Terms and Conditions of Use
Last Updated December 15, 2019
These Terms and Conditions of Use (“Terms”) apply when you view or use the website located at prescription2learn.org (the “Site”). The Site is operated by CANCER101, Inc. (“CANCER101” or “us”). By accessing or using the Site, you signify your agreement to these Terms. If you do not agree to these Terms, you may not access or use the Site. By accessing this Site, you agree that you have read, understood, and agreed to these Terms. By using the Site, you represent and warrant that you are of legal age to form a binding contract with CANCER101.
Notice of Agreement to Arbitrate and Class Action Waiver
Description of Service
The site currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, hotlines, online communities, live support groups, personalization features, book/publication offerings, brochures, mobile apps, podcasts, videos, various communication tools, and links to other websites (“Information”). The Information provided on or accessible from the Site is designed for educational purposes only, and it is provided with the understanding that CANCER101 is not engaged in rendering medical advice or recommendations. Prescription to Learn (“P2L”) is not a medical prescription and CANCER101 does not warrant the accuracy, completeness or usefulness of this Information. CANCER101 is a non-profit organization and is not a physician practice or healthcare entity that provides medical or healthcare services. CANCER101’s services, including P2L, are administered by volunteers who are not acting in a medical or healthcare capacity.
ANY RELIANCE YOU PLACE ON THE INFORMATION FOUND ON THE SITE IS STRICTLY AT YOUR OWN RISK. CANCER101 DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. IF YOU THINK YOU MAY HAVE A MEDICAL CONDITION, YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR ANOTHER QUALIFIED HEALTH CARE PROVIDER. CANCER101 DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, TREATMENTS, PRODUCTS, PROCEDURES, HEALTH CARE PROVIDERS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE.
You understand and agree that CANCER101 does not create, control, endorse or validate the Information on or accessible from the Site and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Information. You acknowledge and agree that the opinions and recommendations provided on or accessible from the Site are not necessarily those of CANCER101. CANCER101 may provide links on the Site to other websites which are not under the control of CANCER101, and these links are provided for convenience and are not intended as an endorsement by CANCER101 of the organization or individual operating the website or a warranty of any type regarding the website or the information available on the website. You further acknowledge and agree that CANCER101 will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use or reliance on any Information including information available on or through any other website.
Access and Use of Site
CANCER101 grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site in accordance with these Terms. You acquire no right to the Site or to the information and data contained in or produced by the Site, except for the right to use such information and data solely for your own personal purposes at your own risk, pursuant to these Terms. You do not have the right to sublicense, assign or transfer this license or the data and output produced by the Site to a third-party. This license shall terminate immediately upon violation of these Terms.
Ownership of the Site
The Site, including all content and photographs displayed on the Site and all underlying software or technology used in connection with the Site, and all aspects thereof, including all copyrights, trademarks, patents and other intellectual property or proprietary rights therein, is owned by CANCER101 or its licensors. You acknowledge that the Site, the content and photos displayed on the Site and any underlying technology or software used in connection with the Site contain CANCER101’s and its licensors proprietary information. You may not commercially exploit any part of the Site, except as expressly permitted by CANCER101 in advance in writing. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in these Terms or as permitted by the United States Copyright Act. “CANCER101”, “C101” and “PRESCRIPTION TO LEARN” are trademarks of CANCER101 or its licensors. All rights in the Site not expressly granted by CANCER101 to you are retained by CANCER101 or its licensors.
Apart from your own medical or personal data, you may not modify or copy in any way any content you obtain from this Site, distribute or transmit it to any other person or company for commercial purposes, frame or otherwise display any of the content of this Site on your own or any other website or any other platform or medium, use such content in any way that is competitive with CANCER101 or disparages CANCER101, mass distribute such content through electronic or other means, or make any other use of such content. Such modification, distribution or transmission, display, or use shall constitute a breach of these Terms and infringe on the copyrights, patents, trademarks, and/or other intellectual property rights owned by or licensed to CANCER101.
You may not decompile, reverse engineer or reverse assemble any portion of the Site or underlying software. If you download and/or print any content of this Site, you agree to maintain any and all patent, copyright, and trademark notices and other notices or statements of proprietary rights appearing on such content and to not remove, obliterate or cancel from view any such notices or statements.
You agree not to interrupt or attempt to interrupt the operation of the Site. You must not: damage, disable, overburden, or impair the Site; resell or redistribute the Site or any part of it; use any unauthorized means to modify, reroute, or gain access to the Site or attempt to carry out these activities. You may not use any automated tool to mine the Site for information or to fill out forms on the Site. We reserve the right to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We make all judgments concerning the applicability of these guidelines in our sole and exclusive discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. You may only use the Site for lawful purposes. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law.
Modification of Terms and Conditions of Use
We can amend these Terms at any time and will update these Terms in the event of any such amendments. If you continue to use the Site, you signify your agreement to our revisions to these Terms.
Term and Termination.
Your obligations under these Terms shall continue for so long as you access or use this Site or use or maintain any of the content of this Site or copies thereof. You may terminate your obligations at any time by discontinuing your use of this Site and by destroying all content obtained from it, and all copies thereof. However, your termination of these Terms does not relieve you from liability resulting from your failure to comply with the obligations of these Terms before such termination, and CANCER101 reserves the right to enforce such pretermination obligations before or after you terminate these Terms. CANCER101 reserves the right, in its sole discretion, to terminate your access to or use of this Site and any related services or any portion thereof at any time and for any reason, including, without limitation, breach of these Terms.
Links to Other Sites and/or Materials
These Terms apply only to this Site and not to any third party websites. We may post links to other websites on the Site. These links are provided as a courtesy to Site visitors. CANCER101 has no control over linked websites or the materials, information, goods or services available on these websites. CANCER101 is not responsible for and does not endorse or warrant any materials, information, goods or services available through any linked websites or any privacy or other practices of such websites. CANCER101 may terminate any link at any time.
Email May Not Be Used to Provide Notice
Communications made through the Site’s e-mail and messaging system will not constitute legal notice to CANCER101 or any of its officers, employees, agents or representatives in any situation where notice to CANCER101 is required by contract or any law or regulation. Legal notice to CANCER101 must be provided to the following address: [email protected]Disclaimer of Warranties and Liability; Exclusion of Damages
THE SITE IS PROVIDED “AS IS.” CANCER101, P2L, THEIR AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BOTH INDIVIDUALLY AND COLLECTIVELY, MAKE NO REPRESENTATIONS WITH RESPECT TO THE CONTENTS OF THE SITE AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USAGE, APPLICATION OR PURPOSE. WITHOUT LIMITING THE FOREGOING, CANCER101 MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SITE.
Accuracy of Information
CANCER101 strives to provide accurate and updated information on the Site. However, CANCER101 does not warrant that the information on the Site is complete, accurate, up to date, not misleading or free from error.
No Medical Advice
You acknowledge and agree that the information on the Site 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 healthcare professionals who are familiar with your individual medical needs. It is strongly recommended that patients and their caregivers consult with their healthcare professional regarding their health condition before starting, terminating or modifying any treatment.
Exclusion of Damages
IN NO EVENT SHALL CANCER101, P2L, THEIR AFFILIATES, THEIR LICENSORS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, NOR ANY THIRD PARTIES (INCLUDING THOSE MENTIONED ON THE SITE) BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITY THEORY AND WHETHER OR NOT SUCH PERSONS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, CANCER101’s liability is limited to the extent permitted by law, thereby minimizing CANCER101’s liability to you to the lowest amount permitted by applicable law.
Limitation on Liability
To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to the Site, including without limitation any product or service acquired through the Site, shall be limited to a refund of any amount you paid for such product or service.
You agree to defend, indemnify and hold harmless CANCER101, P2L, their affiliates and licensors and their respective officers, directors, shareholders, employees, agents, and representatives, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, debt and expenses (including attorney’s fees) arising from: (a) your use of or access to the Site; (b) your violation any of these Terms and related policies; (c) your violation of any third party right, including any copyright, patent, trademark, trade secret, or other intellectual property right or privacy right, or (d) your violation of any applicable laws, rules or regulations. The foregoing defense and indemnification obligation will survive the Terms and your use of the Site. CANCER101 shall provide notice to you of any such claim, action or demand and may, in CANCER101’s sole discretion, assist you, at your expense, in the defense or settlement of such claim, action or demand.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any content available through the Site infringes upon your copyrights, you may submit a copyright infringement notification to CANCER101 including pursuant to the Digital Millennium Copyright Act by providing CANCER101 with the following information in writing:
- an electronic or physical signature of the copyright owner or 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, with enough detail that we may find it 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 are authorized to act on the copyright owner’s behalf.
Please consult your legal counsel for further details or see 17 U.S.C. § 512(c)(3). CANCER101’s agent for notice of claims of copyright infringement can be reached as follows:
By mail: 222 Broadway, 19 th Floor, NY, NY 10038
By phone: 646-638- 2202
By fax: 646-349- 3035
By email: [email protected]
These Terms and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York.
Unless otherwise agreed by you and CANCER101 in writing, you and CANCER101 shall resolve all disputes arising from or related to the Site and the Terms through binding arbitration administered by the American Arbitration Association or the Judicial Arbitration and Mediation Services (as determined by CANCER101) in accordance with their applicable rules. Any arbitral award may be submitted to, and you and CANCER101 hereby consent to the jurisdiction of, the state and federal courts in the State of New York. Any claims that for any reason are not submitted to arbitration as specified above shall be submitted to the state and federal courts in the State of New York, and you and CANCER101 agree to the exclusive jurisdiction of such courts with respect to such claims.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
If any provision or part of a provision of these Terms is contrary to applicable law, the remaining part of the provision and the remaining provisions of these Terms will remain in effect.
CANCER101 is based in the State of New York in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Participation in P2L is strictly limited to persons located in the United States.
Suggestions and Feedback
CANCER101 welcomes your feedback and inquiries. If you have any comments or questions, please contact us by emailing us at [email protected]