Thanks for using the Sarah Cannon Community! MidAmerica Oncology, LLC, d/b/a Sarah Cannon (“Sarah Cannon”, “we,” and “us”) appreciates your use of the Community (defined below) and it’s important to us that you understand your rights and responsibilities while using the Community. The Sarah Cannon Community website, located at www.sarahcannon.com/community, and any other website or mobile application(s) on which these terms may be posted, including any derivative or affiliated site (collectively, “Community Site”) is owned and operated by us and/or our affiliates. Through the Community, we provide users like yourself a forum to connect with other users sharing their real-life experiences with cancer through the creation and display of user-generated content and by providing access to various features and functions, including proprietary software of Sarah Cannon and its licensors (collectively “Community Services”). Collectively, the Community Site, Community Services, and Content (defined below) are defined in these Terms as the “Community.”
By using the Sarah Cannon Community, you are agreeing to these Terms. Please read them carefully.
Changes to these Terms
Your continued use of the Community means you are consenting to any updates to the Terms and Sarah Cannon Policies, which we may modify or revise at any time.
Access to the Community
Sarah Cannon may amend the Community or may restrict access to some parts of the Community at any time and without notice to you. Please note that we are not liable or responsible to you if the Community (or a portion of the Community) is unavailable at any time.
Accounts, Passwords, & Security
You must set up a personal account (“Account”) to use the Community (or portions of the Community). To set up an Account, you will be asked to submit personal information, which may include name, address, phone number, email address, or other personally identifiable information (“Personal Information”). All Personal Information must be correct, current, and complete. By creating an account, you understand that you are responsible to update your Personal Information from time to time.
By registering an account, you understand that you cannot share your Account user name and password with anyone else. You also understand that you are responsible for all activity that occurs under your Account. If you believe there has been a breach of security or unauthorized use of your Account, you must notify Sarah Cannon immediately at firstname.lastname@example.org.
The Community is not directed at children who are under 13 years of age. To access or use the Community, you understand and agree that you must be 13 years of age or older. By creating an Account, you acknowledge and agree that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent to do so, and that you are fully able to enter into these Terms.
If you are accessing or using the Community from out the United States, please be aware that you are responsible for compliance with all local laws and regulations.
Monitoring & Termination of Users
You understand and agree that we may monitor your activities, information, and conduct on the Community. You may deactivate your Sarah Cannon account at any time by following the instructions on the Community. You agree that Sarah Cannon may terminate your account, access, or content at any time and for any reason.
Use of Your Community Submissions
The Community may contain features designed to allow you and other users to share information by submitting questions, comments, images, videos, and other Content for display on the Community (“Community Submissions”). By creating or posting a Community Submission, you grant Sarah Cannon a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to reproduce, distribute, publicly display, publicly perform, create derivative works of, and otherwise use, modify, and exploit your Community Submissions for any purpose without compensation to you, including for the purpose of promoting Sarah Cannon, its affiliates, and our respective services, including the Community. You also understand and agree that any Community Submissions you submit are public and accessible to the public and you further grant each user of the Community a non-exclusive license to access, view, and/or respond to your content through the Community. This license does not apply to information we agree to maintain as private pursuant to the Sarah Cannon Policies. You also acknowledge that Sarah Cannon may use anonymized and aggregated data about you and other users of the Community.
Be Careful What You Post
Please use discretion in what you choose to post via the Community. Community Submissions may be publicly available, and you agree not to post or provide any information that you would not want to be publicly available. Before posting any Community Submissions, we recommend that you carefully consider the confidentiality implications of any Community Submission.
Remember you are responsible for your Community Submissions and the consequences of posting them. You warrant that you own, control, or otherwise have necessary rights to the content in your Community Submission and that your Community Submission does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or other intellectual property rights of others.
The Community may contain communication features designed to enable you to communicate with other users (“Communication Services”). You agree to use the Communication Services only for lawful purposes. If you believe that a use of the Communication Services is objectionable, we encourage you to contact Sarah Cannon immediately.
Please note that we are not responsible for any disagreements between you and other users that stem from use of the Community. By using or accessing the Community, you assume all risk associated with dealing with other users, including advice, medical or otherwise, that other users may share with you.
Limitations of Use
You may access and view all content available on the Community (“Content”) solely for your personal, noncommercial use, and as intended through the normal functionality of the Community. You may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, or create derivative works from any Content. You may link to the Community Site, provided you do not suggest any form of association, approval or endorsement on the part of Sarah Cannon.
You agree not to: (i) copy or distribute any part of the Community, including Content or Community Submissions, without our prior written authorization; (ii) alter or modify any part of the Community or our related technologies or services; or (iii) collect or use any Personal Information of other users derived from or associated with the Community.
You agree not to use the Community for any commercial purpose without the prior written authorization of Sarah Cannon.
You agree not to upload any material that contains software viruses or any other computer programs designed to limit the functionality of any computer software or the Community. You shall not engage in any activity that disrupts or interferes with the functionality of the Community. You shall not interfere with security-related features of the Community. You shall not use any automated means to download data from the Community, including spiders, robots, crawlers, or scrapers.
You agree not to post or transmit any material that: (i) is unlawful, defamatory, abusive, or obscene; (ii) violates the rights of any party; or (iii) which may otherwise violate any law. You may not use the Community to transmit any material that is false, deceptive, or misleading, including Personal Information about another person without that person's express consent. You shall not use the Community to create, send, or enable anything that constitutes or contains “junk mail,” “chain letters,” “spam,” or unsolicited mass mailing.
IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER.
You should not rely on information published or made available via the Community as a substitute for professional medical advice. Always consult with a physician or other health care professional regarding medical advice or information. You understand and agree that we may, but are not obligated, to review Community Submissions or other content or information contained in or made available via the Community. You further understand and agree that we are not liable or responsible for any Community Submissions or other content or information contained in or made available via the Community and that information provided via the Community is not medical or health care advice, and nothing contained in the Community is intended to be professional medical advice, diagnosis, or treatment. We do not recommend or endorse any specific physicians, health care providers, medical facilities, tests, procedures, services, products, processes, or treatments identified on the Community. Use of the Community does not create a privileged relationship that would give rise to any duties on the part of us.
HIPAA Is Not Applicable to Your Use of the Community
By accessing or using the Community, you understand and agree that, by providing the Community, we are not acting as a covered entity under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (referred to as HIPAA), nor are we acting as a health care provider under various state health information confidentiality laws. Community Submissions or other information provided by you will not be subject to Federal or State laws protecting privacy, security, and confidentiality of health information.
Our Intellectual Property Rights
All trademarks and other source indicators of Sarah Cannon, including the “SARAH CANNON” name and trademark and the “SARAH CANNON COMMUNITY” name and trademark, are the sole and exclusive property of Sarah Cannon. You will not use, copy, reproduce, distribute, or modify our trademarks in any way, including in advertising or publicity without our prior written consent.
Sarah Cannon and/or its affiliates own all right, title and interest in and to all elements of the Community, including all associated copyright, patent, trademark and trade secret and other rights, and all information collected on or otherwise derived from the Community. You agree that you receive no ownership rights in or to the Community or Content. Sarah Cannon reserves all rights not expressly granted in these Terms.
YOU AGREE TO ASSUME THE RISK OF ACCESSING AND USING THE COMMUNITY. THE COMMUNITY, INCLUDING ALL CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION PROVIDED VIA THE COMMUNITY IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OR INFORMATION PROVIDED OR MADE AVAILABLE VIA THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT, OR THAT THE COMMUNITY WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE COMMUNITY WILL BE CORRECTED OR THAT THE COMMUNITY OR THE SERVER(S) THAT MAKES OUR SERVICES AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE COMMUNITY IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. INFORMATION PUBLISHED OR MADE AVAILABLE VIA THE COMMUNITY MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR REGION.
YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH OUR SERVICES IS TO CEASE USE OF THE COMMUNITY.
Limitation of Liability
IN NO EVENT WILL SARAH CANNON, OUR AFFILIATES, LICENSORS, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE COMMUNITY, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF SARAH CANNON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU RELATING TO OUR SERVICES (OR ANY PART THEREOF) EXCEED ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Sarah Cannon, our affiliates, our licensors, and our respective officers, directors, employees and agents from and against any and all claims, actions, proceedings, losses, liabilities, damages, judgments, obligations, awards, costs, debt, and expenses (including attorney's fees, litigation expenses and settlement amounts) arising from or relating to your use of our Community, violation of these Terms, or violation of any third party rights.
YOU AGREE TO WAIVE ANY AND ALL LAWS THAT MAY LIMIT THE EFFICACY OF ANY RELEASES CONTAINED IN THESE TERMS, INCLUDING THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542.
These Terms and the Sarah Cannon Policies constitute the entire agreement between you and Sarah Cannon with respect to the Community. You may not assign or delegate any of your rights or obligations hereunder without our prior written consent. These Terms, and Sarah Cannon’s rights and obligations provided in these Terms and the Sarah Cannon Policies, are freely assignable by us at any time, without notice to you, and without your consent. You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Community by posting a notice on or through the Community or emailing you at the email address contained in your Account. As applicable, these Terms shall survive termination of this Agreement and your use of the Community for any reason. Any failure or delay by either party to exercise or partially exercise any right, power or privilege hereunder will not be deemed a waiver of any of the rights under these Terms. No term or condition of these Terms will be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Terms will not be deemed a waiver of any prior or subsequent breach.
Any notice or other communication under this Agreement delivered by you to Sarah Cannon must be: (i) delivered to the intended recipient; and (ii) in writing and sent to Sarah Cannon by prepaid registered mail, receipted commercial courier, or electronically receipted facsimile transmission, at email@example.com.