Linking you to resources and support in the lung cancer community!
The legally binding
terms of these documents set out your rights, obligations and
restrictions regarding your membership in and use of LungLoveLink.
If you do not agree to this Agreement, please do not use
LungLoveLink. You are only authorized to use LungLoveLink if you agree to abide by all applicable laws and this Agreement.
2. LungLoveLink is a service
provided by Lung Cancer Alliance (LCA) as part of the Lung Love
Project. LCA provides LungLoveLink as a way to connect lung cancer
survivors and caregivers and for informational purposes only.
LungLoveLink does not provide medical advice and LCA is not
licensed to provide medical diagnoses, treatments, or other medical
services that are provided by medical professionals. This
website is for patient to patient support. It is not for
professional support. Content appearing on LungLoveLink does
not constitute medical advice and is not the practice of medicine.
Reliance on any information provided by participants
of LungLoveLink is solely at your
3. YOU MAY NOT USE LUNGLOVELINK FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR MEMBERSHIP IN OR ACCESS TO LUNGLOVELINK MAY BE TERMINATED IMMEDIATELY IN LCA'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT OR FOR ANY OTHER REASON AT ANY TIME. You may deactivate your membership at any time by sending an email to firstname.lastname@example.org and including "DEACTIVATE" in the subject line or by visiting "My Page".
4. Eligibility. By using
LungLoveLink, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide
by the terms of the Agreement. LungLoveLink is
intended and designed for use only by those at least thirteen (13) years of age. By using LungLoveLink, you affirm that you are thirteen (13) years of age or older. LungLoveLink does not intentionally collect registration or other information from users under 13 years old.
5. Content. Member interactions through LungLoveLink are accessible to all users and may be monitored by LCA. However, LCA does not have the capacity to provide constant oversight and does not monitor all content posted. As a result, LCA has limited control, if any, over the content of LungLoveLink. Therefore, you understand that when using LungLoveLink, you will be exposed to content from a variety of sources, and that LCA is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is offensive, indecent, or objectionable. The information and opinions expressed in postings on LungLoveLink do not necessarily reflect those of LCA and LCA is not responsible for any incorrect or inaccurate content posted on LungLoveLink, whether by LCA, or members of LungLoveLink. LungLoveLink also may contain links to websites or advertising content operated or provided by third parties. LCA provides these for your convenience. LCA does not monitor or control the linked sites or other third-party content, and LCA is not liable or responsible for any of the content or services available at these sites.
6. LCA Property. LCA either owns or is licensed to use all proprietary rights in LungLoveLink, including all copyrights, trademarks, and patent rights associated with LungLoveLink. Except for information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
7. LungLoveLink has a policy for
the termination, in appropriate circumstances and at its
discretion, of users who infringe the rights of copyright holders.
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide LungLoveLink a
Notice with the following
information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
Please send the Notice to LungLoveLink’s agent for notice of copyright claims to:
888 16th Street NW, Suite 150Washington, DC 20006
8. Registration. When you join LungLoveLink you are required to provide certain information for registration. We will send you an e-mail at the address you provide to confirm your Membership, after which your Membership will be activated. You will be asked to select a user screen name and password. You must provide us with current, complete, and accurate information as requested by the registration form. You must update this information as needed to maintain its accuracy. Screen names are subject to LCA's approval and may not contain misleading or objectionable material. It is your responsibility to maintain the confidentiality of your password and account. If LungLoveLink does not recognize your device from a previous sign-in, you will be asked for information that will help us to identify your registration.
11. You agree that even though you may retain
certain copyright or other intellectual property rights with
respect to Content you upload while using LungLoveLink, you grant
permission to LCA to host content generated by you as a function of
using LungLoveLink. By submitting your content to any area of
LungLoveLink, you automatically grant (and you represent and
warrant that you have the right to
grant) to LCA a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your Content in any or all media for operational, support, marketing and/or promotional purposes in connection with LungLoveLink and LCA. You also grant to LCA the perpetual and irrevocable right to delete any or all of your Content from LCA’s servers and from LungLoveLink, whether intentionally or unintentionally, and for any reason or no reason, without any liability of any kind to you or any other party. Further, you agree that your intellectual property rights do not confer any rights of access to LungLoveLink or any rights to data stored by or on behalf of LCA.
12. Removal or editing of posts: This website is private property, and its use is a
privilege, not a right. LCA
reserves the right to prohibit or remove any post at any time for any reason or no reason, with or without notice and with no liability of any kind. LCA reserves the right (but is not obligated) to investigate an allegation that a communication(s) do(es) not conform to this Agreement and determine in its sole discretion to remove or request the removal of the communication(s), including but not limited to communications which are abusive, illegal, or disruptive, illegal, or that otherwise fail to conform with this Agreement. However, LCA does not have the practical ability to restrict conduct or communications that might violate LungLoveLink’s guidelines prior to transmission on the Internet, nor can they ensure prompt removal of offending message board posts. Our failure to act with respect to a violation by you or others does not waive our right to act with respect to that violation or subsequent or similar violations.
14. Mediation/Arbitration. Any dispute arising under this Agreement shall be decided by mediation or binding arbitration. Such mediation or arbitration shall be conducted in accordance with the Commercial Mediation or Arbitration Rules of the American Arbitration Association in effect at the time of this Agreement, with Washington, DC as the designated locale. A demand for mediation shall be filed in writing with the other party and with the American Arbitration Association, and shall be made within a reasonable time after the dispute first arises, and in no event after the date when the institution of legal or equitable proceedings based on such Disputes would be barred by the applicable statute of repose or limitations. If a dispute is not resolved through mediation, then a dispute shall be resolved through arbitration. The decision of the arbitrator shall be final and binding. This agreement to arbitrate shall be specifically enforceable in accordance with the laws of the District of Columbia.
15. Member Disputes. You are solely responsible for your interactions with other LungLoveLink Members. LCA reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Limitations of
Liability. In no event shall LCA, its subsidiaries,
affiliates, distributors, suppliers, licensors, agents or others
involved in making available LungLoveLink be liable to any person
or entity whatsoever for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any damages
whatsoever, including but not limited to: (i) loss of goodwill,
profits, business interruption, data or other intangible losses;
(ii) your inability to use, unauthorized use of, performance or
non-performance of LungLoveLink; (iii) unauthorized access to or
tampering with your personal information or transmissions; (iv) the
provision or failure to provide any service; (v) errors or
inaccuracies contained on LungLoveLink or any information,
software, products, services, and related graphics obtained through
LungLoveLink; (vi) any transactions entered into through
LungLoveLink; (vii) any property damage including damage to your
computer or computer system caused by viruses or other
harmful components, during or on account of access to or use of LungLoveLink or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of LungLoveLink. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence,
strict liability or otherwise, even if LCA has been advised of the possibility of damages.
17. Indemnification. You agree
to indemnify and hold harmless LCA and its officers, directors,
employees, subsidiaries, agents, affiliates and other partners from
and against any and all claims, actions, demands, liabilities,
costs and expenses, including, without limitation, reasonable
attorneys' fees, resulting from your breach of any provision of
this Agreement. Under no circumstances, including negligence, shall
anyone involved in creating or maintaining this web site, or shall
the website owners or any of their directors, officers, employees
or agents be liable to you or any third party for any DIRECT,
INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST
PROFITS that result from the use or inability to use LungLoveLink
and/or any other web sites which are linked to this site. Nor shall
they be liable for any such damages that result from mistakes,
omissions, interruptions, deletion of files, viruses, errors,
defects, or any failure of performance, communications failure,
theft, destruction or unauthorized access. Nor shall they be
responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or
computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with LungLoveLink. Nor shall they be responsible for any damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from: (a) any action or inaction by you in connection with the deletion, alteration, transfer or other loss of Content, status or other data held in connection with your Membership, and (b) any claims by third parties that your activity or Content in LungLoveLink infringes upon, violates or misappropriates any of their intellectual property or proprietary rights.
18. Some jurisdictions do not allow the foregoing limitations of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you. You agree that LCA cannot be held responsible or liable for anything that occurs or results from accessing or subscribing to LungLoveLink.
22. Severability Clause. This Agreement
operates to the fullest extent permissible by law. If any provision
of this Agreement is deemed unlawful, void or unenforceable by a
court of competent jurisdiction,
that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
23. Contact. If you have any questions concerning this Agreement,
please send them to email@example.com or call