The Breast Cancer Club Logo

TERMS OF USE

  1. The following terms and conditions (these “Terms of Use”) are entered into between You (“User”) and the Breast Cancer Club (“we”, “us”, “our”). These Terms of Use govern your access to and use of thebreastcancerclub.org (the “Website”). By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not agree to the Terms of Use and Privacy Policy, you may not access or use the Website.
  2. These Terms are effective as of May 31, 2024.
  3. We currently provide Users access to some resources, including, chatrooms, public forums, online tools, and various communication tools (the “Service”). We assume no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization data or settings. All such risks shall be borne by you.
  4. We reserve the right to review, improve, amend, or change the Website or the Service at our discretion and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
  5. Those who register for an account on the Website are responsible for the security and confidentiality of their own username and password. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your information. You agree to notify us of any unauthorized access to the Website or related breach of security.
  6. The Website and its entire contents, features, and functionality (including, but not limited to, text, graphics, logos, button icons, and images, as well as the design, selection, and arrangement thereof) are owned by us and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except that the User may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Website. The contents of the Website are further protected under intellectual property or proprietary rights laws.
  7. The Terms of Use permit User to use the Website for personal and non-commercial activity only. A User may also make a single copy of a reasonable amount of the content displayed on any page, so long as it is not used for further reproduction, publication, or distribution. Any provided desktop, mobile, or other application for download on the Website may be downloaded a single time solely for your own personal and non-commercial use. Any appropriate use of content available from the Website must not remove any trademarks, copyright, or any other notice contained in such content.
  8. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will end immediately and you must, at our discretion, return or destroy any copies of the materials you have reproduced. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms of Use is a breach of said Terms of Use and may violate copyright, trademark, or other such laws.
  9. If you wish to make any use of material on the Website in a form other than what is set out in this section, please consult us at hello@thebreastcancerclub.org.
  10. User understands that all information, data, text, messages, or other materials (“Content”) present on the Website and publicly viewable is the sole responsibility of the person from which such content originated. We do not bear any risk or liabilities for such Content that you personally upload, post, e-mail, transmit, or otherwise affiliate with the Service. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. You agree that any Content submitted through the Service or on the Website does not:
    • Contain information that infringes on any patent, trademark, trade secret, copyright, or other proprietary right of any party.
      Make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that may cause annoyance, inconvenience, embarrassment, alarm, or needless anxiety to any other person.
    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
    • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • Contain any material likely to deceive any person, including giving the false impression that they emanate from or are endorsed by a certain person or entity or an actual impersonation of any person or entity, including, but not limited to, us, our forum, or otherwise falsely state or misrepresent your affiliation with a person or entity.
    • Advocate, promote, or assist in any illegal activity or unlawful act.
    • Contain any information regarding candidates for public office, political parties, or elections of officeholders.
    • Involve commercial activities or sales, such as contests, sweepstakes, promotions, or advertising.
    • Contain software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
    • Disrupt or negatively affects a user’s ability to engage in real time exchanges and interactions with the Website or the Service.
    • Harvest, collect, and/or store personal data about other users.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain material that could give rise to civil or criminal liability under applicable laws and regulations, or that otherwise conflicts with these Terms of Use and our Privacy Policy.
  11. We want you to be in control of your information, so we allow you to:
    • access and edit your account information. Just navigate to your settings and you will see the options available to you.
    • edit and delete content you’ve posted. Clicking on the title of a post you have written will pull up the post, underneath which you will see the options to edit or delete. You can find all your posts under the activity section in your member profile.
    • have your account deleted. To do so, contact us and request that we delete your account.
    • control who can contact you. If you receive unwanted communications, go to your member profile and click on the messages icon. Navigate to the people icon and select the member who sent the unwanted message. Use the gear icon next to that person’s name to manage communications with that person.
  12. The views and opinions expressed and any references made to medical practitioners/providers/hospitals and others are those of the authors or Users and do not reflect the official policy or position of The Breast Cancer Club. We are not liable for any acts and opinions of the Users.
  13. ANY THREAT, DIRECT OR INDIRECT TO THIS WEBSITE, ITS OWNERS OR VOLUNTEERS OR OTHER USERS WILL RESULT IN AN IMMEDIATE AND PERMANENT BAN. WE WILL NOT TOLERATE THREATS OR ABUSIVE REMARKS.
  14. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING, OR AS A CONSEQUENCE OF, A LEGAL INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES.
  15. By submitting Content to any part of the Website or via the Service where such Content is viewable to the public, User agrees that such submissions are non-confidential and non-proprietary for all purposes. You represent and warrant that the owner of such Content has expressly granted us a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, display, modify, publish, edit, translate, distribute, perform, and create derivative works from Content in any media or medium, form, or forum known of hereafter developed.
  16. You represent and warrant that you own and control all rights to such submissions and have the right to grant the license to us and our licensees, successors, and assigns, and that all contributions do, and will, comply with these Terms of Use. You understand and acknowledge you are responsible for any contributions you submit and you, not we, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.
  17. We have the right to terminate, restrict, or suspend your account and access to the Website and the Service for any or no reason, including, but not limited to, our belief that you no longer use the site or have violated the Terms of Use. You agree that any termination of your ability to access the Website or use the Service may be done without prior notice and you acknowledge that we may immediately deactivate or delete your account and all related information and files in your account, as well as bar further access to such files or the Service. We shall not be liable to you or any third party for any termination of your access to the Service.
  18. We do not monitor or review material before it is posted on the Website or through the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding any transmissions, communications, or material provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  19. Private Messaging. Private messaging (PM or PMing) is allowed, but be aware that:
    • Private Messages are just that – private. They will not be moderated. Please proceed with caution.
    • Abuse (such as unwanted language or unwanted behaviors) will result in a permanent ban.
    • You must keep a copy of any incidents to show to us; complaints may or may not lead to the banning of the alleged abuser.
  20. Meeting with Users. Should you wish to meet other Users (in person or over audio or video chat), you will do so at your own risk. You agree and understand that there may be risks associated with it and we are not responsible in any way for your meetings with other Users. We are not responsible for any incidents that may arise as a result of such meetings. You hereby waive any and all claims and release us from such claims that arise out of or are resulting from such meetings including claims of from negligence (whether sole, joint or concurrent), gross negligence, negligence per se, and/or strict liability; personal injury, death or property damage; acts of any other persons associated with meetings, and including, but not limited to, the general conditions of such meetings.
  21. We use a third-party provider to provide translation services on this website. You should always proceed with caution with machine-translated language. We are not responsible for any translation errors or any misunderstandings that may arise due to translated text.
  22. Content available on the Website or through the Service may include material provided by or received from third parties. We do not permit the use of Content on our Website that infringes on the trademark or copyrights of others and will remove any such content if properly notified of such violation in accordance with the procedure set forth below.
    • To notify us of alleged copyright or trademark infringement on our Website, send a written communication to the designated agent for such claims at legal@thebreastcancerclub.org.
    • Upon receiving the above information, we will promptly investigate and take appropriate action.
  23. For information on how we use and collect User information when visiting the Website or using the Service, please see our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy
  24. User acknowledges that we may establish general practices and limits concerning use of the Website and the Service, including limiting the number of days messages and other uploaded Content (or content) is retained by the Website, and the maximum duration for which an account can be accessed. You acknowledge that We have no responsibility or liability concerning the deletion or failure to store any messages maintained or transmitted by the Website. You acknowledge that we have the right to deactivate accounts that are inactive for an extended period of time.
  25. User acknowledges that the opinions and recommendations contained on the Website are not necessarily ours or likewise endorsed by us. All statements and opinions expressed in these materials, as well as all responses to questions and other content, save content expressly provided by us, are solely the opinions and the responsibility of the person or entity providing those materials.
  26. The Website may provide links to other sites which are not under our control. These links are provided for convenience and reference only and are not intended as an endorsement by us. We are not responsible or liable to you or any other third party for the content, usefulness, or accuracy of any material provided by a third party. Any reliance you place on such information is strictly at your own risk.
  27. Disclaimers.

    1. Medical Disclaimer. User acknowledges that the information on the Website is provided “as is” and for general information only. It is not intended as medical advice and should not be relied upon as a substitute for professional consultation with a qualified healthcare provider familiar with your individual medical needs.
    2. Disclaimer of Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” OR “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER WE AND NOR ANY PERSON ASSOCIATED WITH US WARRANTS ANY MATERIAL ON THE WEBSITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. FURTHERMORE, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS.
    3. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE WEBSITE OR OF ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED BY USING THE WEBSITE, OR ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING SUFFICIENT SAFEGUARDS TO SATISFY YOUR OWN PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.
    4. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PURPOSE, OR ANY WARRANTY THAT THE WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
    5. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  28. Limitation of Liability. IN NO EVENT WILL WE, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS BE LIABLE FOR DAMAGES (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES), OF ANY KIND ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR OTHER WEBSITES TO WHICH IT LINKS (INCLUDING THIRD-PARTY MATERIALS). THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS WEBSITE OR ANOTHER LINKED WEBSITE THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR INFRINGING ON YOUR INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL WE OR THIRD PARTIES THAT CONTRIBUTE INFORMATION TO THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE OF SUCH INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES. ADDITIONALLY, IN THE EVENT OF ANY CLAIM THEN OUR LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS.
  29. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  30. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  31. Indemnification. User agrees to indemnify, defend, and hold us harmless and our affiliates, licensors, and service providers, as well as their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, judgments, damages, expenses, losses, or liabilities arising out of or relating to your violation of the Terms of Use or your use of the Website, including, but not limited to, user submissions and any use of the Website’s material and services outside what has been expressly authorized in the Terms of Use.
  32. The Website (excluding linked sites) is controlled by us and is headquartered in the State of Kansas, United States of America. By accessing this Website, you agree that the statutes and laws of the State of Kansas, without regard to the conflicts of law principles thereof, will apply to all matters arising from or relating to the use of this Website. You also agree and hereby submit to the exclusive personal jurisdiction and venue of Kansas with respect to such matters. We make no representation that materials on the Website are appropriate or available for use in every location. Accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from such locations do so on their own initiative and are responsible for compliance with local laws.
  33. By using the Website or the Service, User agrees to receive electronic communications from us regarding your use of the Website or Service and that any notices, agreements, or other communications that we send to you will satisfy any legal requirements, including that the communications be in writing.
  34. If we do not exercise or enforce any particular right set forth in the Terms of Use, we do not waive that right. If a court finds any provision of the Terms of Use invalid, then you agree that the court should attempt to follow the intention of the provision and that all other terms of the Terms of Use will remain in effect.
  35. We reserve the right, at our discretion, to revise and update the Terms of Use at any time. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. Users are expected to check for updates to the Terms of Use from time to time. Continued use of the Website following the posting of revised Terms of Use indicates you have accepted and agree to the changes.