PLEASE READ THESE TERMS OF USE CAREFULLY!
A message from GRACE
1. Your Acceptance
A. This website (the “Website”) is owned and made available by Global Resource for Advancing Cancer Education (“GRACE”, “we” or “us”). These Terms of Use apply to all users of the Website (“Users”), including your access and use of the Website. By visiting and/or using the Website, you signify your agreement to (i) these terms and conditions (the “Terms of Use”), and (ii) all GRACE policies, rules, guidelines, terms and conditions established for the Website as set forth on the Website (collectively “Policies”), which are also incorporated here by reference. If you do not agree to any of these terms or GRACE Policies, please do not use the Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. GRACE may, in its sole discretion, modify or revise these Terms of Use or the Policies at any time, and, by continuing to visit or use the Website following the posting of changes to these Terms of Use or Policies, you agree to be bound by such modifications or revisions.
2. NOT MEDICAL OR HEALTH CARE ADVICE
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THIS SITE TO COMMUNICATE ANY URGENT OR EMERGENCY MESSAGES OR INFORMATION.
The content on this Website is general in nature and is provided for informational purposes only. The Website may not contain all information that may apply to your situation.
THE CONTENT ON THE WEBSITE IS NOT MEDICAL ADVICE. The content on this Website should not be deemed to be, or treated as, medical or health care advice, medical diagnosis, or medical treatment. You should not rely on information published on this Website as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. NEVER DISREGARD, AVOID, OR DELAY OBTAINING MEDICAL OR HEALTH CARE ADVICE OR ASSISTANCE FROM YOUR HEALTH CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS WEBSITE. YOU ALWAYS SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO YOUR MEDICAL CONDITION.
THIS WEBSITE AND THE CONTENT ON THIS WEBSITE ARE NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF OTHER HEALTH CARE SERVICES. YOUR USE OF THE WEBSITE DOES NOT CREATE A PHYSICIAN/PATIENT, DOCTOR/PATIENT, PROVIDER/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF GRACE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND CONTRIBUTORS, INCLUDING DR. HOWARD WEST.
3. ACCOUNTS, PASSWORDS AND SECURITY
A. In order to access some features of the Website, such as participating in User forums and uploading User Submissions (as defined below), you will have to register as a GRACE Website user and create a GRACE account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information, and you must maintain and promptly update your account information to keep it accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GRACE immediately of any breach of security or unauthorized use of your account.
B. Although GRACE will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GRACE or others due to such unauthorized use.
4. USER SUBMISSIONS
A. Subject to these Terms of Use, as a GRACE account holder, you may participate in User forums and submit questions, comments, information and content as permitted by the functionality on the GRACE Website (“User Submissions”) for posting on the Website. You understand that whether or not such User Submissions are published, GRACE does not guarantee any confidentiality with respect to any User Submissions. You acknowledge and understand that any content you may submit will be seen by others, may be published and available to the general public and is subject to redisclosure by others. PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY POSTINGS.
B. When you submit content or information on the Website or to GRACE, you are doing so voluntarily, and you are authorizing the use and disclosure of such content and information on the Website pursuant to these Terms of Use. No treatment, payment for services, enrollment or eligibility for benefits are conditioned on you being a GRACE Website user, creating a GRACE account or posting of any User Submissions. In operating this Website, we are not acting as covered entities under the administrative simplification provisions under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations or as health care providers under various state health information confidentiality laws. Any information you post will not be subject to Federal or State laws protecting privacy, security, and confidentiality of health information.
C. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions, including with respect to copyright and privacy rights, to use and authorize GRACE to use User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use, without violating the privacy or other rights of any person.
D. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GRACE, you hereby grant GRACE a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the User Submissions in connection with the Website, and GRACE’s (and its successors’ and affiliates’) business, including for promoting and redistributing part or all of the GRACE Website (and derivative works thereof) in any media formats and through any media channels now know or hereinafter invented. The license may also be exercised on behalf of GRACE by third parties acting on GRACE’s behalf (e.g., technology partners, service providers and independent contractors).
E. GRACE reserves the right to remove any User Submission at any time, without notice and at its sole discretion, including if it determines that a User Submission is inappropriate or fails to comply with these Terms of Use, such as pornography, obscene or defamatory material, or excessive length. GRACE HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES.
5. YOUR USE OF WEBSITE CONTENT
The following terms and conditions apply to your access and use of all content available on or through the Website (“Content”), including information, text, images and User Submissions of others.
A. You may access, view and print one copy of Content, including User Submissions, solely for your information and personal, noncommercial use.
B. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.
C. You understand that when using the GRACE Website, you will be exposed to Content from a variety of sources, and that GRACE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User Submissions. User Submissions do not represent the views of GRACE or any individual associated with GRACE, and GRACE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. GRACE expressly disclaims any and all liability in connection with User Submissions, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GRACE
6. USER INTERACTIONS
A. Your interactions with other Users on the GRACE Website are solely between you and the User. Like with any web-based interaction, we suggest that you use caution and good judgment.
B. You agree that GRACE shall not be responsible or liability for ay loss or damage of any sort incurred as a result of any such dealings or with respect to any other User’s use or disclosure of your Personal Information (as defined below).
C. If there is a dispute between you and any User or other third party, GRACE is under no obligation to become involved. You hereby release GRACE and its officers, directors, employees, agents and contractors, from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the GRACE Website.
If you are a California resident, you waive California Civil Code Section 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.”
7. GENERAL USE OF THE WEBSITE – RESTRICTIONS
The Website is made available for your access and use, provided that:
A. You agree not to copy or distribute in any medium any part of the Website without GRACE’s prior written authorization, including User Submissions, except as intended through the normal functionality of the GRACE Widget.
B. You agree not to alter or modify any part of the Website or any of its related technologies, or create derivative works or other products or services based upon the Website.
C. You agree not to use the Website, including the GRACE Widget for any commercial use
D. You agree not to collect, use or disclose any personal information of any User or third party collected, derived or associated with your use of the Website, including name, address, phone number, email address, financial information, other personally identifiable information and any information provided by any User in registering or creating an account with GRACE (collectively “Personal Information”).
E. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the GRACE Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the GRACE Website or the Content therein.
G. You agree not to use or launch any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Website.
H. You agree not to violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Website in a way for unlawful purposes or that constitutes or encourages any unlawful activities.
I. You also agree not to submit, email, or otherwise make available any User Submission or use the Website in any way that:
is obscene, pornographic or profane;
is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or invasive of another’s privacy;
harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
includes personal or identifying information about another person without that person’s express consent;
impersonates any person or falsely states or otherwise misrepresents your affiliation with a person or entity, including misleading email or IP addresses, or forged headers or otherwise manipulated identifiers;
causes the repeated posting of the same or similar Content
creates, sends, or enables anything that constitutes or contains “junk mail”, “chain letters”, “spam”, or unsolicited mass mailing; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
J. We believe that your privacy and the privacy of all our Users is important. You understand that any information you submit through this Website is not confidential and could be subject to viewing and dissemination by GRACE or others. GRACE may share information with organizations or companies that are involved in the GRACE Websites, related events and activities or in providing services to you. We may also use de-identified and aggregate information for our own purposes and share it with others. However, GRACE does not sell or intentionally disseminate for gain to third parties any Personal Information obtained from this Website. GRACE may use information provided by you to protect the Website and its or others rights. GRACE will also disclose information to local, state, federal, national or international government or law enforcement authorities in cooperation with law enforcement authorities.
8. LIMITATIONS
A. The GRACE Website may contain links to third party websites that are not owned or controlled by GRACE. All such links are provided solely as a convenience to you. GRACE has no control over, and assumes no responsibility for, the content, products, services, privacy policies, or practices of any third party websites. GRACE does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, products or services located or accessible from any other websites, or the results that you may obtain from using any other websites. By using the Website, you expressly relieve GRACE from any and all liability arising from your use of any third-party website.
B. GRACE reserves the right to change, suspend or discontinue any aspect of the GRACE Website at any time, without notice and at its sole discretion. GRACE will not be liable to you or to any third party for any modification, suspension or discontinuance of the GRACE Website or any portion thereof.
C. GRACE is not responsible for the back-up of any of any User Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Website. You are solely responsible for maintaining back-ups of your Submissions and any information generated or stored through the use of the Website.
D. GRACE is not responsible or liable to you or any other person for its cooperation with any law enforcement authorities, court order, subpoena or governmental authority requesting or directing GRACE to disclose the Personal Information of any User or the use or disclosure of Personal Information to protect our rights, customers or business.
9. TERMINATION
A. GRACE may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss, legal liability or other harm for you, our Users or us. GRACE also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.
B. Upon any such termination, your rights to access and use the Website shall automatically terminate. GRACE has no obligation to delete or remove your User Submissions, and they may remain on the GRACE Website. In addition, even if User Submissions may no longer be actively displayed on the Website, they may be recorded and saved by GRACE in its archives.
10. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (ii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such person’s name and Personal Information in the manner contemplated by the Website and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of these Terms of Use; (iv) the User Submission and GRACE’s use thereof as contemplated by these Terms of Use, including on and in the GRACE Website, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (v) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.
11. DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE GRACE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, AND GRACE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. GRACE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY ACTS, OMISSIONS AND CONDUCT OF ANY USERS, ADVERTISERS AND/OR OTHER PARTIES REFERENCED ON OR THROUGH THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GRACE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE.
12. LIMITATION OF LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL GRACE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE AND/OR CONTENT, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF GRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GRACE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE AND/OR CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100. YOU AND GRACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GRACE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
B. YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE.
13. OWNERSHIP
A. All trademarks, service marks, trade names and other source indicators of GRACE, including the “GRACE” name and logo, are the sole and exclusive property of GRACE. You will not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify GRACE trademarks in any way, including in advertising or publicity pertaining to distribution of User Submissions, without GRACE’s prior written consent.
B. GRACE (and/or its suppliers) owns all right, title and interest in and to all elements of the Website (other than User Submissions), including Content, general design, software, interactive features, functionality and the like, and all copyright, patent, trademark and trade secret and other rights therein, as well as all information collected on or via or otherwise derived from the Website, and you understand and agree that you receive no ownership rights in and to the Website or Content (excluding your own User Submissions). GRACE reserves all rights not expressly granted in and to the Website and Content.
14. INDEMNITY
You agree to indemnify, defend at GRACE’s request, and hold harmless GRACE and its officers, directors, employees, agents, representatives, volunteers and contributors (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney’s fees, litigation expenses and settlement amounts) arising from or related to any of the following, provided that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the GRACE Website and Content, (ii) any of your User Submissions, including any infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (iii) your violation of any these Terms of Use, including the Privacy Policy and other GRACE Policies; (iv) your violation of any law, rule or regulation, whether local, state, federal or international; (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code; or (vi) any negligence or willful misconduct by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.
15. ABILITY TO ACCEPT TERMS OF USE
You affirm, represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the GRACE Website is not intended for children under 13. If you are under 13 years of age, then please do not use the GRACE Website.
16. GENERAL
A. These Terms of Use, including the GRACE Policies, are the complete and exclusive statement of the agreement between you and GRACE and supersede all proposals, representations or prior agreements, oral or written, and any other communications between you and GRACE relating to the subject matter of these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
B. You may not assign or delegate any rights or obligations hereunder without GRACE’s prior written consent. These Terms of Use, and GRACE rights or obligations hereunder are freely assignable by GRACE without necessity of obtaining your consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
C. These Terms of Use will be governed by the laws of the State of Washington, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts of King County, Washington. You hereby accept the personal jurisdiction of such courts.
D. GRACE will not be liable for any delay or failure to perform any of its obligations hereunder by reason of fire, explosions, earthquakes, storms, flood, wind, drought and acts of God or the elements; court orders; acts, delays and failures to act by civil, military or other governmental authority; failures of suppliers, service providers or other third parties; strikes, lockouts, labor disputes, riots, insurrections, terrorism, sabotage and war; breakdown or destruction of, or damage or casualty to, any equipment, facilities or other property not caused by GRACE, unavailability of materials, supplies, parts, equipment, personnel or other necessary items on commercially reasonable terms; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond GRACE’s reasonable control, whether or not similar to the foregoing.
E. Whenever used in these Terms of Use, unless otherwise specified the terms “includes”, “including”, “e.g.”, “for example”, “such as”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. The headings of sections and subsections of these Terms of Use are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of these Terms of Use. In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted these Terms of Use; and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in these Terms of Use against the party that drafted it.
F. Any notice or other communication under this Agreement given by GRACE to you will be effective if: (a) sent via email to your email address specified in your GRACE account; or (b) posted on the GRACE Website (and you are responsible for reviewing the GRACE Website for any such notices and communications). To be effective, any notice or other communication under this Agreement given by you to GRACE must be: (y) delivered to the intended recipient; and (z) in writing and must be sent to GRACE by prepaid registered mail, receipted commercial courier, or electronically receipted facsimile transmission, at the following address:
Global Resource for Advancing Cancer Education
4616 25th Avenue NE, #300
Seattle, WA 98105
GRACE may from time to time change such address by giving you notice thereof in accordance herewith.
G. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.
H. Sections 2, 3.B, 4.A, 4.B, 4.C, 4.D, 5.C, 6.B, 6.C, 8, 9.B, 10, 11, 12, 13, 14, 15 and 16 of these Terms of Use shall survive termination of this Agreement and your use of the Website for any reason.
I. Any failure or delay by either party to exercise or partially exercise any right, power or privilege hereunder will not be deemed a waiver of any of the rights, powers or privileges under these Terms of Use. No term or condition of these Terms of Use will be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Terms of Use will not be deemed a waiver of any prior or subsequent breach.
J. GRACE reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the GRACE Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.