Terms and Conditions of Service

Updated: February 25, 2019

 

  1. Introduction

    These terms of use and conditions of service (“Terms of Service”) represent a binding agreement (the “Agreement”) between The Cancer Letter Inc. (“The Cancer Letter”, “we,” “us,” or “our”) and both (1) each institutional or individual subscriber who registers for or otherwise uses this site (a “Subscriber”), and (2) if the institutional subscriber has employees, each employee or other individual user who is given access to the site on behalf of the institutional subscriber (a “User”). The Cancer Letter requires both the Subscriber and each User to agree to these Terms of Service to be authorized to use this site. For purposes of these Terms of Service, the word “you” (as well as similar words like “your”) means both Subscribers and Users, whether or not these words are capitalized.

    By registering, using, and/or visiting The Cancer Letter website (the “Site”), you agree to be bound by these Terms of Service. Conditioned upon your acceptance of these Terms of Service, The Cancer Letter grants you permission to access and use the Services as set forth in these Terms of Service.

    These Terms of Service apply to each website, mobile site, application, and/or other service (collectively “Services”), regardless of how distributed, transmitted, published, or broadcast provided by The Cancer Letter that links to this document.

  2. Ability to Accept Terms of Service

    You must be 13 years or older to use any part of the Services in the USA and the UK, and 16 years or older anywhere else. If you are less than 18 years of age and would like to use the Services, ask your parent or legal guardian to review and agree to these Terms of Service.

  3. Updates and Amendments to the Terms of Service

    The Cancer Letter may revise these Terms of Service at any time by updating this page without notifying you. By continuing to use and access the Site, you agree to be bound by any variation made by The Cancer Letter. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. The Cancer Letter may place a notification on the Site to indicate significant changes to the Terms of Service. Continued use of the site means that you have accepted any modified terms and conditions.

  4. License

    The Services contain information, text, files, images, video, sounds, musical works, works of authorship, materials, applications, software, product names, company names, trade names, logos, designs, and any other materials or content (collectively, “Content”).

    You are granted a nonexclusive, nontransferable, limited license to access and use the Services and Content for the specific uses enumerated in the Terms of Service for noncommercial use only. Except as provided in these Terms of Service, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame, make available, or otherwise use any Content of the Services.

    The Cancer Letter reserves all rights to create derivative works based on the Content of the Services. You may not create derivative works of any Content of the Services without The Cancer Letter’s express written authorization.

    1. Circumvention
      You may not, either directly or through the use of any device, software, internet site, web-based service or other means, remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notice marked on the Content contained in the Services or any digital rights management mechanism, device, or other content protection, copy control, or access control measure associated with the Content. Except as necessary in order to make reference to The Cancer Letter or Services in a purely descriptive capacity, you are expressly prohibited from using any Content in any manner.

    2. Unauthorized Access and Use
      You may not, without The Cancer Letter’s written permission, “mirror” any Content available on the Services. You may not use the Services or Content for any unlawful or prohibited use. You may not use the Services in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining, or any other means.

  5. Registration

    You agree that all information you submit about yourself and your Users at registration is accurate and that you will keep it current. It is your responsibility to maintain the confidentiality of your account information, and you are responsible for all use of the Services accessed through it. You acknowledge and agree that The Cancer Letter may send you important information and notices regarding your account and the Services by email, text messaging or other means based on the information you provide to The Cancer Letter.

    If you suspect unauthorized use of your account, notify The Cancer Letter at info@cancerletter.com.

  6. Access to Content

    The Services are intended solely for your personal and noncommercial use. The Cancer Letter reserves the right to change, suspend, or discontinue the Services, or any portion thereof, without notice.

  7. Termination

    You may terminate your account at any time, for any reason, by emailing The Cancer Letter at info@cancerletter.com.

    The Cancer Letter may terminate your account, any subscription, and/or access to all (or any portion of) the Services at any time, for any or no reason, with or without prior notice or any explanation, and shall have no liability to you for such termination. If The Cancer Letter terminates your account, you may not create a new account, purchase a new subscription or attempt to access the Services without The Cancer Letter’s prior written approval. You agree that your account is non-transferable, and any attempted transfer shall be null and void. Any rights to your account and/or Services terminate upon your death.

  8. Fees

    The Cancer Letter reserves the right at any time to charge fees for access to the Services, or any portion thereof. You will not be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. If your account is cancelled before the end of a subscription period, The Cancer Letter may, at its sole discretion, issue a refund for the remaining time of the period. All fees will be posted on the Site and in other appropriate locations in the Services. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services. You authorize and direct The Cancer Letter to charge your designated payment method these fees and charges. If you select a subscription with a recurring payment, periodic subscription fees will be charged at the then-applicable rate upon expiration of each subscription term.

    Purchasing may require submission of personal information to independent third parties (“Payment Processer”) selected by, but not affiliated with The Cancer Letter. You acknowledge and agree that in the event the Payment Processor experiences a data breach that affects any of your information, The Cancer Letter will in no way be responsible or liable to you for any such data breach.

  9. Disclaimers, Limitation of Liability

    1. Product Disclaimers; Disclaimers of Warranty
      The Cancer Letter makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy, or completeness of any information on this site. The Cancer Letter does not represent or warrant that (a) the use of the site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the site or company’s products will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services and all content are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or noninfringement of third party rights, are hereby disclaimed to the maximum extent permitted by Applicable Law.

    2. Limitation of Liability
      In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the 12 month period immediately preceding the event giving rise to such claim. In no event shall either party be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this site, including but not limited to the use or inability to use the site, or for any content obtained from or through the site, any interruption, inaccuracy, error or omission, regardless of cause in any information contained herein, even if the party from which damages are being sought have been previously advised of the possibility of such damages.
      In no event may you bring any claim or cause of action against The Cancer Letter more than one (1) year after such claim or cause of action arises.
      Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

    3. No Professional Health Advice.
      The content available on or through these Services is in no way intended to and shall not be construed to: (a) constitute professional medical or health advice; (b) recommend, endorse, or advise regarding any medical product or treatment; or (c) diagnose, cure, or treat any medical, health or other condition. Always seek the advice of a qualified professional.

  10. Restrictions on Use of the Services

    You agree not to use the Services to:

    • Post, upload or otherwise transmit or link to content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory;

    • Violate the rights of others including patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;

    • Harass or harm another person;

    • Exploit or endanger a minor;

    • Impersonate or attempt to impersonate any person or entity;

    • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;

    • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Services; Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Services;

    • Cover, remove, disable, block or obscure advertisements or other portions of the Services;

    • Delete or revise any information provided by or pertaining to any other user of the Services;

    • Use technology or any automated system such as scripts, spiders, offline readers, or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent or modify any security technology or software that is part of the Services;

    • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If you do so, you acknowledge you will have caused substantial harm to The Cancer Letter, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay The Cancer Letter $50 for each actual or intended recipient of such communication;

    • Solicit, collect or request any personal information for commercial or unlawful purposes;

    • Post, upload or otherwise transmit an image or video of another person without that person’s consent;

    • Engage in commercial activity (including, but not limited to, advertisements or solicitations of, business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without The Cancer Letter’s prior written consent; using technology or other means to access, index, frame, or link to the Services (including the Content) that is not authorized by The Cancer Letter (including, without limitation, by removing disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of Content);

    • Accessing Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content;

    • Use the Services to advertise or promote competing services;

    • Use the Services in a manner inconsistent with any and all Applicable Law;

    • Attempt, facilitate or encourage others to do any of the foregoing.

  11. Removal of Material that Infringes Copyright

    The Cancer Letter respects the intellectual property of others and requires that our users do the same. The Cancer Letter reserves the right to remove or disable access to any transmission of Content that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3).

    1. If you believe materials on the Services violate your copyright
      If you believe any materials on or linked by the Services infringe your copyright, you must send to the Copyright Agent a written notification of claimed infringement that includes:

      1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that site;

      2. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material, such as the URL of the claimed infringing material;

      3. Information reasonably sufficient to permit The Cancer Letter to contact you, such as an address, telephone number, and an email address;

      4. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the Applicable Law.

      5. A statement by you that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

      6. Your physical or electronic signature.

      The Copyright Agent may be reached by mail, phone, or email at:

      Copyright Agent
      The Cancer Letter Inc.
      P.O. Box 9905
      Washington, D.C. 20016
      (202) 362-1809
      copyright@cancerletter.com

    2. If you posted material to the Services that was removed due to notice by a copyright owner
      If you posted material to the Services that was removed due to notice of a claimed infringement, The Cancer Letter will take reasonable steps to promptly notify you that the material was removed or disabled. This notification may be by general notice on the Services or by written or electronic communication to an address you have provided to The Cancer Letter.

      You may provide a counter notification in response to such notification by written communication to the Copyright Agent that includes the following:

      1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

      2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

      3. Your name, address, telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which The Cancer Letter is located, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or an agent of such person; and

      4. Your physical or electronic signature.

      Please note that, under 17 U.S.C. § 512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

  12. Third Party Links and Services

    The Cancer Letter may provide third party content on the Services and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that The Cancer Letter is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.

  13. Privacy

    Use of the Services is also governed by The Cancer Letter’s Privacy Policy, which is incorporated into this Agreement by this reference.

  14. Arbitration Agreement

    Any claim, dispute, or controversy between you (or your users) and The Cancer Letter arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this agreement), the content, submissions, materials or any related activities resulting from any of the foregoing shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (“AAA”), and shall be resolved by a single arbitrator sitting in Washington, D.C.

  15. Governing Law

    This Agreement will be interpreted and governed in all respects by the laws of the District of Columbia (“Applicable Law”) without regard to its choice of laws rules. Any dispute arising under these Terms of Use or in connection with your use of the Services shall be subject to the exclusive jurisdiction of the AAA in a proceeding described in Section XIV. You and The Cancer Letter hereby consent to the personal jurisdiction of the AAA.

  16. Indemnification

    You agree to indemnify and hold The Cancer Letter harmless from any claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of any warranties, representations and agreements set forth in these Terms of Service, including, without limitation, the use of the Services, your breach of this Agreement, or your unauthorized or improper use of any Content.

  17. Submissions

    If you upload, post, or submit any content to the Services (“Submissions”), you represent to The Cancer Letter that you have all the necessary legal rights to upload, post, or submit such content and it will not violate any law or the rights of any person. You retain ownership of any intellectual property rights that you hold in the Submissions. You grant The Cancer Letter a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, including the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute, perform, display, and otherwise exploit such content, in whole or in part in any form, media or technology now known or later developed.

  18. Other

    The failure of The Cancer Letter to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. Except as otherwise expressly provided herein, if any provision of the Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

    You agree that any notices The Cancer Letter may be required by Applicable Law to send to you will be effective upon The Cancer Letter sending an email message to the email address you have on file with The Cancer Letter, or publishing such notices on the informational page(s) of the Service.

  19. Agreement

    I have read this Agreement and agree to all of the provisions contained above.