Terms of Use

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DISCLAIMER AND TERMS OF USE

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

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

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

The Site may make available certain information provided by or originating from third parties, including information related to various medical developments, conditions and treatments or your legal rights or remedies. Information provided should not be used as a replacement for professional advice; CANCER AND CAREERS STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT MEDICAL OR LEGAL PROFESSIONAL REGARDING ANY SPECIFIC HEALTH SITUATION OR LEGALQUESTION.

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

Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING ALL OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND. CANCER AND CAREERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. RELIANCE ON ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE IS AT YOUR SOLE RISK.

CANCER AND CAREERS DOES NOT WARRANT THE ACCURACY, USEFULNESS, RELIABILITY, TIMELINES, LEGALITY, OR COMPLETENESS OF ANY OF THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE. CANCER AND CAREERS ALSO DOES NOT WARRANT THAT THE SITE WILL OPERATE FREE FROM INTERRUPTION, DELAY IN TRANSMISSION, VIRUSES, ERRORS, OMISSIONS OR DEFECTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED.

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

In the event of a dispute between you and any third party (e.g., a third party source of information available via the Site, such as the provider of a Linked Site), you release Cancer and Careers (including our agents, employees, officers, directors, subsidiaries, and affiliates) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in anyway connected with such disputes. If you are a California resident,you waive California Civil Code §1542, which says: “A 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.”

Intellectual Property and Infringement Issues. Cancer and Careers reserves the right to remove or disable access to any content or other materials that violate or allegedly infringe on a party’s copyright or other intellectual property rights. If you believe that your materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

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

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

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

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

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

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

Cancer and Careers

Attn: Kate Sweeney

286 Madison Avenue, Suite 1900

New York, NY 10017

212-685-5955 ext. 15

ksweeney@cew.org

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

The compilation of content, including postings as well as links to other Internet resources (and the descriptions of those resources),c ontained within or made available via this Site are our copyrighted materials. Use of spiders, data mining tools, robots and similar data gathering and extraction tools is expressly prohibited, except by publicly available Internet search engine portals solely for purposes of indexing this Site.

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

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

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

Responsibility for Postings lies with each user – you alone are responsible for the content of your Postings and the consequences of any such Postings. By submitting a Posting, you represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information. If your Posting incorporates the name, voice, likeness and/or image of any individual and/or any third party-owned content, including but not limited to text, graphics, software, music, sound, photographs, videos, messages, posts, data, information or other material, you represent and warrant that you have the right to grant Cancer and Careers and other users permission to use such name, voice, likeness and/or image of such individual and/or such third party-owned content appearing in the Posting in all media throughout the world inperpetuity.

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

Cancer and Careers reserves the right (but is under no obligation) to monitor and screen Postings and sweep its message boards and other areas of this Site periodically in its sole discretion. Cancer and Careers also reserves the right to edit, refuse to post, remove or block access to any Postings, including but not limited to any Postings that violate these Terms of Use or that are otherwise objectionable as determined by Cancer and Careers in its sole discretion, but Cancer and Careers is not responsible for any failure or delay in removing or blocking access to any such Postings. Thats aid, Cancer and Careers is most often a passive conduit of the information that you and other users submit.

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

Miscellaneous. Cancer and Careers operates and maintains the Site from within the State of New York, USA. Cancer and Careers makes no representation that the Site or any content on or accessed through the Site is appropriate or available for use in locations other than the United States of America. You are responsible for compliance with all local laws and regulations pertaining to your access to and use of the Site, as applicable, including but not limited to all applicable laws regulating online conduct and content.

This Agreement shall be interpreted under the laws of the State of New York, without giving effect to principles of conflict of laws. If any provision of this Agreement is held by a court of competent jurisdiction or authorized arbitral body to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties consistent with applicable law with the other provisions remaining in full force and effect. Before seeking legal recourse for any harm you believe you have suffered from your access to the Site, you will give Cancer and Careers written notice specifying the harm and thirty (30) days to cure the harm after providing such notice.

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

Cancer and Careers reserves the right to modify, terminate or discontinue the Site (or any part of the Site) at any time, with or without notice, for any reason. In no event will Cancer and Careershave any liability whatsoever for doing so.

Privacy

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

Contact Us

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