This User Agreement covers the American Cancer Society Cancer Action Network, Inc.’s (“ACS CAN”) websites, which include: “asccan.org”, “canceractionnetwork.org”, “acscan.swiftmob.com”, “cancerpetition.org”, and “healthcarepetition.org” (the “Website”). This User Agreement supplements any additional guidelines or terms posted by ACS CAN in relation to specific site-related services or content. By using the Website, you agree to be bound by the version of the User Agreement then in effect. If at any point you no longer agree to the User Agreement, please discontinue your use of a Website.
ACS CAN reserves the right to change these terms and conditions at any time, without notice to you. You must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. You can determine whether the User Agreement has been modified since your last visit by checking the “Last updated” legend posted at the top of the User Agreement.
ACS CAN may deny service to you at any time, including in the event you do not adhere to the User Agreement.
Registered User Account, Password, and Security
As an option, users may register and create a personal account profile to provide more personalized information. 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. ACS CAN does not retain liability or responsibility for such use.
ACS CAN 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.
General Practices Regarding Use and Storage
Users acknowledge that:
- ACS CAN may establish general practices and limits concerning use of the Website, such as the maximum number of days that message board postings or other uploaded content is retained by the website;
- ACS CAN 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 Website servers;
- ACS CAN has the right to log off accounts that are inactive for an extended period of time; and
- ACS CAN reserves the right to change these general practices at any time with or without notice.
You understand that all information, data, text, photographs, graphics, messages, or other materials ("Content") posted is the sole responsibility of the person from which such content originated. This means that you, and not ACS CAN, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the Website. You agree to not use the Website 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 ACS CAN 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 Website;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Website 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 ACS CAN 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 Website, regardless of whether it violates 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.
By submitting communications or content to any part of the Website 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. You should exercise caution when deciding whether or not to disclose your personal information. If you believe another user is improperly collecting or using information about you or others, please contact us at [email protected].
Any submission to the Website will be deemed and remain the property of ACS CAN. You grant—or warrant that the owner of such content has expressly granted—ACS CAN 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.
Although ACS CAN has no obligation to monitor submissions, you acknowledge and agree that we may do one or all of the following: (a) monitor the submissions; (b) alter, edit, or remove any submission; or (c) disclose any submissions.
You acknowledge that the opinions or recommendations contained in the Website are not necessarily those of ACS CAN or endorsed by ACS CAN.
ACS CAN may provide links on the Website to other websites which are not under the control of ACS CAN. These links are provided for convenience only and are not intended as an endorsement by ACS CAN of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website. To read our Linking Policy, click here.
Usage of Content
ACS CAN reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any part thereof with or without notice. You agree that ACS CAN shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
You agree that ACS CAN, in its sole discretion, may permanently terminate your password, account (or any part thereof) or use of the Website, remove and discard any content within the Website, and/or notify your Internet Service Provider for any reason, including, without limitation, for lack of use or if ACS CAN 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 ACS CAN 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 Website. The IP addresses of all posts are recorded to aid in enforcing these conditions. Further, you agree that ACS CAN shall not be liable to you or any third-party for any termination of your access to the Website.
Disclaimer of Warranty
ACS CAN 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 ACS CAN 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, the Website or the information contained in the Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from the 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 ACS CAN or the contributors of information to the 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. Your sole remedy for dissatisfaction with the Website is to stop your use of it.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ACS CAN infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to:
Timothy Phillips, General Counsel
American Cancer Society Cancer Action Network
555 11th Street NW
Washington, DC 20004
American Cancer Society Cancer Action Network, the American Cancer Society Cancer Action Network Logo Design, American Cancer Society, the American Cancer Society Logo Design, Coaches vs. Cancer, Daffodil Days, Great American Smokeout, Hope.Progress.Answers, Making Strides, Making Strides Against Breast Cancer, Reach To Recovery, Relay For Life, Colleges Against Cancer, and other marks, are registered service marks of the American Cancer Society, Inc.
The mark, American Cancer Society Cancer Action Network, is a registered trademark of the American Cancer Society, Inc.
The Website (excluding linked sites) is controlled by ACS CAN, which is headquartered in the District of Columbia, 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 the District of Columbia, by accessing the Website both you and ACS CAN agree that the statutes and laws of the District of Columbia, without regard to its conflicts of laws principles, will apply to all matters arising from or relating to use of the Website or this User Agreement. You and ACS CAN also agree to submit to the exclusive personal jurisdiction of any court located in the jurisdiction of the District of Columbia, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections with respect to such matters.
ACS CAN 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 initiative, at their own risk, and are responsible for compliance with all local laws.