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Welcome to the MY BREAST CANCER JOURNAL web site ("Site"), which is
registered to Morton Plant Hospital ("we", "our", or "us").
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
Please review the following User Agreement ("Agreement") that governs your
use of our Site. Please note that with each use of our Site, you unconditionally
agree to follow and be bound by this Agreement. If you do not agree to these
terms, you should not review information on or use the Site. Although you may
bookmark a particular portion of this Site and/or bypass this Agreement, your use
of this Site still binds you to the terms of this Agreement. We reserve the right to
update or modify this Agreement at any time without prior notice. Your use of the
Site following any such change constitutes your unconditional agreement to
follow and be bound by the Agreement as amended. For this reason, you should
review this Agreement whenever you use this Site.
The contents of the Site, such as text, graphics, images, information obtained
from our licensors, and other material contained on the Site ("Content") are for
informational purposes only. The Content is not intended to be a substitute for
professional medical advice, diagnosis, or treatment. Always seek the advice of
your physician or other qualified health provider with any questions you may
have regarding a medical condition. Never disregard professional medical advice
or delay in seeking it because of something you have read on the Site!
If you think you may have a medical emergency, call your doctor or 911
immediately. We do not recommend or endorse any specific tests, physicians,
products, procedures, opinions, or other information that may be mentioned on
the Site. Reliance on any information provided by us, our employees, others
appearing on the Site, or other visitors to the Site is solely at your own risk.
The Site may contain health-related or medical-related materials that are sexually
explicit. If you find these materials offensive, you may not want to use our Site.
We are committed to protecting the privacy of children. You should be aware that
this Site is not intended or designed to attract children under the age of 13. We
do not collect personally identifiable information from any person we actually
know is a child under the age of 13.
Acceptance of Agreement: You agree to the terms and conditions of this
Agreement. This Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, if any, and the
subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED AT
ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO
YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU
SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE.
Intellectual Property: The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, patents, trademarks and other proprietary
and/or intellectual property rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed by the
Limited Right to Use Section of this Agreement, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not
constitute a waiver of any right in such information and materials. You shall not
be permitted to copy or reproduce any portion of the Site. We (and our suppliers
and licensors) expressly reserve all intellectual property rights in all text,
programs, products, processes, technology, content and other materials which
appear on this Site. Access to this Site does not confer and shall not be
considered as conferring upon anyone any license under any of our or any third
party's intellectual property rights. References on this Site to any names, marks,
products or services of third parties or hypertext links to third party sites or
information are provided solely as a convenience to you and do not in any way
constitute or imply our endorsement, sponsorship or recommendation of the third
party, information, product or service. We are not responsible for the content of
any third party sites and does not make any representations regarding the
content or accuracy of material on such sites. If you decide to link to any such
third party web sites, you do so entirely at your own risk.
Trademarks: Product, service and company names mentioned on the Site are
trademarks of their respective owners.
Limited Right to Use: The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, non-exclusive
license for use solely by you for you own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be reproduced in any
form or incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or redistribution).
No right, title or interest in any downloaded materials or software is transferred to
you as a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale of or exploit in any way, in
whole or in part, any of the Contents, the Site or any related software. All
software used on this site is the property of us or our suppliers and protected by
U.S. and international copyright laws. The content and software on this site may
be used only as an informational resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display, or
performance, of the Content on this site is strictly prohibited.
Editing, Deleting and Modification: We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site.
Site Security: Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a) accessing data not intended
for such user or logging onto a server or an account which the user is not
authorized to access; (b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a virus to the Site,
overloading, flooding, spamming, mailbombing or crashing; (d) sending
unsolicited email, including promotions and/or advertising of products or services;
or (e) forging any TCP/IP packet header or any part of the header information in
any email or newsgroup posting. Violations of system or network security may
result in civil or criminal liability. We may investigate occurrences that may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations. You agree
not to use any device, software or routine to interfere or attempt to interfere with
the proper working of the Site or any activity being conducted on the Site. You
agree not to use or attempt to use any engine, software, tool, agent or other
device or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search the Site other than the search
engine and search agents available from us on the Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
User Comments and Submissions: All comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted or offered to us
on or by the Site or otherwise disclosed, submitted or offered in connection with
your use of the Site (collectively, the "Comments") shall be and remain our
property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to us of all worldwide right, title and interest in all copyrights and
other intellectual properties in the Comments. Thus, we will own exclusively all
such right, title and interest and shall not be limited in any way in its use,
commercial or otherwise, of any Comments. We are and shall be under no
obligation (1) to maintain any Comments in confidence, (2) to pay to user any
compensation for any Comments, or (3) to respond to any user Comments. You
agree that no Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal or
proprietary rights. You further agree that no Comments submitted by you to the
Site will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any
Comments you make. We welcome your comments regarding the Site. However,
any Comments submitted by you shall be and remain the exclusive property of
us. For this reason, we ask that you not send us any comments that you do not
wish to assign to us, including any confidential information or any original
creative materials such as stories, product ideas, computer code or original
artwork.
Indemnification: You agree to indemnify, defend and hold us and our owners,
shareholders, directors, officers, employees, subsidiaries, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss, claim and
expense, including attorneys' fees, related to your violation of this Agreement or
use of the Site.
Nontransferable: Your right to use the Site is not transferable. Any password or
right given to you to obtain information or document is not transferable, and shall
be held strictly confidential.
Disclaimer: THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES,
PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE
SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL WE OR ANY OF OUR PARENTS,
SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY
OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT
OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF
RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF OUR
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID
BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX
MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Securities Laws: The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are based
upon a number of assumptions and estimates that are subject to significant
uncertainties, many of which are beyond our control. When used on the Site,
words like "anticipates," "expects," "believes," estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site, and the information contained herein, does not constitute
an offer or a solicitation of an offer for the purchase or sale of any securities.
Information and Press Releases: The Site contains information and press
releases about us. While this information was believed to be accurate as of the
date prepared, we disclaim any duty or obligation to update this information or
any press releases. Information and news articles not drafted by us and
information about companies or individuals other than us contained in the press
releases or otherwise should not be relied upon as being provided or endorsed
by us.
Use of Information: We reserve the right, and you authorize us, to use and
assign all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy section.
Termination: This Agreement is effective unless and until terminated by either
you or us. You may terminate this Agreement at any time, provided that you
discontinue all further use of the Site. We also may terminate this Agreement at
any time and may do so immediately without notice, and accordingly deny you
access to the Site, if in our sole discretion you fail to comply with any term or
provision of this Agreement. Upon any termination of this Agreement by either
you or us, you must promptly destroy all materials downloaded or otherwise
obtained from the Site, as well as all copies of such materials, whether made
under this Agreement or otherwise. This Agreement is effective unless and until
terminated by either you or us.
General Compliance with Laws: You shall comply with all applicable laws,
statutes, ordinances and regulations regarding use of the Site, our products and
services, and your purchases and browsing.
No Agency: You and we are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement or your use of the Site.
Links to Other Websites: The Site may contain links to third-party websites. We
are not responsible for the content, accuracy or opinions expressed in such thirdparty
websites, and any such third-party websites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of any linked thirdparty
website on the Site does not imply approval or endorsement of the linked
third-party website by us. If you leave the Site and access these third-party
websites, you do so at your sole risk.
Information: You represent and warrant that any information you supply is true,
correct and complete.
Copyrights and Copyright Notices: We respect the intellectual property of
others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide us the
following information:
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located
on the Site;
- Your address, telephone number, and email 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, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner
or authorized to act on the copyright owner's behalf.
Miscellaneous: This Agreement shall be treated as though it were executed and
performed in Pinellas County, Florida, and shall be governed by and construed in
accordance with the laws of the State of Florida, without regard to conflict of law
principals. Any cause of action by you with respect to the Site (and/or any
information, goods or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred. All legal
proceedings arising out of or in connection with this Agreement (and/or any
information, goods or services) shall be brought solely in Pinellas County,
Florida. You expressly submit to the exclusive jurisdiction of said courts and
consent to extraterritorial service of process. All actions shall be subject to the
limitations set forth in the Disclaimer Section and Limitation of Liability Section of
this Agreement. The language in this Agreement shall be interpreted as to its fair
meaning and not strictly against either party. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed consistent with
applicable law and the remaining portions shall remain in full force and effect.
This Agreement constitutes the entire and only agreement between us and you
and supercedes any and all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, goods and services provided by or through the Site, and the subject
matter of this Agreement. To the extent that anything in or associated with the
Site is in conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision.
THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO
TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT
WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS
AGREEMENT PRIOR TO USING THE SITE. |
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