Terms of Use

This page describes the terms and conditions of use of this The Gift of Hope Breast Cancer Foundation website (referred to herein as the “Site”) by you, the website viewer, and your rights and responsibilities as a user. Please read this page carefully. By using this Site, you agree to be bound by all of the Terms and Conditions set forth below. The Gift of Hope Breast Cancer Foundation, a Pennsylvania not-for-profit corporation (hereinafter, “TGoHBCF”), as the owner of this Site, may revise these Terms and Conditions at any time without notice; therefore, you should visit this page periodically to review the Terms and Conditions. You agree that by entering, re-entering, or continuing to use the Site thereafter, you accept all changes that may have been made to the Terms and Conditions.  If you do not agree to these Terms of Use, you may not access or use the Sits.

PRIVACY POLICY

TGoHBCF respects the privacy of its Site users. Please refer to TGoHBCF’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site, you signify your agreement to this Privacy Policy.

ABOUT THE SITE

The Site is designed for educational and informational purposes only, as a resource to individuals affected by breast cancer. The information provided is general in nature. For answers to specific health care questions or concerns, you should consult your healthcare provider(s), as treatment for each patient varies with individual circumstances. The content is not intended in any way to be a substitute for professional counseling or medical advice. This website does not and is not intended to create any provider-patient relationship, and should not be used as a substitute for seeking consultation from qualified medical professionals.  ALL EMERGENCIES SHOULD BE HANDLED BY CONTACTING YOUR DOCTOR OR CALLING 911 IMMEDIATELY.  All information provided to the general public on this website is intended solely for your educational, personal, and non-commercial use and is strictly informational. As a condition of your use of this website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by these Terms and Conditions

USE RESTRICTIONS

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• use the Site for any unlawful purpose or for the promotion of illegal activities; or
• interfere or attempt to interfere with the proper functioning of the Site.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of available or access through your use of the Site is solely your responsibility. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Site.  Unauthorized use may result in criminal and/or civil prosecution under Federal, State, and local law. If you become aware of misuse of our Site, please contact us at [email protected]

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Site, TGoHBCF may provide you with convenient links to a third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Site users. TGoHBCF has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or Sites available on these Third Party Sites or Third Party Applications, Software or Content. Such Third-Party Sites and Third Party Applications, Software or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by TGoHBCF, and TGoHBCF is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by TGoHBCF. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

USE OF SITE CONTENT

No portion of this website can be reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, photocopying, recording, or otherwise for any other purposes. The contents of this Site, including, without limitation, text, graphics, images, and other content (the “Content”) are owned by or licensed to TGoHBCF and are protected by copyright under both United States and foreign laws. Unauthorized use of the Content violates copyright, trademark, and other laws.  All trademarks, service marks, trade names, and logos appearing on the site are the property of TGoHBCF or its licensors and may not be used without permission. You agree to retain all copyright and other proprietary notices contained in the original Content on any copy you make of such material. You may not sell or modify our Content or reproduce, display, or otherwise use the Content in any way for any public or commercial purpose.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Site’s e-mail and messaging system will not constitute legal notice to TGoHBCF or any of its officers, employees, agents, or representatives in any situation where notice to TGoHBCF is required by contract or any law or regulation.

WARRANTY DISCLAIMER

THE SITE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TGoHBCF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TGoHBCF MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TGoHBCF, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TGoHBCF OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TGoHBCF HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of TGoHBCF’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of TGoHBCF. No purported waiver or modification of this Agreement by TGoHBCF via telephonic or email communications shall be valid.

GENERAL TERMS

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of TGoHBCF to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with TGoHBCF must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of Florida State without regard to conflict of law provisions.