Association of Cancer Online Resources, Inc.

Terms and Conditions

Welcome to our website, acor.org. The Association of Cancer Online Resources Inc. ("ACOR", "we", "us", or "our"), provides ACOR's public website at www.acor.org, its site on cancer pain at www.cancer-pain.org, its chat site at www.oncochat.org, its survey site at survey.acor.org, and the services, electronic mailing lists, message boards, chat rooms, discussion groups and archives available on these sites (collectively, the "Website") to you subject to the following terms and conditions (the "Terms and Conditions"). By accessing or using the Website, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

1. Website Overview and Medical Disclaimer.

You acknowledge and agree that:

  • (a) The Website is intended for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment;
  • (b) You will not rely on any information or content contained in the Website, regardless of the source or author of such information, and any such reliance will be solely at your own risk;
  • (c) You will seek the advice of your physician or your qualified health provider with respect to any potential or actual medical condition, treatment, or therapy;
  • (d) You will not disregard professional medical advice or delay seeking professional medical advice because of something you have read on the Website.
  • (e) ACOR does not recommend nor endorse any specific tests, products, procedures, opinions, or other information that may be referenced in the Website.

2. Accuracy of Information.

We attempt to be as accurate as possible when describing our services on the Website; however, to the extent permitted by applicable law, we do not warrant that the service descriptions or other content available on the Website are accurate, complete, reliable, current, or error-free.

ACOR does not control the content submitted or posted or made available for inclusion on the Website by users or subscribers of the Website ("User Content") and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. Under no circumstances will ACOR be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.

You acknowledge and agree that ACOR does not pre-screen User Content, but that ACOR and its designees shall have the right (but not the obligation) in their sole discretion to refuse, remove or delete any User Content that is available via the Website. Without limiting the foregoing, ACOR and its designees shall have the right to refuse, remove, or delete any User Content that violates the Terms and Conditions or is otherwise objectionable.

3. Privacy.

Please review our Privacy Policy which also governs your visit to the Website, so that you may understand our privacy practices.

4. User Content.

You acknowledge and agree that with respect to any User Content you submit, post or make available for inclusion on the Website, you grant ACOR the world-wide, royalty free, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

5. User Conduct.

You agree to not use the Website to:

  • (a) upload, post, email, transmit or otherwise make available any User 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;
  • (b) harm minors in any way;
  • (c) impersonate any person or entity, including, but not limited to, a ACOR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
  • (e) upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • (f) upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • (g) 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;
  • (h) 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;
  • (i) intentionally or unintentionally violate any applicable local, state, national or international law; or
  • (j) collect, store, or use for research, personal data or information about other users, except to the extent you are authorized in writing by ACOR.

6. Your Account.

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice. Without limiting the generality of the foregoing, we will refuse service to and terminate the accounts of users who repeatedly infringe the rights of others.

7. List-Managers.

Please be aware that each mailing list will be administered by list-managers (also known as list-owners) designated by ACOR. List-owners will have the authority to monitor compliance with the Terms and Conditions. In the event that a list-manager, in good faith, determines that a subscriber is not complying with the Terms and Conditions, then, without prejudice to any other rights or remedies provided hereunder or by applicable law, the list-manager may restrict such subscriber from participating in the mailing lists or other services available on the Website.

8. Intellectual Property.

All content available on the Website other than User Content (the "ACOR Content") is the property of ACOR, our partners or our licensors, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of ACOR, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our partners or our licensors that appear on the Website are the property of their respective owners.

Except as set forth in the limited license in Section 9 below, or as required under applicable law, the ACOR Content, the User Content (other than the User Content that you contributed), the Trademarks, and all other portions of the Website may not be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

9. Limited License.

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website subject to the terms and conditions contained in this Terms and Conditions. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.

The limited license set forth in this Section 9 does not include the right to: (i) modify or download the Website or its contents (except caching or as necessary to view content); (ii) make any use of the Website or its content other than personal use; (iii) create any derivative work based upon either the Website or its content; (iv) collect information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing our name or the Trademarks; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (v) may not portray us or our services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorized use by you of the Website terminates the limited license set forth in this Section 9 without prejudice to any other rights or remedies provided hereunder or by applicable law.

10. Third Party Links.

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

11. Representations and Warranties; Limitation of Liability.

THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-Website links on the Website; (e) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party WEBsites; OR (f) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

12. Indemnification.

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Website. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

13. Disputes.

With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute in excess of $3000 relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Any dispute below $3000 related to the Terms and Conditions or Privacy Policy shall be adjudicated in small-claims court in New York City in the State of New York in accordance with the applicable terms hereunder.

14. General.

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy constitute the complete and exclusive agreement between us concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.