reference only and shall not be used
in interpreting, construing or enforcing any of the provisions of these Terms of
Use. Common nouns and pronouns will be deemed to refer to the masculine, feminine,
neuter, singular, and plural, as the context may require.
- Entire Agreement. These Terms of Use
constitutes the entire agreement between you and Company and
they supersede all
prior or contemporaneous communications, promises and proposals, whether oral, written
or electronic, between you and Company with respect to the Site, the use of the
Site and/or the services and/or products that may be provided by or through or in
connection with the Site.
- Printed Terms of Use Admissible. A printed
version of these Terms of Use and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to these
Terms of Use to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
- Governing Law. These terms of use shall
be governed by and construed in accordance with the laws of the State of Maryland,
excluding any law or conflicts of law principle that would apply the law of another
jurisdiction. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE
MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT (“MUCITA”) AS PERMITTED BY SECTION 22-104
OF MUCITA.
- Company Contact Information. If you have any
questions or comments regarding these Terms of Use or the Site, please email Company
at contact@CancerTv.com.
PLEASE RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.
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