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CDECS Inc. TERMS OF USE AGREEMENT
Welcome to CommuniCancer.com! CDECS Inc. provides CommuniCancer.com to you subject to the following Terms of Service ("TOU"), which may be updated by us at any time and from time to time without notice to you. You agree to be bound to any changes to the Terms when you use the Service after any such modification is posted. You can review the most recent TOU at any time at ../TermsAndConditions.html. The TOU are subject to change at any time by CDECS Inc. ("CDECS"), and such modification shall be effective upon posting on the Website. When using particular CDECS services, you shall be subject to any posted instructions, guidelines, directives or rules ("Rules") applicable to such services which may be posted at any time and from time to time, on the Service. All such Rules are hereby incorporated by reference into the TOU.
Agreement to Terms
This is a legally binding Agreement between you, the user of the Website Service ("Service"), and CDECS Inc. ("CDECS"). It is effective from the moment you first use the Service. You will be deemed to have accepted all the provisions of this Agreement without modification the first time you access, browse or use the Service. By registering as a member ("Member") and making use of the Services, you further affirm your acceptance of the TOU. Please read this Agreement very carefully before submitting your application for membership. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICE OR SUBMIT YOUR APPLICATION FOR MEMBERSHIP.
Description of Service
Subject to availability and to this Agreement, CDECS currently provides the CommuniCancer.com within the terms and conditions specified herein. You understand and agree that the Service may include advertisements and that these advertisements are necessary for CDECS to provide the Service. You also understand and agree that the Service may include certain communications from CDECS, such as service announcements and administrative messages, and that these communications are considered a part of your Membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that are added from time to time to the current Service shall be subject to the TOU. You understand and agree that the Service is provided "AS IS" and "AS AVAILABLE" and that CDECS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are solely responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of CommuniCancer.com, including, without limitation, any text, graphics, images, information and other materials you may obtain on or through the Service ("Content"), whether from CDECS, any users, or any third party are strictly for informational purposes only. The Content is NOT a substitute for professional medical advice, diagnosis or treatment. If you have or think you may have a medical condition, you should consult with your physician or other qualified health provider immediately with any questions you have regarding you medical condition. DO NOT disregard professional medical advice or delay seeking it because of anything you may read on this Website. CDECS does not recommend or endorse any tests, medical professionals, products, procedures, opinions or other information you may obtain on or through this Website. Reliance on any information provided through this Website is solely at your own risk.
Membership
CDECS may, in its absolute discretion, accept or refuse your application for membership. If your application for membership is accepted, you will have access to certain membership privileges, as determined and provided by CDECS, for as long as you remain a member. Although membership itself is without charge at present, CDECS reserves the right to charge for membership in the future. Furthermore, certain membership services may be with or without charge as determined, from time to time, by CDECS. Where applicable charges are not agreed to and/or paid by you as a member, CDECS reserves the right to deny you access to those membership services and to terminate your membership.
Personal Use Only
Your membership is for your personal, non-commercial use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of CDECS. You shall not use your membership to Post commercial advertisements, affiliate links, chain letters, junk messages, spam, contests, sweepstakes, pyramid schemes, or any other form of solicitation whatsoever of any products or services. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be investigated. In order to protect our Members from such advertising or solicitation, CDECS reserves the right to restrict the number of emails that a Member may send in any 24-hour period to a number which CDECS deems appropriate in its sole discretion.
Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CDECS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CDECS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Membership Rules
As a Member, you agree to the following Membership Rules:
1. In order to register as a Member or use this site you must be OVER THE AGE OF 18 or BE 14 YEARS OF AGE OR OLDER AND OBTAIN PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN WHO ACCEPTS THE TERMS OF THIS AGREEMENT. Membership is void where prohibited.
2. By using the Website and Service, you represent and warrant: (i) that all registration information you submit is truthful and accurate; (ii) that you agree to maintain the accuracy of such information; (iii) that your use of the Website and Service shall not violate any applicable law or regulation; and (iv) that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions contained within this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or CDECS has reasonable grounds to suspect the same, CDECS reserves the right to review your Membership and to take appropriate action.
3. Your Membership is for your sole use. You will not impersonate someone else, distribute your user name and password to allow any third party access to your account or use the Services through your Membership, or use the account, username, or password of another Member at any time.
4. You are solely responsible for your interactions with other members and all information, content, messages, instant messages, photos, profiles, journal entries, journal commentaries, or profile commentaries (collectively, "Content") you post, communicate, transmitted, publish, email, or display (hereinafter, "Post"). This means that you, and not CDECS, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The Website, with regards to this user-generated content, acts solely in the capacity as a distributor, and assumes no responsibility of any kind whatsoever for such content. The Website allows, but does not encourage in any way, submission of personal information for distribution over the Internet. If you are under the age of 18, the Posting of your last name, past, present, or future schools attended, email addresses, URLs, telephone numbers, or street addresses in your profile is prohibited. Regardless of age, Posting of email addresses, URLs, telephone numbers or street addresses in your profile is prohibited. CDECS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will CDECS be liable in any way for any Content, including, without limitation, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
5. You represent and warrant that you own any Content Posted by you on the Website or otherwise have a license to publish or distribute it. You agree to pay all royalties and fees owing any person or entity if Content you Post violates the privacy rights, copyright rights, or other intellectual property rights of any person or entity.
6. You will not Post Prohibited ("Prohibited") Content, which includes, without limitation, Content that:
(i) is unlawful, defamatory, slanderous, offensive, inaccurate, abusive, profane, vulgar, obscene, libelous, tortious, sexually offensive, threatening, harassing, an invasion of privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) contains nude or pornographic photos and images of yourself or others;
(iii) described in section 7 of the Membership Rules;
(iv) impersonates any person or entity, including, without limitation, a CDECS official or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
(v) makes available information that you know to be false or misleading;
(vi) makes available any Content that infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party;
(vi) promotes illegal activities or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(vii) contains restricted or password only access pages or hidden pages or images;
(viii) is harmful to minors in any way, or solicits personal information from anyone under 18;
(ix) solicits passwords or personal identifying information from other users for commercial or unlawful purposes;
(x) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the profile;
(xi) makes available any unsolicited or unauthorized commercial advertisements, affiliate links, chain letters, junk messages, spam, contests, sweepstakes, pyramid schemes, or any other form of solicitation whatsoever of any products or services;
(xii) makes 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;
(xiii) interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; and
(xiv) intentionally or unintentionally violates any applicable local, provincial, state, territorial, national or international law;
Appropriate legal action will be taken by CDECS for any prohibited, illegal, or unauthorized use of the Website. Although CDECS is not responsible for and does not monitor off-site communications, you will not obtain contact information from other Members on-site with the intent of taking the Prohibited activities described here off-site without prior explicit consent from them.
7. You acknowledge that CDECS, in its sole discretion, has the right, but not the obligation, to monitor and remove materials Posted by you that are deemed to violate the TOU or violates the rights, threatens the safety, or harms any person or entity. If removed materials violate the TOU, you shall not be entitled to a refund of any membership fee you paid in association with the material in question. CDECS also has the right, but not the obligation, to monitor disputes between you and other Members.
8. You acknowledge, consent and agree that CDECS may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of CDECS, its users and the public. CDECS reserves the right to submit any information provided or distributed on the site to authorities in the case of criminal matters. This includes any information distributed in areas outlined as private under our privacy policy such as, but not limited to, Private Messages between Members.
9. You may not cover or obscure any banner advertisements that may be present on your personal profile page, or any other page on the Website via HTML/CSS or any other means.
10. Any automated use of the system is strictly prohibited.
11. You will not in any way copy, modify, publish, transmit, perform, display, sell, distribute, or reproduce copyrighted material, trade-marks, or other proprietary material or information contained in the Website without the express written consent of the owner of same.
12. You will pay for any membership services that you agree to be charged for. In the event payment is made by credit card, online or otherwise, you hereby authorize CDECS in respect of that payment without need of securing your signature.
Termination of Membership
You may terminate your membership at any time by deleting your profile from the website. CDECS may terminate your membership at any time, for any reason whatsoever, effective upon sending notice by email to your last known email address.
CDECS reserves the right in its sole discretion to take any action that CDECS deems appropriate, including, without limitation, to issue a warning, to refuse, restrict, suspend, or terminate your use of the Service or your Membership with or without notice if you breach this Agreement, and to pursue any other remedies, in law or equity, available to it. In such case you shall not be entitled to the refund of any unused portion of any membership fees.
International Use
You agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also acknowledge and agree that access to some content may be legal by certain persons or in certain countries. Users who access the Service from outside of Canada do so solely at their own risk.
Intellectual Property and Trade-mark
You acknowledge and agree that the Service, including, without limitation, the Web Design and Materials contain proprietary information that is protected by intellectual property and other laws. You further acknowledge and agree that content from third parties may be protected by intellectual property and other laws. You must have the legal right to any content you post or otherwise make available through the Service. Since CDECS is not in a position to determine who has the right to any particular content, such matters are to be resolved directly by the parties themselves. However, CDECS reserves the rights expressed in these TOU.
"CDECS", "CommuniCancer.com" and the CDECS logo are service marks of CDECS Inc. CDECS maintains its proprietary rights in all copyrighted or trade-marked materials provided on or through its website. Any unauthorized use, including, without limitation, the use of these marks as meta-tags for search engines, is strictly prohibited.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS STRICTLY AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
b. CDECS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT;
c. CDECS MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR NEEDS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (iii) THE SERVICE IS ACCURATE OR RELIABLE;
d. THE SERVICE IS USED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE;
e. CDECS MAKES NO WARRANTY AS TO ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND
f. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CDECS, ITS AGENTS OR REPRESENTATIVES, OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
Indemnity
You agree to indemnify and hold harmless CDECS, and its subsidiaries, affiliates, officers, directors, agents, employees and contractors, from and against any claims, actions or damages, including, without limitation, legal and accounting costs on a full indemnity basis, made by any third party due to or arising out of your use of, or connection with, the Service, your breach of the TOU, or your breach of any rights of another. You also agree to release CDECS, and its subsidiaries, affiliates, officers, directors, agents, employees and contractors, from any and all claims, demands and damages of every kind whatsoever arising out of or in any way connected with any disputes between you and any third party stemming, directly or indirectly, from your use of the Service. You agree to cooperate as fully as reasonably required in defense of any such claim.
Limitation of Liability
CDECS assumes no responsibility whatsoever for your use of its website, your membership or your use of membership services. CDECS will not be responsible in any way should members elect to communicate directly/off-site with each other. Use of the Website and membership services is entirely at your own risk.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CDECS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMIATION, LEGAL FEES, LOSS OF PROFITS, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR OTHER INTANGIBLE LOSSES, EVEN IF CDECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CDECS SHALL NOT BE LIABLE FOR ANYTHING POSTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, OMISSIONS, FALSEHOODS, FRAUD, HARM, THREAT, ABUSE, HARASSMENT, TORT, DEFAMATION, VULGARITY, OBSCENITY, PORNOGRAPHY, PROFANITY, LEWDNESS, LIBEL, SLANDER, OR INVASION OF PRIVACY YOU MAY ENCOUNTER IN USING THE SERVICE. YOU AGREE TO HOLD HARMLESS CDECS FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU THROUGH THE SERVICE.
If for any reason CDECS becomes liable for any matter related to your membership or your use of CDECS membership services, CDECS’s liability shall be limited to the return of any amount paid by you to CDECS for membership or membership services.
Information provided by other Members may contain inaccurate, inappropriate, or offensive material, products, or services, and CDECS assumes no responsibility or liability for this material. CDECS does not warrant the accuracy, completeness, reliability or usefulness of any information on the website including, without limitation, opinions, advice, or statements rendered by members.
CDECS assumes no responsibility for third-party theft, alteration or destruction, interception, or otherwise unauthorized access to any Member or Member communication.
CDECS assumes no responsibility for any omission, interruption, deletion, defect, delay in operation or transmission, communication lines failure, or any problems or technical malfunction or disturbances of any kind including telephone or cable network or lines, computer online systems, servers or providers, computer equipment, software, failure of Service due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.
Information and Privacy
By posting information or Content to any area of the CDECS website, you automatically consent to the dissemination of the information and waive any right you have to keeping that information private under any applicable legislation. CDECS is not responsible for the use of any personal or private information that you choose to communicate, post, display, publish or distribute to other members either on, through or outside of the website facility. By posting information or Content to any public area of the website, you hereby grant to CDECS and the Website, and you represent and warrant that you have the right to grant, the non-exclusive, fully-paid, worldwide license to use, publicly perform, and display such Content on the Website without CDECS providing any notice of use or compensation of any kind. This license will terminate at the time you remove such Content from the Website.
The use of the Website is also governed by our Privacy Policy.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein and the Parties hereby agree to irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Alberta. Additionally, you agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is strictly excluded.
Notice
Notices to you may be made by email, fax or regular mail. CDECS may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally through the Website at http://www.CommuniCancer.com.
Miscellaneous
This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof. This Agreement shall be binding upon and shall enure to the benefit of the Parties hereto and their respective successors and permitted assigns. There shall be no waiver by a Party of any right, covenant or condition contained in this Agreement unless evidenced by written waiver and the waiver of any right, covenant, condition or default shall not constitute the waiver of any other or subsequent right, covenant, condition or default. Unless otherwise expressly provided herein, the rights and remedies of the Parties under this Agreement are cumulative and are without prejudice and in addition to any rights or remedies it may have at law, in equity or otherwise. No exercise by a Party of any right or remedy under this Agreement or at law, in equity or otherwise shall (save to the extent expressly provided herein, if any) operate so as to hinder or prevent the exercise by it of any other rights or remedies. If any provision of this Agreement shall be found to be invalid or illegal by reason of any determination made by a court of competent jurisdiction or any governmental authority having jurisdiction in the circumstances, such provision shall be severed from this Agreement to the extent of such invalidity or illegality and the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
You agree that your Membership and account is non-transferable and any rights to your account, ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
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