Terms of Use

Last updated on March 30, 2006

These Terms of Use set forth the terms and conditions governing your use of The MetaCancer Foundation website at MetaCancer.org. By using MetaCancer.org in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of MetaCancer.org and do not apply to any other website or change or alter any other agreement between you and The MetaCancer Foundation.

The MetaCancer Foundation reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of MetaCancer.org following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using MetaCancer.org.

Privacy Policy

The MetaCancer Foundation is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy here regarding the collection and use of your information on MetaCancer.org. By using MetaCancer.org, you are consenting to the terms of our Privacy Policy.

No Medical Advice

MetaCancer.org exists to educate and inform you, and to provide a forum for people to share information, experiences, and opinions. You acknowledge that The MetaCancer Foundation does not provide medical advice, and you agree that you will not use the MetaCancer.org website as a substitute for or supplement to advice from a pharmacist, doctor, psychologist, or other qualified medical professional.

Notice Regarding Children

MetaCancer.org is intended for adults only. We do not intend for this website to collect information from anyone under the age of 13. Information published on this site is not intended for anyone under the age of 13.

Ownership and Use of Website Information

All information, materials, and other content located on MetaCancer.org, except noted third party materials, are the property of The MetaCancer Foundation or its members, and are protected under United States and international copyright laws and treaty provisions. You may download, view, copy and print content from MetaCancer.org solely for the personal use or you or another. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms of Use.

Restrictions on Use

You agree that you will not use the MetaCancer.org website or any content located on MetaCancer.org in any way not explicitly authorized in the preceding paragraph. If you want to use the content of MetaCancer.org in a manner that is not expressly permitted by these Terms of Use, you must receive The MetaCancer Foundation’s prior written consent. To seek such consent, please contact us at info@metacancer.org. Without limiting the foregoing, you agree that you will not (a) use MetaCancer.org or its contents in any way that could overburden, impair, disable or damage any The MetaCancer Foundation server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on MetaCancer.org; or (c) use any automated means, such as scripts, screen-scrapers, or website copying applications, to capture, copy, or otherwise access the MetaCancer.org website.

The MetaCancer Foundation reserves the right to revoke your permission to use the MetaCancer.org website at any time, and your use shall be discontinued immediately upon such notice from The MetaCancer Foundation. Access to MetaCancer.org may be monitored or logged without further notice to you.

Links to MetaCancer.org

You may link to the MetaCancer.org website subject to the following restrictions. You agree that you will not (a) include links to any MetaCancer.org page other than http://www.MetaCancer.org ; (b) “frame” or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on MetaCancer.org; (c) alter or modify MetaCancer.org content, “cut and paste” or otherwise reproduce MetaCancer.org content on the website that links to MetaCancer.org; (d) misrepresent your relationship with The MetaCancer Foundation or the MetaCancer.org website or imply that The MetaCancer Foundation or the MetaCancer.org website has any connection with, or is endorsing or sponsoring, you or your website; or (e) present false, misleading or defamatory information about The MetaCancer Foundation or its services. You further agree that you will not link to MetaCancer.org if content on the linking site contains libelous, defamatory, obscene, pornographic, or patently offensive material. You link to MetaCancer.org at your own risk; The MetaCancer Foundation is under no obligation to maintain MetaCancer.org, provide or update MetaCancer.org content or otherwise support your link to the MetaCancer.org website. The MetaCancer Foundation may revoke its authorization for you to link to the MetaCancer.org website at any time for any reason or no reason, and you agree to remove any and all links to the MetaCancer.org website upon notice by The MetaCancer Foundation.

Links to Other Websites

MetaCancer.org contains links to other websites solely as a convenience to persons who visit MetaCancer.org. The MetaCancer Foundation makes no representations about websites linked from MetaCancer.org. The inclusion of any such link on MetaCancer.org does not imply that The MetaCancer Foundation endorses, recommends or accepts any responsibility for such sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any website that you visit, including those linked from MetaCancer.org, as their terms and policies may differ from ours.

No Endorsements

MetaCancer.org may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Submissions

The MetaCancer Foundation does not want to receive confidential or proprietary information from you through its MetaCancer.org website or via email. Please note that, other than as set forth in the privacy policy, any information or material sent to The MetaCancer Foundation may not be treated as confidential. If you submit information or materials to us (including without limitation ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant The MetaCancer Foundation an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You understand that you will not be compensated or credited for any such use. You agree that you shall have no recourse against The MetaCancer Foundation nor any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.

No Warranty

THE METACANCER.ORG WEBSITE, ITS CONTENTS, AND THE SERVICES OFFERED THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE”) ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, THE METACANCER FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. THE METACANCER FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

THE METACANCER FOUNDATION DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE METACANCER.ORG WEBSITE, EVEN IF THE METACANCER FOUNDATION IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

The MetaCancer Foundation may change the services and programs mentioned on or available through MetaCancer.org at any time without notice. Additionally, all services referenced on MetaCancer.org are subject to availability and qualifications. MetaCancer.org can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that The MetaCancer Foundation intends to make such services or programs available in your country.

Trademarks

Marks and trade names not owned by The MetaCancer Foundation and mentioned on MetaCancer.org are the property of their respective owners.

Jurisdictional Statement

This website is controlled, operated and intended for use only in the United States of America. We do not represent that materials on MetaCancer.org are appropriate or made available for use outside of the United States of America.

Governing Law

These Terms of Use and all matters relating to your access to, or use of MetaCancer.org shall be governed by the laws of the State of Maryland. You agree that any legal action or proceeding between The MetaCancer Foundation and you for any purpose concerning these Terms of Use or MetaCancer.org or in any way related to this website shall be brought exclusively in a court of competent jurisdiction sitting in the State of Maryland. Any cause of action or claim you may have with respect to these Terms of Use, MetaCancer.org, or The MetaCancer Foundation must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

The MetaCancer Foundation reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. The MetaCancer Foundation’s failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of The MetaCancer Foundation’s rights.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.