My Cancer Circle, Inc. (“My Cancer Circle” or “we” or “us”) welcomes you to our web site (the “web site”). On this web site, My Cancer Circle makes available to you its Internet service for helping others, along with information, software, documents, communications, files, text, graphics, publications, content, tools, forums, resources and links to other web sites (collectively referred to as the “Service”).
Acceptance of Terms
How My Cancer Circle will protect your personal information
Notice, Choice, and Onward Transfers. My Cancer Circle requests general demographic information in the sign-up process. This information is limited to reporting purposes only. Phone numbers, email addresses, and postal addresses are not shared for demographic reports with outside entities, except as follows. If you join a community that was created from the web site service of one of our Program Providers, the Program Provider’s name is prominently displayed on each page of the web site. In such case, we may share your name and email address with that Program Provider, and the Program Provider may communicate with you about activities associated only with it, but you will have the opportunity to opt-out of receiving further communications from the Program Provider if you wish.
Data Security. My Cancer Circle takes data security seriously and has put in place customary physical and electronic procedures to protect and secure the personal information that you share with us. This information is protected using industry-standard security measures and stored in a controlled environment.
Data Integrity. My Cancer Circle will use personal information only in ways that are compatible with the purposes for which it was collected, which is to provide communication among the members of the community to which you belong.
Use of Materials Limitations
All materials contained in the web site or used in connection with the Service are the copyrighted property of My Cancer Circle, its subsidiaries, affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to My Cancer Circle, or its subsidiaries or affiliated companies and/or third-party licensors.
Unless otherwise specified, the materials and services on this web site or used in connection with the Service are for your personal and non-commercial use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the web site without the written permission from My Cancer Circle.
No Unlawful or Prohibited Use
You agree to comply with all applicable laws and regulations regarding your use of the Service, including without limitation your provision of services to or receipt of services from others in connection with the Service and your posting of information to or receipt of information from or in connection with the Service.
Use of the Service and the Web Site
The web site provides its users (called “members”) access to open and private communities, created by coordinators, and designed to provide for communication amongst the members of the community. The web site may contain email services, communities, calendars, news groups, forums, and/or other message or communication facilities designed to enable you to communicate with others within your community (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
Always use caution when giving out any personally identifiable information about yourself or others in any Communication Services. My Cancer Circle does not control or endorse the content, messages or information found in any Communication Services and, therefore, My Cancer Circle specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Coordinators and members are not authorized My Cancer Circle spokespersons, and their views do not necessarily reflect those of My Cancer Circle.
In consideration of your use of the Service, you agree that all information that you upload, post, email, transmit or otherwise make available via the Service: (a) will not be fraudulent; (b) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) will not be obscene or contain, pornography, or photographs of unclothed person(s); (f) will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) will not link directly or indirectly to any materials to which you do not have a right to link to or include.
You, and not My Cancer Circle or any Program Provider, are entirely responsible for all information that you upload, post, email, transmit or otherwise make available via the Service. We do not control your information or the information of or posted by other members and do not guarantee the accuracy, integrity or quality of your information or the information of or posted by other members. Nor do we endorse any opinions expressed by you or other members. You understand that by using the Service, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, your information or information of or posted by other members. You agree that under no circumstances will My Cancer Circle, any of its Program Partners, or any of their respective directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or third-party partners (collectively referred to as the “Covered Parties”) be liable in any way for any information, including, but not limited to, for any errors or omissions in your information or the information of or posted by other members, or for any loss or damage of any kind incurred as a result of the use of your information or information of or posted by other members posted, emailed, transmitted or otherwise made available in connection with the Service, or for any failure to correct or remove information.
We have the right, in our sole discretion, to suspend or terminate your use of the Service and refuse any and all current or future use of all or any portion of the Service.
Spam Email and Postings
Connections with Others
Through the Service, we provide tools that enable our members to arrange to provide services to or receive services from others, and such service may involve direct physical meeting or interaction at your home, the home of another member or other location. We do not supervise any of these services or any locations at which services may be provided, and we are not involved in any way with the actions of any members who provide or receive services or meet in connection with such services. As a result, we have no control over the identity or actions of the members who provide or receive services or meet in connection with such services, and we request that our members exercise caution and good judgment when providing or receiving services or meeting with others in connection with such services.
Because we do not supervise or control any of the services provided or received by members or any of the locations at which services may be provided, or any meetings or interactions among or between members and other persons, and because we have very limited control, if any, over the information that members upload, post, email, transmit or otherwise make available via the Service, you agree that you bear all risk and full responsibility for, and you agree to release us and all other Covered Parties from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with, your use of the Service, your provision or receipt of any services in connection with the Service or any meetings or interactions among or between members and other persons in connection with the Service. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Advertisements and Promotions
My Cancer Circle may run advertisements and promotions from third parties on the web site. The manner, mode and extent of advertising by My Cancer Circle is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than My Cancer Circle found on or through the web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. My Cancer Circle is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-My Cancer Circle advertisers on the web site.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. My Cancer Circle AND ALL OTHER COVERED ENTITIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, My Cancer Circle AND ALL OTHER COVERED ENTITIES DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICE, AND ANY WARRANTIES FOR ANY SERVICES, INFORMATION, ADVICE OBTAINED THROUGH THE SERVICE.
Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL My Cancer Circle OR ANY OTHER COVERED PARTY BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGES OF ANY KIND (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING IN ANY WAY FROM THE SERVICE OR THE INABILITY TO USE THE SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE), YOUR USE OF THE SERVICE, YOUR PERFORMANCE OR RECEIPT OF VOLUNTEER OR OTHER SERVICES IN CONNECTION WITH THE SERVICE, ANY MEETING OR INTERACTION AMONG OR BETWEEN MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE, AND THE ACTIONS OF MEMBERS OR OTHER PERSONS IN CONNECTION WITH THE SERVICE.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR ANY MATTER RELATED TO THE SERVICE SHALL NOT EXCEED ONE THOUSAND DOLLARS. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICE OR ANY MATTER RELATED TO THE WEB SITE.
Changes to the Service
My Cancer Circle MAY MAKE CHANGES TO THE SERVICE, SERVICES ON THE WEB SITE, INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEB SITE AT ANY TIME AND WITHOUT NOTICE.
Third Party Links
THE WEB SITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF My Cancer Circle OR ANY OTHER COVERED PARTY AND My Cancer Circle AND THE COVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. My Cancer Circle IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT My Cancer Circle OR ANY COVERED PARTY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES.