Terms of Service
Last Updated: 09/22/2023
In these Terms of Service, the terms “You” and “Yours” refer to the person using the Platform (also collectively referred to as “User” or “Users”). THE FOLLOWING TERMS AND CONDITIONS (hereinafter the “Terms of Service”) WILL BE LEGALLY BINDING UPON YOU (hereinafter “You” or “Your”) IF YOU CHOOSE TO CONTINUE BEYOND THIS SCREEN TO SEEK SERVICES FROM INDEPENDENT MEDICAL PROVIDERS, OR ANOTHER INDEPENDENT PROFESSIONAL, or to use or purchase any other products and services (collectively, the “Service” or “The After Cancer Network”) THROUGH THE AFTER CANCER PLATFORM, (the “Platform”), located at www.theaftercancer.com (“Site”), WHICH IS MAINTAINED AND OPERATED BY THE AFTER CANCER CORPORATION. AND BY ITS AFFILIATES AND SUBSIDIARIES (hereinafter “After Cancer,” “Our,” “Us” or “We”).
Please read these Terms of Service carefully because they set forth the important terms You will need to know about the Service and the Platform. Use of the Service and the Platform is governed by these Terms of Service, and by using the Platform, You agree to abide by these Terms of Service as well as all applicable laws and regulations. If You do not accept and agree to be bound by any of these Terms of Service, You are not authorized to access or otherwise use the Service or the Platform, or any information or Content contained on the Platform, as defined in these Terms of Service. Your access to and use of the Service and the Platform constitutes Your acceptance of and agreement to abide by each of these terms and conditions set forth below. If You do not agree with these Terms of Service, do not use the Service or the Platform.
U.S. RESIDENTS: IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THE SERVICE PROVIDES GENERAL HEALTH AND WELLNESS INFORMATION AND A MEANS TO INTERACT WITH HEALTHCARE PRACTITIONERS AND OTHER PROFESSIONALS. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PRACTITIONER OR SERVICE. THE AFTER CANCER ITSELF, DOES NOT PROVIDE MEDICAL OR HEALTH ADVICE, CARE, DIAGNOSIS, OR TREATMENT. NONE OF THE CONTENT SHOULD BE CONSIDERED MEDICAL ADVICE OR AN ENDORSEMENT, REPRESENTATION, OR WARRANTY THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.
By using the Service and the Platform, You consent to Our processing Your information consistent with Our Privacy Notice relating to the use of the Platform, and Our Notice of Privacy Practices relating to PHI (collectively referred to as “Privacy Notices”). Please review both of the Privacy Notices for a description of how We may collect and use Your personal information, and Your protected health information (PHI). The Privacy Notices are hereby incorporated into these Terms of Service by reference and constitute a part of these Terms of Service.
The Service and the Platform provides individuals accessing it with general information on health care and other general content pertaining to health and wellness topics (“Content”), access to wellness professionals and healthcare practitioners offering their telehealth services (the “Practitioners”), and other professional services and products (“Professionals”), or collectively (“The After Cancer Network” or “Providers”). The Platform contains certain pages, sections, services, and content that are only available to registered members of The After Cancer, including a means to obtain video-chat or electronic messaging consultations for a range of health issues by facilitating the connection between You and The After Cancer Network through use of the Platform.
The Practitioners and Professionals who deliver services through The After Cancer’s Platform and the Platform are independent professionals practicing within a group of independently owned medical and professional practices. When applicable and required, such professionals, including healthcare providers, will be acting within the scope of their license when providing services to You.
However, The After Cancer does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed or unlicensed profession. Each of the Providers providing services through the Platform is responsible for his or her services and for providing such services in compliance with the requirements applicable to his or her profession and license. Neither The After Cancer nor any third parties who promote any services on the Platform shall be liable for any professional advice You obtain from Providers through the Platform.
THE SERVICE PROVIDED ON THE PLATFORM IS NOT A CRISIS SERVICE. IF YOU EXPRESS THOUGHTS REGARDING HARMING OR DANGER TO YOURSELF OR ANOTHER TO A PRACTITIONER, OR GENERALLY VIA THE PLATFORM, THE PRACTITIONER OR AN ADMINISTRATOR MAY CONTACT EMERGENCY SERVICES ON YOUR BEHALF.
INDEPENDENCE OF PRACTITIONERS. The Practitioners and Professionals utilizing or featured on the Platform are subscribers to and licensees of the Platform and not employees or contractors of The After Cancer. Any opinions, advice, or information expressed by a Practitioner, a Professional, or any other specialist using or featured on the Platform are that of the Practitioner, the Professional, or the specialist. They do not reflect the opinions of The After Cancer. The After Cancer does not recommend or endorse any specific tests, providers, products, procedures, medications, devices, opinions, or other information that may be mentioned on the Platform or by a licensee of The After Cancer. The inclusion of Practitioners and Professionals on the Platform or in any professional directory located on the Platform does not imply recommendation or endorsement of such Practitioner or Professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner or Professional contained therein. Such information is provided on an "as-is" basis and The After Cancer disclaims all warranties, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The After Cancer shall in no event be liable to You or to anyone for any decision made or action taken by You in reliance upon the information about Practitioners or Professionals on the Platform. The use of the Service and the Platform by any entity or individual to verify the credentials of Practitioners or Professionals is prohibited.
ELIGIBILITY. This Service and the Platform is intended for use only by persons who are at least 13 years of age; provided that, for an individual who is between the ages of 13 and 18, a parent or legal guardian must accepts these Terms of Service on behalf. If You are under 13 years of age, do not use or access the Service or the Platform at any time or in any manner. By using the Service and the Platform, You affirm that You are over the age of 13. The After Cancer does not seek through this Service or the Platform to gather personal information from or about persons under the age of 13. To the extent that Users provide information about other persons under the age of 13, Users represent that they do so with express consent of a parent or legal guardian. Practitioners or Professionals may decline to enroll a User if, based on their professional judgment, the User is not well-suited for the program.
NON-DISCRIMINATION. The After Cancer complies with applicable U.S. civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex. The After Cancer does not exclude people or treat them differently because of race, color, national origin, age, disability, or sex.
ACCOUNTS AND REGISTRATION; SECURITY. To access most features of the Platform, You must register for an account. When You register for an account, You may be required to provide Us with some information about Yourself, as further described in Our Privacy Notice and Notice of Privacy Practices.
ACCURACY OF CONTACT INFORMATION. At all times that You seek Service through The After Cancer Network, You shall provide accurate, current, and complete about Your legal name, address, email address, and phone number (the “Contact Information”) and maintain and promptly update the Contact information if any of the Contact Information should change.
USERNAMES: PASSWORDS, ACCESS, AND NOTIFICATION. You cannot share Your login rights to The After Cancer Platform with any other individual unless that individual is accessing The After Cancer Platform with Your express permission and for Your benefit. You shall use reasonable efforts to prevent unauthorized access to or use of The After Cancer Platform or Service and shall promptly notify Us of any unauthorized access to or use of The After Cancer Platform or Service, as well as of any loss, theft or unauthorized use of the User Name and/or Password associated with You and Your use of The After Cancer Platform.
GENERAL RESTRICTIONS. You promise that You will not send any electronic communication from or through The After Cancer Platform that is unlawful, harassing, libelous, defamatory, or threatening. You promise that You will be responsible for all activities conducted under Your Username and Password. You promise that You will not access or use The After Cancer Platform: (i) to circumvent or exceed account limitations or requirements of the Service; or, (ii) to obtain unauthorized access to The After Cancer Platform (including without limitation permitting access to or use of the Service via another system or tool); or, (c) in a manner that is contrary to applicable law or in violation of any third-party rights of privacy or intellectual property rights; or, (iv) to publish, post, upload or otherwise transmit any data that contains any viruses, trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another, including, but not limited to The After Cancer Platform. You shall comply with all applicable local, state, federal, and foreign laws, treaties, regulations, and conventions in connection with Your use of The After Cancer Platform or Service, including without limitation, those related to privacy, electronic communications, and anti-spam legislation. You agree not to access The After Cancer Platform by any means other than through the interfaces that We provide to You.
PROHIBITED USE. Any use or attempted use of the Service or the Platform (a) for any unlawful, unauthorized, fraudulent or malicious purpose, (b) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (c) that could interfere with any other party’s use and enjoyment of the Service or the Platform, (d) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (e) to access systems, data, or information not intended by The After Cancer to be made accessible to a User, (f) to obtain any materials, or information through any means not intentionally made available by The After Cancer, (g) to reverse engineer, disassemble or decompile any section or technology on the Service or the Platform, or (h) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with Your use of the Service or the Platform, You agree You will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable or inappropriate, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any The After Cancer representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity; (c) upload or transmit any material that You do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that You upload to any communication feature; (f) use the Service or the Platform’s communication features in a manner that adversely affects the availability of its resources to other Users; (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service or the Platform by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Platform or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if You are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Platform, or copy any content or information on the Platform; or (p) assist or permit any person in engaging in any of these activities.
The After Cancer reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of any User access and/or User’s account. The After Cancer may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be expressly limited by the Privacy Notices, The After Cancer reserves the right at all times to disclose any information as The After Cancer deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The After Cancer’s sole discretion.
The After Cancer reserves the right to terminate access to the Platform if it finds, in its sole discretion, that You have engaged in fraudulent or abusive behavior, or that You are utilizing the Service or the Platform in a manner that is not clinically appropriate, or that You have violated any of these Terms of Service.
LIMITED LICENSE AND SITE ACCESS; ALL RIGHTS RESERVED. We grant You the limited license to access and make personal use of the Service and the Platform. Except as expressly authorized in the preceding sentence, You may not download (other than for page caching) or modify the Platform, or any portion of it, except with Our express written consent. This license does not include: any resale or commercial use of the Service, the Platform, or the Content; or any derivative use of the Service, the Platform, or the Content.
Neither this Platform nor any portion of the Platform may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of The After Cancer without Our express written consent. You may not use any meta-tags or any other “hidden text” containing Our trademarks or service marks without Our express written consent.
We, or the respective third-party owners of any Content published through the Platform, retain all rights, title, and interest in the Content and features offered on the Platform, including any and all intellectual property rights. We (or the respective third-party owners of Content) reserve all rights not expressly granted herein. Any unauthorized use terminates the foregoing licenses and permissions.
INTELLECTUAL PROPERTY RIGHTS. Except as otherwise expressly stated, all Content appearing on the Platform is the copyrighted work of The After Cancer or its third-party content providers and is protected by U.S. and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Platform is also the exclusive property of The After Cancer and is protected by U.S. and international copyright laws.
Except as otherwise expressly stated herein, You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Service or the Platform, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of The After Cancer or any applicable third-party suppliers. The use of Content, including images, by You, or anyone else authorized by You, is prohibited unless specifically permitted by The After Cancer. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. The After Cancer does not warrant or represent that Your use of Content or any other materials displayed on the Platform will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products, or landscape portrayed in the provided Content. The After Cancer is not responsible for any claims of ownership rights to any images or data against You.
To the fullest extent permitted by law, You will indemnify, defend, and hold harmless The After Cancer from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Service.
Certain trademarks on the Platform are the service marks and trademarks of The After Cancer or its licensees. The domain name for the Platform, The After Cancer logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of The After Cancer. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Platform are the property of their respective owners. In addition to complying with all applicable laws, You agree that You will not use any such trademarks, service marks, trade dress, or other logos from the Platform without the prior written authorization of The After Cancer.
Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page on the Platform, must be obtained from The After Cancer or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from The After Cancer should be submitted via an email to firstname.lastname@example.org. All design rights, databases and compilation and other intellectual property rights associated with the Platform, in each case whether registered or unregistered, and related goodwill, are proprietary to The After Cancer.
OUR RIGHT TO USE USER-SUBMITTED CONTENT. We may, in Our sole discretion, permit You and other Users to post or submit content and other materials through the Platform (collectively, “User-Submitted Content”). You grant Us, and anyone authorized by Us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display Your User-Submitted Content, in whole or in part, in any manner or medium (whether now known or hereafter developed). Also, You grant Us, and anyone authorized by Us, the right to identify You as the author of the User-Submitted Content submitted by You. You will not receive any compensation of any kind for the use of any User-Submitted Content submitted by You or on Your behalf by an Authorized Person.
You acknowledge that We only act as a passive conduit for the distribution of any User-Submitted Content and are not responsible or liable to You or to any third party for the content or accuracy of the User-Submitted Content. You understand that We have no obligation to monitor any areas of the Platform through which Users can post User-Submitted Content. However, We reserve the right at all times, in Our sole discretion, to screen User-Submitted Content and to moderate, edit, move, delete, and/or refuse to accept any User-Submitted Content that in Our judgment violates this Agreement, or is otherwise unacceptable or inappropriate, whether for legal or other reasons.
Any use by You of the User-Submitted Content is entirely at Your own risk. You represent and warrant that any User-Submitted Content posted or transmitted by You is original to You and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or publicity rights, and does not contain any defamatory or disparaging statements. Furthermore, You represent and warrant that You have the right to grant the license described above.
In the event of a conflict between the provisions of this Section and any other term in these Terms of Service, the provisions of this Section will control.
NO EDITORIAL CONTROL OF THIRD-PARTY CONTENT; NO STATEMENT AS TO ACCURACY. To the extent that any of the Content included in the Service or the Platform is provided by third-party content providers, Practitioners, Professionals, or other Users, The After Cancer has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services, or other information expressed or made available by Practitioners, Professionals, third-party suppliers, or Users on the Platform are those of such Practitioner, Professional, third-party suppliers, or User, respectively. The After Cancer does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any User, or represent or warrant that Your use of the Content displayed on the Platform will not infringe rights of third parties not owned by or affiliated with The After Cancer.
RIGHT TO MONITOR. The After Cancer shall have the right, but not the obligation, to monitor use of the Service and the Platform and to remove from the Platform any materials that The After Cancer, in its sole discretion, believes (a) are inappropriate, (b) are illegal, (c) may subject The After Cancer to liability or violate these Terms of Service, or (d) otherwise inconsistent with The After Cancer’s purpose for the Site.
LINKS TO THIRD-PARTY SITES. As You view the Platform, You may see links to third-party websites. These links are for convenience only. If You use these links, You will leave the Platform. Certain linked websites may make use of The After Cancer’s proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos, and trade names) under license from The After Cancer. The After Cancer is not responsible for the availability or content, products, service, or other materials of these other websites, or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by The After Cancer of the organizations sponsoring such third-party websites or their products or services. The After Cancer shall not be responsible or liable directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services, or other materials available on or through any such website. The After Cancer is not responsible for the privacy practices of any other websites.
THIRD-PARTY APPLICATION(S). We may offer third-party applications for use directly within The After Cancer Platform in conjunction with the Service. We do not warrant, either expressly or implicitly, any third-party applications, and any use of a third-party application is Your risk to bear.
THIRD-PARTY INTERACTIONS. Your interactions with entities or individuals found on or through the Platform, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such entities or individuals. You should make whatever investigation You feel is necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for, and will exercise caution, discretion, common sense, and judgment in, using the Platform and disclosing personal information.
You agree that The After Cancer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Platform, or between Users and any third party, You understand and agree that The After Cancer is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You hereby release The After Cancer, its officers, employees, agents, and successors in interest, from claims, demand and damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes, the Platform, or the features and services therein.
PAYMENTS THAT YOU MAY MAKE VIA THE PLATFORM. To the extent that You purchase specific services or products via the Platform, including without limitation payments to Practitioners or Professionals using the Platform, processing such payments is provided by Stripe and is subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, You agree to provide the Platform accurate and complete information about You, and You authorize the Platform to share it and the transaction information related to Your use of the payment processing services provided by Stripe.
TERMINATION. The After Cancer may terminate Your use of the Platform or any of Our Service provided through the Platform at any time and for any reason without notice for conduct violating these Terms of Service. Upon any such termination, You must destroy all Content obtained from the Platform and all copies thereof. The provisions of these Terms of Service concerning Platform security, prohibited activities, copyrights, trademarks, User-submissions, disclaimer, limitation of liability, indemnity and jurisdictional issues shall survive any such termination. You agree that if Your use of the Platform is terminated pursuant to these Terms of Service, You will not attempt to use the Platform under any name, real or assumed, and further agree that if You violate this restriction after being terminated, You will, to the fullest extent permitted by law, indemnify and hold The After Cancer harmless from any and all liability that The After Cancer may incur therefore.
DISPUTE RESOLUTION AND ARBITRATION
GENERALLY. In the interest of resolving disputes between You and The After Cancer in the most expedient and cost effective manner, and except as described in sub-section of this section titled “Exceptions,” You and The After Cancer agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Service. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND THE AFTER CANCER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
ARBITRATION NOTICE. Except for certain kinds of disputes as described below, You agree that disputes arising under these Terms of Service will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS OF SERVICE, YOU AND THE AFTER CANCER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend Your rights under these Terms of Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See the section titled "Dispute Resolution and Arbitration").
EXCEPTIONS. Despite the provisions of the subsection of this section titled “Generally,” nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
ARBITRATOR. Any arbitration between You and The After Cancer will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting The After Cancer. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
NOTICE OF ARBITRATION; PROCESS. A Party who intends to seek arbitration must first send a written notice of the dispute to the other Party by certified U.S. Mail or by Federal Express (signature required) or, only if that other Party has not provided a current physical address, then by electronic mail. The After Cancer’s address for Notice is:
The After Cancer Corporation
PO Box 30667, PMB 79909, Charlotte, North Carolina 28230
The After Cancer’s email address is: email@example.com. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The Parties will make good faith efforts to resolve the claim directly, but if the Parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, You or The After Cancer may commence an arbitration proceeding. All arbitration proceedings between the Parties will be confidential unless otherwise agreed by the Parties in writing.
FEES. Payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Orlando, Florida. If Your claim is for $10,000 or less, You may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
NO CLASS ACTIONS. YOU AND THE AFTER CANCER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and The After Cancer agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
ENFORCEABILITY. If the Section titled “No Class Actions” is found to be unenforceable or if the entirety of this Section titled “Dispute Resolution and Arbitration” is found to be unenforceable, then the entirety of this Dispute Resolution and Arbitration Section will be null and void and, in that case, the Parties agree that all disputes, claims, action or proceedings arising directly, indirectly, or otherwise in connection with, out of, related to or from these Terms of Service shall be litigated or arbitrated exclusively in a court or arbitration forum located in Orange County, FL, unless otherwise agreed by Us and You. You consent and submit to the jurisdiction of the State or Federal Court, or an arbitration forum within the Middle District of Florida. You waive any right You may have to transfer or change the venue of any litigation or an arbitration forum hereunder.
MODIFICATIONS TO THIS ARBITRATION PROVISION. If The After Cancer makes any future change to this arbitration provision, other than a change to The After Cancer’s address for Notice of Arbitration, You may reject the change by sending Us written notice within 30 days of the change to The After Cancer’s address for Notice of Arbitration, in which case Your account with The After Cancer will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes You rejected will survive.
CONFIDENTIALITY OF DISPUTES. Each Party agrees to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation, or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision.
DISCLAIMER OF WARRANTIES. Content and other information contained on the Platform is provided by The After Cancer as a convenience. Users relying on Content or other information from the Platform do so at their own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE THROUGH THE PLATFORM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFTER CANCER DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. THE AFTER CANCER MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
LIMITATION OF LIABILITY.
EXCEPT AS PROVIDED IN THE SECTION TITLED “DISPUTE RESOLUTION AND ARBITRATION,” TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AFTER CANCER BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AFTER CANCER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AFTER CANCER SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE AFTER CANCER NOR ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM.
WE EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES NOT OTHERWISE SET FORTH HEREIN, IF ANY. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE AFTER CANCER PLATFORM, THE INFORMATION GENERATED THEREBY OR THROUGH THE USE THEREOF IS, OR THE SERVICES PROVIDED THEREUPON ARE, ACCURATE OR SUFFICIENT FOR YOUR PURPOSES.
INDEMNIFICATION BY YOU. To the fullest extent permitted by law, You agree to defend, indemnify, and hold harmless The After Cancer, its affiliates, directors, officers, employees, representatives, shareholders, servants, principals, agents, predecessors, successors, and assigns from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from Your use of the Platform in a manner not authorized by these Terms of Service, Your fraud, violation of law, or willful misconduct, and any breach by You of these Terms of Service.
INDEMNIFICATION BY US. You shall not be entitled to indemnification by Us under any circumstance.
NOTICES AND ELECTRONIC COMMUNICATIONS. Any notices to You from The After Cancer regarding the Platform or these Terms of Service will be made by email or regular mail. When You visit the Platform or send emails to Us, You are communicating with Us electronically. You agree that We may send to You any privacy or other notices, disclosures, or communications regarding the Platform (collectively, "Communications") through electronic means including but not limited to: (1) by e-mail, using the address that You provided to Us during registration, (2) short messaging service (“SMS”) text message to the mobile number You provided Us during registration, (3) push notifications on Your mobile device, or (4) by posting the Communications on the Platform. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms. The delivery of any Communications from Us is effective when sent by Us, regardless of whether You read the Communication when You receive it or whether You actually receive the delivery. You can withdraw Your consent to receive Communications by deactivating Your account. You can opt-out of future Communications through SMS text message by replying “STOP,” or emailing Us at firstname.lastname@example.org.
NO AGENCY RELATIONSHIP. Neither these Terms of Service, nor any Content, materials or features of the Platform create any partnership, joint venture, employment, or other agency relationship between Us and You. You may not enter into any contract on Our behalf or bind Us in any way.
ASSIGNMENT. You may not assign any of Your rights under these Terms of Service, and any such attempt will be null and void. The After Cancer may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of The After Cancer is transferred to another entity by way of merger, sale of its assets or otherwise.
MODIFICATIONS. This Platform is continually under development, and The After Cancer reserves the right to revise or remove any part of these Terms of Service in its sole discretion at any time and without prior notice to You (however, The After Cancer will endeavor to provide You with prior notice of any material changes). Any changes to these Terms of Service are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Platform is also subject to these Terms of Service upon posting to the Platform. If You disagree with these Terms of Service, Your sole remedy is to discontinue Your use of the Platform. Your continued use after a change has been posted constitutes Your acceptance of the changes.
ENTIRE AGREEMENT. These Terms of Service, Privacy Notices, and other policies The After Cancer may post on the Platform, or that You and The After Cancer execute, constitute the entire agreement between The After Cancer and You in connection with Your use of the Platform and supersedes any prior agreements between The After Cancer and You regarding use of the Platform, including prior versions of these Terms of Service. This Platform is controlled and operated by The After Cancer remotely. Those who choose to access the Platform from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Platform from jurisdictions where the contents of the Platform are illegal or penalized is prohibited.
GOVERNING LAW. By choosing to visit the Platform, You agree that any dispute over Your use of the Platform or these Terms of Service will be governed by the laws of the State of Florida. You also consent to the adjudication of any disputes arising in connection with Our Platform in the State of Florida as set forth under the Terms of Service. You also agree to attempt to mediate any such dispute and to abide by all limitations of liability contained herein.
SEVERABILITY OF PROVISIONS. All parts of these Terms of Service apply to the maximum extent permitted by law. Parties agree that if Parties cannot enforce a part of the Terms of Service as written, then that part will be replaced with Terms that most closely match the intent of the Parties. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions.
HEADINGS. The section headings are for convenience and do not have any force or effect.
CONTACTING US. If You have any questions or concerns about these Terms of Service, please contact Us at email@example.com. We will attempt to respond to Your questions or concerns promptly after We receive them.
[CZ1]Hyperlink to Privacy Notice (non-PHI)
[CZ2]Hyperlink to Privacy Notice (PHI)
[CZ3]Hyperlink to each