Terms of Use

1.   Thank you for your interest in LungLoveLink! Here you will find message boards, resource lists and other tools to “link” you to the support that you need while you or your loved one are dealing with lung cancer. Please read the following Terms of Use before using LungLoveLink. Your use of this website, along with the communications tools, forums, resource lists, content, and other tools available on the website (collectively referred to as “LungLoveLink”), means that you agree to all Terms of Use as well as the Forum Guidelines (the two documents together will be referred to as the ”Agreement” for the remainder of this document).

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
own risk.

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 lunglovelink@lungcanceralliance.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:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the LungLoveLink site, with enough detail that we may find it on the website (in most circumstances, we will need a URL);
  
• 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 or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the
  copyright or intellectual property owner's behalf.

Please send the Notice to LungLoveLink’s agent for notice of copyright claims to:

LungLoveLink
Lung Cancer Alliance

888 16^th Street NW, Suite 150

Washington, 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.

9. If you use LungLoveLink’s Forums, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in LungLoveLink. LCA is not responsible for the consequences of any communications in the Forum. In
   cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

    10. By using LungLoveLink, you agree to abide by the following:

• You will not post or provide links to anything that could be considered threatening, harmful, vulgar, libelous, false, misleading, or otherwise objectionable. You will not post anything that victimizes, degrades, or intimidates an individual or group of individuals on the basis of medical
  condition, religion, race, ethnicity, sexual orientation, gender, age, or disability. You will not “stalk,” abuse or otherwise harass another Member.
• You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, that are in the nature of “junk mail,” “spam,” “chain letters,” “pyramid
  schemes,” or any other form of solicitation that LCA considers in its sole discretion to be of such nature without the express prior written consent of LCA;
• You will not post advertisements to buy or sell any products or services, or engage in commercial activities and/or sales, whether or not you personally benefit.
• You will not collect names of Members and/or email addresses of Members by electronic or other means for the purpose of
  sending unsolicited email, or for the purpose of selling the names to others.
• You will not post recruiting information about commercial or non-commercial studies or surveys (clinical or otherwise) without receiving prior written permission from LCA.
• · You will not impersonate another person or use another Member’s account without his or her consent or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
• You are responsible for any and all activities that occur under your account. You agree to notify LCA immediately of any unauthorized use of your account. LCA is not liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge
• Although LCA will not be liable for your losses caused by any unauthorized use of your Membership, you may be liable for our losses or the losses of others as a result of such unauthorized use.
• You will not use LungLoveLink in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of LungLoveLink or other Members' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
• You will not attempt to gain unauthorized access to LungLoveLink, other accounts, computer system, or networks connected to it, through hacking, password mining, or any other means.
• You will not take any actions or upload, post, e-mail or otherwise transmit content that contains any viruses, Trojan horses, worms, spyware, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, secretly intercept or expropriate any system, data or personal information;
• You will not interfere with or disrupt LungLoveLink or servers or networks connected to LungLoveLink, or disobey any requirements, procedures, policies or regulations of networks connected to LungLoveLink;
• You will not post or deliver information that promotes illegal activities. You will not use LungLoveLink for any purpose in violation of local, state, national, or international laws, including but not limited to exchange or solicitation of pharmaceuticals or medical devices;
• You will not take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any law or under contractual or fiduciary relationships (such as
  copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, publicity, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• You may access content solely for your information and personal use; You agree to not engage in the use, copying, or distribution of any of the content other than as expressly permitted herein,
  including any use, copying, or distribution for any commercial purposes.
• You will not post copyrighted information or material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; You are personally responsible for
  securing appropriate consent forms from copyright owners, prior to the posting of or uploading of copyrighted information, documents or software. LCA shall not be held responsible for posted information that may violate copyright law.

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.

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• Choice of law: This Agreement shall be governed by, construed and enforced in accordance with the laws of the District of Columbia, as it is applied to agreements entered into and to be performed entirely within such jurisdiction, without regard to conflict of law principles. LCA makes no representation that this website is governed by or operated in accordance with the laws of other nations. Those who choose to access LungLoveLink from other locations acknowledge that LungLoveLink is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws. We make no representation that any aspect of LungLoveLink is appropriate or available for use in jurisdictions outside of the United States.

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 providers,
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.

19. Modification of these Terms of Use and other policies. We may change or update the Agreement from time to time, and any such modifications shall be effective upon posting a revised Agreement on LungLoveLink. Your use of LungLoveLink after a change has been posted signifies your agreement to any such changes. You should review the Agreement documents periodically to make sure you are aware of any changes.

20. LCA considers your privacy to be extremely important. Please visit our separate Privacy Policy for information on what information we collect and how we protect it.

21. LungLoveLink is currently hosted by Ning. We are not affiliated, associated with or endorsed by Ning. THIS AGREEMENT DOES NOT APPLY TO YOUR USE OF NING SERVICES, NOR IS LCA RESPONSIBLE FOR ANY NING SERVICE OR PRACTICE. Please review the terms of use and privacy policy for the Ning service if you choose to explore other websites hosted by Ning.

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 lunglovelink@lungcanceralliance.org or call 1-800-298-2436