1. NOT CONFIDENTIAL
This Website makes discussion forums available to its users. Please remember that any information that is disclosed in public forums on the Website becomes public information and you should exercise caution when deciding to disclose your personal information. You may use an alias when posting personal information on the discussion forums.
THE SARCOMA ALLIANCE WILL TREAT ANY DISCUSSION FORUM POSTINGS, FEEDBACK, EMAILS OR SUGGESTIONS YOU PROVIDE TO US AS NON-CONFIDENTIAL AND NON-PROPRIETARY. IF YOU CHOOSE TO USE YOUR REAL NAME, YOUR NAME WILL BE AVAILABLE TO AND VIEWABLE BY ANYONE USING THE WORLD WIDE WEB AND/OR USING A SEARCH ENGINE. YOU ARE NOT REQUIRED TO USE YOUR REAL NAME AND THE DECISION TO DO SO IS MADE AT YOUR SOLE DISCRETION.
2. Discussion Forum Postings and Website Content
You agree that any information or other material that you post, transmit or otherwise make available through Sarcoma Alliance: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing securities transactions, consumer protection, unfair competition, false advertising, deceptive practices or anti-discrimination); (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) shall not be intentionally malicious or derogatory toward Sarcoma Alliance or any Sarcoma Alliance advisor or licensor unless such information or material can be supported by documented facts; (f) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You will be responsible for, and indemnify and hold harmless Sarcoma Alliance, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit or otherwise make available. Although Sarcoma Alliance may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user generated pages on the Website, Sarcoma Alliance is not under any obligation to do so. You acknowledge that Sarcoma Alliance does not control the information available on the bulletin boards, chat rooms and other user generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user generated pages are those of their respective authors who are solely liable for their content. Sarcoma Alliance reserves the right, in its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user generated pages.
The content contained in the Website is presented for educational purposes only. The content should not be considered complete nor should it be relied upon as medical advice or otherwise. Nothing contained on the Website should be considered a substitute for professional medical advice.
3. Conduct as a User
As a user on Sarcoma Alliance’s Website, you will represent yourself accurately and truthfully at all times. You grant Sarcoma Alliance the right to independently verify any information that you post on our Website about yourself, although Sarcoma Alliance does not routinely undertake any verification. Sarcoma Alliance reserves the right to constitute classes of users of the Website, granting access to certain areas of the Website only to certain users.
4. Your Information
“Your Information” includes any information you provide to us, including, without limitation, any information you provide during registration, in any public message area or public forum, or through any email feature.
You are solely responsible for Your Information. Sarcoma Alliance acts as a passive conduit for the online distribution and publication of Your Information. However, we may take any action we deem necessary and appropriate in our sole discretion if we believe Your Information creates a risk of liability to Sarcoma Alliance. Sarcoma Alliance may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Website that infringes on the rights of third parties or is otherwise harmful to Sarcoma Alliance. Sarcoma Alliance may also, at its sole discretion, terminate your access to the Website for posting material that infringes on the rights of third parties or otherwise violates Your obligations under this Agreement.
If You believe that Your information has been used on the Website in a manner that constitutes copyright infringement, please provide Sarcoma Alliance’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
· an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
· identification of the copyrighted work claimed to have been infringed;
· a description of where the material that You claim is infringing is located on the Website;
· Your address, telephone number, and e-mail address;
· a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by You, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
5. Content Ownership
All Content (defined below) used and displayed on the Website or available through Sarcoma Alliance’s services are the property of Sarcoma Alliance or its licensors and are protected by United States and international copyright, trademark, and other laws. “Content” means any information, mode of expression, or other materials or services found on the Website including, without limitation, discussion forums, software, writings, graphics, and any and all other features found on the Website. In addition to the Sarcoma Alliance’s and its licensor’s or supplier’s rights in individual elements of the content within the Website, Sarcoma Alliance owns a copyright in the selection, coordination, arrangement and enhancement of such content.
Unless Sarcoma Alliance has entered into a separate written agreement with you that explicitly states to the contrary, you agree that any information, feedback, questions, comments or the like that you provide to Sarcoma Alliance in connection with this Website or Sarcoma Alliance’s services (“Submissions”) will be deemed to be provided to Sarcoma Alliance on a non-confidential and non-proprietary basis and will become and remain the property of Sarcoma Alliance. Sarcoma Alliance shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that Sarcoma Alliance shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, without limitation, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques.
This Website may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (each a “Linked Site”). Sarcoma Alliance has no discretion to alter, update, or control the content on a Linked Site. The fact that Sarcoma Alliance has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in using, retrieving, or relying upon any information found on the internet, and Sarcoma Alliance urges you to make sure you understand these risks before using, retrieving, or relying upon any such information from a Linked Site.
8. NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE WEBSITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, OR ACCURACY.
SARCOMA ALLIANCE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE THROUGH THE WEBSITE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
SARCOMA ALLIANCE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE IS COMPLETE OR UP-TO-DATE AND IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE WEBSITE. SARCOMA ALLIANCE AY CHANGE THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT NOTICE.
OTHER THAN AS REQUIRED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL SARCOMA ALLIANCE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE OR A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS AS APPROPRIATE, INCLUDING WITHOUT LIMITATION MEDICAL DOCTORS, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
9. LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS PUBLISHED ON THE WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SARCOMA ALLIANCE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS.
YOU AGREE THAT THE SARCOMA ALLIANCE, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES, OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH HE USE OF THE WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR A LINKED SITE, EVEN IF SARCOMA ALLIANCE IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE SARCOMA ALLIANCE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SARCOMA ALLIANCE’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
Sarcoma Alliance reserves the right to terminate Your access to the Website for any reason or for no reason.
11. GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Website and Sarcoma Alliance’s services.
12. INTEGRATION AND SEVERABILITY
13. APPLICABLE LAW
This Website is controlled by Sarcoma Alliance from its offices within the State of California, USA. The laws applicable to the interpretation of this Agreement shall be the laws of the State of California, USA, and applicable federal law, without regard to any conflict of law provisions.
Sarcoma Alliance makes no representation that the content in this Website is appropriate for access outside of the United States. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree to submission of any dispute to the state and federal courts of the State of California and County of Santa Clara, USA.