This World Wide Website with its home page in the domain “survivortesting.com” (the “Website”) is a complementary information and interactive community service offered by the www.SurvivorTesting.com. (“SurvivorTesting”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. SurvivorTesting reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
Description of service
SurvivorTesting currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and various communication tools (the “Service”). SurvivorTesting assumes 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.
Registered user account, password, and security
If available on cancer.org or other SurvivorTesting websites, users may register and create a personal account profile to provide more personalized information. You also may be able to link a social site account with your SurvivorTesting personal account. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. SurvivorTesting does not retain liability or responsibility for such use.
Note: The connection between accounts is established and provided in a secure manner by a social network connection provider. Neither your User Name or Password is stored by this provider.
General practices regarding use and storage
Users acknowledge that SurvivorTesting may establish general practices and limits concerning use of the SurvivorTesting website, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the website. The maximum number of emails that can be sent or received by an account, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that SurvivorTesting has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SurvivorTesting website servers. You acknowledge SurvivorTesting has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SurvivorTesting reserves the right to change these general practices at any time with or without notice.
Registered user conduct
You understand that all information, data, text, photographs, graphics, messages, or other materials (“Content”) publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not SurvivorTesting, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to:
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, an SurvivorTesting official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- “stalk” or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge that SurvivorTesting and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. SurvivorTesting and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that SurvivorTesting may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SurvivorTesting, its users and the public.
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this website will be deemed and remain the property of SurvivorTesting. You grant–or warrant that the owner of such content has expressly granted SurvivorTesting a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Notification of infringing content
The content available on the Website may include content provided by or received from third parties. SurvivorTesting does not permit the use of content on its websites that infringes on the trademarks 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 SurvivorTesting of alleged copyright or trademark infringement on any SurvivorTesting website, send a notice to the address down below. Please provide ALL of the following information (as required by 17 U.S.C. §512(c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SurvivorTesting to locate the material;
- Information reasonably sufficient to permit SurvivorTesting to contact you, such as your name, mailing address, telephone number, and, if available, an electronic mail (“email”) address;
- This statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the material’s owner, or its agent, or the law.”; and
- A statement that the information in the notification is accurate and that the signatory to the notice has the authority to enforce the rights that are the subject of the infringement claim.
Upon receipt of the above information, SurvivorTesting will promptly investigate and take appropriate action, then notify you of that action at the contact address provided.
Designated Agent for Notification of Claimed Copyright Infringement
Modifications to the service
SurvivorTesting reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SurvivorTesting shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You agree that SurvivorTesting, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if SurvivorTesting believes that you have violated or acted inconsistently with the letter or spirit of this user agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that SurvivorTesting may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that SurvivorTesting shall not be liable to you or any third-party for any termination of your access to the Service.
You acknowledge that the information on the Website is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs.
Disclaimer of warranty
SurvivorTesting makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
Limitation of liability
You agree that you will hold harmless SurvivorTesting and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will SurvivorTesting or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of the SurvivorTesting or endorsed by SurvivorTesting. SurvivorTesting may provide links on the Website to other websites which are not under the control of SurvivorTesting. In general, any website which has an address (or URL) which does not contain “cancer.org” is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by SurvivorTesting of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Usage of content
Unless otherwise indicated, all information contained on this website, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to the American Cancer Society, Inc., 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 SurvivorTesting’ 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 user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of the SurvivorTesting, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
This Website (excluding linked sites) is controlled by SurvivorTesting which is headquartered in the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by accessing this Website both you and SurvivorTesting agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the American Cancer Society also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of DeKalb County, Georgia and the United States District Court for the Northern District of Georgia with respect to such matters. SurvivorTesting makes no representation that materials on the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiativ