IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE TERMS AND CONDITIONS GOVERNING YOUR USE OF OUR WEB SITE AND OUR SERVICES
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
The Services are available only to individuals and legal entities that can form legally binding contracts under applicable law. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract. Members must provide a valid email address.
Members must have a computer, and an Internet or AOL connection. ONLINECANCERGUIDE.COM, Inc. assumes no responsibility for member’s computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in network connections. ONLINECANCERGUIDE.COM reserves the right, in its sole discretion, to cancel or suspend this program should virus, bugs, or other causes corrupt the administration, security or proper function of this program.
The ONLINECANCERGUIDE.COM tools work best with Internet Explorer 5.0+ or Netscape Navigator 4.0+. Note: The ONLINECANCERGUIDE.COM food and exercise tracking programs are not compatible with Macintosh or WebTV at this time, though Mac users can still take advantage of the menus and other meal planning tools, nutrition and fitness information, and community resources.
Scope Of Use.
ONLINECANCERGUIDE.COM is a publisher and not a healthcare practitioner. The material provided on the Site is for general informational purposes only. The material is not intended as a substitute for medical and/or health advice, nor is the material to be considered an offer, a solicitation for an offer to sell or buy, or an endorsement, a recommendation or a sponsorship of any company, product or service. The material on the Site should not be relied upon for dieting or for seeking medical and health recommendations. ONLINECANCERGUIDE.COM cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of the Services. You bear responsibility for your own health and diet research and decisions. Please consult with your physician or healthcare practitioner before dieting or making any personal health decisions.
Accurate Information; Privacy.
You are only authorized to use this Site for your own individual use, and you shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use, unless otherwise specifically authorized by ONLINECANCERGUIDE.COM. You agree not to transfer or resell your use of or access to the Registered Area to any third party.
All ONLINECANCERGUIDE.COM subscribers automatically receive Sleep Disorder Updates and other special edition newsletters.
Unacceptable Use of the Site
You shall not restrict or inhibit any other user from using the Services. You shall not use the Services to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offence or give rise to civil liability; (ii) distribute any harmful, obscene, or otherwise illegal or objectionable material; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail; (iv) violate or attempt to violate, the security of the Services; (v) access data or materials not intended for you; (vi) log into a server or account which you are not authorized to access; (vii) attempt to probe, scan or test the vulnerability of a system or breach any security or authentication measures; or (viii) assist or permit any persons in engaging in any of the activities described above. You also may not, and by using any or all of the Services you agree not to, use the Services to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any intellectual property rights of others or violates the privacy or rights of publicity of others. ONLINECANCERGUIDE.COM reserves the right to investigate and to involve law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services. THE USE OF ANY THIRD PARTY SOFTWARE OTHER THAN WEB BROWSERS ON OR IN CONNECTION WITH THE SERVICES, SUCH AS PRODUCTS THAT DOWNLOAD OR “SPIDER” THE SITE OR ANY OF THE PAGES OF THE SITE, INFRINGES ON OUR COPYRIGHTS AND/OR THE COPYRIGHTS OF OUR LICENSORS. THE USE ANY SUCH PRODUCTS ON OR IN CONNECTION WITH THE SITE OR SERVICES IS STRICTLY PROHIBITED!
You are responsible for protecting against viruses, Trojan horses, or other computer programming routines intended to damage or otherwise impair a computer’s functionality or operation.
Your use of the Services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any Service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Service may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
This Site, including, without limitation, all content and software related to the Site and the Services are the property of ONLINECANCERGUIDE.COM, or its licensors, and protected by copyright laws. The ONLINECANCERGUIDE.COM logo, and all other trademarks, service marks, and trade names of ONLINECANCERGUIDE.COM appearing on this Site are owned by ONLINECANCERGUIDE.COM or its licensors (“Trademarks”). You may not use the Trademarks without the prior written consent of ONLINECANCERGUIDE.COM or the respective owners of such Trademarks.
YOU ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ONLINECANCERGUIDE.COM DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability
ONLINECANCERGUIDE.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA (EVEN IF ONLINECANCERGUIDE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THE AGGREGATE LIABILITY OF ONLINECANCERGUIDE.COM FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold ONLINECANCERGUIDE.COM harmless from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your activities on the Site or your use of the Services; (ii) your violation of the terms and conditions of this Agreement; or (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard for principles of conflict of laws. Subject to the dispute resolution terms below, any legal action or proceeding between ONLINECANCERGUIDE.COM and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New York.
Except with respect to violations of ONLINECANCERGUIDE.COM’s intellectual property or proprietary rights, and except with respect to suits brought against ONLINECANCERGUIDE.COM by third parties, you acknowledge and agree that any dispute involving ONLINECANCERGUIDE.COM shall be settled by arbitration in the State of New York in accordance with the Commercial Arbitration 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. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that ONLINECANCERGUIDE.COM may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of ONLINECANCERGUIDE.COM pending the completion.