Terms and Conditions – revised

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Last updated October 25, 2020

I. Acknowledgment and Acceptance of Terms and Conditions

This Website Terms of Use Agreement governs your access to and use of the website located at www.fibrofoundation.org, www.fibroforum.org, and www.fibrolamellar.org, any pages of the website, and any and all options and services available on or through the website or otherwise provided by the Fibrolamellar Cancer Foundation (“Foundation,” “Fibrolamellar Forum”, “we,” “us” or “our” whose registered office is 20 Horseneck Lane, 2nd Floor, Greenwich, CT 06830), in connection with the website (the website and such options and services, collectively, the “Site”). By accessing, browsing, or using the Site, you are indicating that you have read and acknowledge and agree to be bound by this Terms of Use Agreement (“Terms and Conditions”), and the Company’s Privacy Policy located at www.fibrofoundation.org/privacy-policy/ and incorporated herein by reference.

You may be requested to affirm your acceptance of these Terms and Conditions on forms provided on the Site. If you do not agree to every provision of these Terms and Conditions and the Company’s Website Privacy Policy, you cannot access, browse, or use the Site.

These Terms and Conditions may be revised at any time for any reason, and Company may provide you notice of these changes by any reasonable means, including by providing notice through the Site. By accessing, browsing, or using the Site following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Site in a manner consistent with any and all applicable laws, rules, and regulations. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions. If you do not agree to the revised Terms, you may not access or use the Site.

II. This Site does not provide medical advice, diagnosis, or treatment

All content made available on or through the Site is for informational and educational purposes only. The content is not intended as and must not be relied upon as medical advice or for diagnosis or treatment purposes. The content may be inaccurate and may not be up to date. Always seek the advice of your personal oncologist, physician or other qualified health care professional for any questions you may have regarding a medical condition. Do not disregard or delay in seeking professional medical advice, diagnosis, or treatment because of anything you may read on the Site. If you think you may be having a medical emergency, call 911 or your healthcare professional immediately.

Use of this Site does not constitute a physician-patient relationship under any circumstances, even if information is provided by a physician. Questions asking for medical advice cannot be answered by the Fibrolamellar Cancer Foundation or its staff.

The Fibrolamellar Cancer Foundation does not recommend, endorse, validate, approve, or disapprove any specific tests, procedures, products, services, treatments, physicians, hospitals, opinions, third-party websites or related content, or any other information that may appear on the Site. Reliance on any content appearing on the Site or provided by the Fibrolamellar Cancer Foundation staff or on any information provided by third parties on the Site or on another website to which this Site is linked is solely at your own risk. The Fibrolamellar Cancer Foundation encourages you to verify any scientific or medical information found on or through the Site with your personal oncologist, physician or other qualified health care professional.

III. The Foundation is not required to comply with HIPAA

You understand and acknowledge that the Foundation is not providing you with “covered health services” such as the term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”). Any information that you provide to the Foundation through the Site will not be deemed in any way “protected health information,” and as such, the Foundation shall not be obligated to handle that information in a manner required by HIPAA. You acknowledge and agree that you will never assert against the Fibrolamellar Cancer Foundation any claims arising under HIPAA.

IV. Site content

The Site and all material on the Site or contained therein, including without limitation all content, design, algorithms and coding, all text, graphics, and other content on the Site, the Site’s design, algorithms and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”), are owned by the Foundation or a third-party.  The Site Content is protected under copyright, trademark, service mark, trade secret, or other intellectual property and other proprietary rights and laws. The Fibrolamellar Cancer Foundation may discontinue any aspect or feature of the Site at any time. You are authorized to download, copy, print, and distribute the Site Content only for informational, non-commercial purposes. Any copies must not alter the Site’s original contents, including all legal notices. You may create hyperlinks to this Site, so long as the hyperlinks do not imply or suggest that the Fibrolamellar Cancer Foundation has endorsed or validated the linking organization and so long as you are otherwise abiding by these Terms and Conditions. All trademarks displayed on the Site are the property of their respective owners, who may or may not be affiliated with the Fibrolamellar Cancer Foundation. You agree not to use the Site or Site Content in violation of any applicable laws, and not to impersonate any other person on or through the Site. You agree not to use the Site or the Site Content as a means to distribute advertising or any unsolicited material to any third party. The Fibrolamellar Cancer Foundation reserves all rights not expressly granted to you in these Terms and Conditions.

V. Right to use and access the site

In order to access and use certain areas or features of the Site, you may need to register for an account. When creating an account, the Foundation grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and make personal, non-commercial use of the Site, subject to your compliance with these Terms and Conditions.

By creating an account, you also you also request and authorize the Foundation to use your personal information to communicate with you, and you consent to receive electronic communications from the Foundation (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on any Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.

After you register on the Site, you may receive a password for your use of the Site. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account. You will close the browser window for the Site at the end of each use, and you will immediately notify us of any unauthorized use of your password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

All rights not expressly granted herein are reserved.

VI. User submissions and your use of the Site

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Site.  In addition, the Foundation has no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of User Content made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION AVAILABLE ON THE SITE, YOU DO SO AT YOUR OWN RISK AND THE FOUNDATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:  (a) use the Site in any unlawful manner or Transmit any content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including e-mail addresses, about other users of the Site; (c) Transmit any content: (i) that you do not have the right to Transmit under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) interfere with the Site or servers or networks used in connection with the Site; (e) interfere with the ability of others to use the Site; (f) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes any portion of the Site, the Site Content, or any content contained therein; (g) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (h) use data mining, robots, or other data gathering devices on or through the Site, unless specifically allowed by these Terms; (i) impersonate any person or entity, including, but not limited to, other users of the Site, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You acknowledge and agree that the Foundation may disclose or use any User Content that you Transmit for the purposes of:  (a) enforcing these Terms and Conditions; (b) complying with any laws, rules, or regulations of any federal, state, or local government or agency; (c) responding to claims that any content violates the rights of third-parties; or (d) protecting the rights or property of the Foundation, its partners, or the public.  With respect to User Content that you Transmit to the Site, you grant the Foundation a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such data, information, and other materials and to allow others to do so. Portions of the User Content may be used to inform future programs and services of the Foundation and may be provided in aggregate form to third parties to guide future fibrolamellar cancer research and treatment efforts. However, the Foundation will only share personally identifiable information that you have not made publicly available in accordance with the Privacy Policy at www.fibrofoundation.org/privacy-policy/.

If you believe that any content accessible on the site infringes your copyright, you may request removal of that content in writing. Please see 17 U.S.C. 512(c)(3) for details on how to submit such a request. Please submit any requests for removal to:

Fibrolamellar Cancer Foundation
20 Horseneck Lane, 2nd floor
Greenwich, CT. 06830
www.fibrofoundation.org

The Fibrolamellar Cancer Foundation welcomes your suggestions and input regarding the Site. Any suggestions, ideas, or input that you provide to the Fibrolamellar Cancer Foundation will not be treated as confidential, and the Fibrolamellar Cancer Foundation will have the right to use them as it chooses without compensation to you.

VII. Discussion areas of Site Are not private

Carefully consider what you post to the Site and make available to other users. Another user could use the information you post to the discussion areas of the Site in a negative manner. Information you post to the Site may be accessed or viewed by other users. You agree that you will not post any information you would not want to be publicly available. We urge you to carefully consider potential consequences of posting information on the Site prior to posting.

These Terms and the Privacy Policy apply to all User Content in the Site, including any data files you obtain from your healthcare provider and Transmit or post through the Site.

VIII. Information about others

You must keep personal information you receive through the Site confidential, including personal information related to other users, and you agree not to give such information to anyone without prior written permission from the person who provided it to you.

IX. Eligibility to use the Site

You must be over 18 years old or have the permission of a parent or guardian to use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site. You may not use the Site if you are under 13 years old. No part of the Site is directed to persons under the age of 13.

X. Liability of the Fibrolamellar Cancer Foundation

THE USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. THE FIBROLAMELLAR CANCER FOUNDATION, ITS STAFF, AND THE CONTRIBUTORS OF INFORMATION TO THE SITE SHALL NOT BE LIABLE FOR ANY DECISION OR ACTION TAKEN BY YOU IN RELIANCE ON THE SITE OR THE CONTENT, OR FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES), PERSONAL INJURY, OR DEATH RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, WHETHER OR NOT ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, PERSONAL INJURY, OR DEATH, AND REGARDLESS OF THE FORM OF CLAIM OR ACTION, WHETHER BASED ON THEORIES OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. YOU ACKNOWLEDGE THAT THE FIBROLAMELLAR CANCER FOUNDATION PROVIDES THE SITE AND THE CONTENT ON AN “AS-IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIBROLAMELLAR CANCER FOUNDATION DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATIONS OR WARRANTIES OF ACCURACY, COMPLETENESS, CURRENCY, TIMELINESS, USEFULNESS, AVAILABILITY, OR RELIABILITY. THE FIBROLAMELLAR CANCER FOUNDATION DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING SATISFACTION OF GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION REGARDING PRESCRIPTION DRUG PRODUCTS, MEDICAL DEVICES OR ANY MEDICAL PROCEDURES, OR REGARDING THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE WITH RESPECT TO THE CONTENT ON THE SITE. THE FIBROLAMELLAR CANCER FOUNDATION ALSO DOES NOT REPRESENT OR WARRANT THAT THE SITE OR CONTENT WILL BE FREE OF INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH DESTRUCTIVE PROPERTIES.

You agree to defend, indemnify, and hold harmless the Fibrolamellar Cancer Foundation and its officers, directors, employees, volunteers, and contributors of information to the Site from all claims, actions, demands, and liabilities (including reasonable attorneys’ fees) arising out of or related to your access to or use of, or your inability to access or use, the Site or its content, or your violation of these Terms and Conditions. This includes without limitation any claims related to content accessed through the site or another website to which it is linked that you believe to be offensive, obscene, defamatory, or to infringe upon your intellectual property rights.

XI. General

The owner of the Site is based in the State of Connecticut in the United States. The Fibrolamellar Cancer Foundation does not make any claim that the Site or its content are appropriate or may be downloaded outside 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 at your own risk and are responsible for complying with all applicable laws. If you are located outside the United States and you contact us or provide information through the Site, please be advised that any information you provide to us will be transferred to the United States, and that by submitting information, you explicitly authorize such transfer.

You agree that your use of this Site and the content, these Terms and Conditions, the Privacy Policy, and any dispute relating to the above are governed by the laws of the State of Connecticut without giving effect to its choice of law provisions. You agree that exclusive jurisdiction for any dispute relating to the above resides in the courts of the State of Connecticut and you consent to the exercise of personal jurisdiction by those courts for that purpose.

Unless stated otherwise on the site, these Terms and Conditions constitute the entire agreement between you and the Fibrolamellar Cancer Foundation with respect to your access to and use of the Site and its content. If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force.

The Fibrolamellar Cancer Foundation reserves the right to block or terminate your access to and use of the Site and the content for any reason and without any liability or further obligation to you, including without limitation if the Fibrolamellar Cancer Foundation believes that you have violated these Terms and Conditions or acted contrary to their spirit.

The Fibrolamellar Cancer Foundation may revise and update these Terms and Conditions at any time without notice to you. Accordingly, you should periodically review these Terms and Conditions. Your use of the site following any changes to these Terms and Conditions will constitute your acceptance of those changes.

Thank you for visiting this Site. Please contact us at www.fibrofoundation.org with any questions.

Effective date and initial publication: 2011