User Agreement Terms of Use

Description of Service

ACS currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and various communication tools (the “Service”). ACS assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

Change and Access to the Website

ACS reserves the right to review, improve, amend, or change the Website or the Service at our discretion and without notice. ACS will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

To access some of the resources the Website offers, User may be asked to provide certain registration details and information. Those who register are responsible for the security and confidentiality of their own user ID, password, and other related information. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website using your information. You agree to notify us of any unauthorized access to the Website or related breach of security.

Usage of Content

The Website and its entire contents, features, and functionality (including, but not limited to, text, graphics, logos, button icons, images, and audio clips, as well as the design, selection, and arrangement thereof) are owned by the American Cancer Society, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without ACS’ prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The contents of the Website are further protected under United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit User to use the Website for personal and non-commercial activity only. A user may also make a single copy of a reasonable amount of the content displayed on any page, so long as it is not used for further reproduction, publication, or distribution. Any provided desktop, mobile, or other application for download on the Website may be downloaded a single time solely for your own personal and non-commercial use. Any appropriate use of content available from the Website must not remove any trademarks, copyright, or any other notice contained in such content.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will end immediately and you must, at our discretion, return or destroy any copies of the materials you have reproduced. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by ACS. Any use of the Website not expressly permitted by these Terms of Use is a breach of said Terms of Use and may violate copyright, trademark, or other such laws.

If you wish to make any use of material on the Website in a form other than what is set out in this section, please consult our Content Usage Policy.

Linking Information

The ACS permits and encourages hyperlinks and text links to material on the Website provided User does so in a way that is fair, legal, and does not damage or take advantage of the reputation of the ACS. The Website may provide certain social media features that enable you to link from your own site to certain resources on the Website, send e-mails or other communications with certain content found on the Website, or allow limited portions of information to be displayed on your own or on certain third-party websites. Any linking must conform with certain practices, including, but not limited to:

• Any text-only link must clearly be marked, “American Cancer Society.”
• The appearance, position, and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with the ACS name and trademarks.
• The appearance, position, and other aspects of either the link or the host website may not create the false appearance that an entity other than ACS is associated with or sponsored by ACS.
• The link, when a user interacts with it, must display this Website full-screen and not within a “frame” of the linked website.

ACS reserves, in its sole discretion, the right to revoke its consent for linked material at any time and without notice.

ACS is not responsible for the information or materials contained on a host site to which the Website is linked. Linking to the Website is intended to be for convenience of reference only and is not intended to be used as an endorsement by ACS of either the organization or individual hosting the website, nor as a warranty of any type regarding the hosting website or its contents.

Content Standards

User understands that all information, data, text, photographs, graphics, messages, or other materials (“Content”) present on the Website and publicly viewable is the sole responsibility of the person from which such content originated. ACS does not bear any risk or liabilities for such Content that you personally upload, post, e-mail, transmit, or otherwise affiliate with the Service. Content must, in its entirety, comply with all applicable federal, state, local, and international laws and regulations. You agree that any Content submitted through the Service or on the Website does not:

1. Contain information that infringes on any patent, trademark, trade secret, copyright, or other propriety right of any party.
2. Make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation that may cause annoyance, inconvenience, embarrassment, alarm, or needless anxiety to any other person.
3. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
4. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
5. Contain any material likely to deceive any person, including giving the false impression that they emanate from or are endorsed by a certain person or entity or an actual impersonation of any person or entity, including, but not limited to, an ACS official, forum leader, guide, or host, or otherwise falsely state or misrepresent your affiliation with a person or entity.
6. Advocate, promote, or assist in any illegal activity or unlawful act.
7. Contain any information regarding candidates for public office, political parties, or elections of office-holders. Involve commercial activities or sales, such as contests, sweepstakes, promotions, or advertising.
8. Contain software viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
9. Disrupt or negatively affects a user’s ability to engage in real time exchanges and interactions with the Website or the Service.
10. Harvest, collect, and/or store personal data about other users.
11. Violate the legal rights (including the rights of publicity and privacy) of others or contain material that could give rise to civil or criminal liability under applicable laws and regulations, or that otherwise conflicts with these Terms of Use and our Privacy Policy.

Social Media Sites

As part of the Service, the Website may also provide links to officially monitored and curated social media channels that also display ACS Content. User’s use of these linked ACS social media channels is also subject to these Terms of Use, as well as the Terms of Use of the social platform from which you access this Content.

ACS social media channels include, but are not limited to, the Facebook pages for the American Cancer Society, American Cancer Society Making Strides Against Breast Cancer, American Cancer Society Relay For Life, Hope Lodge, and Coaches vs. Cancer; the Twitter accounts @ACSNews, @AmericanCancer, @ACS_Research, @RelayForLife, @acsglobal, and @CoachesvsCancer; ACS’ Instagram account, ACS’ YouTube channel, ACS’ LinkedIn Page, and ACS’ mobile app.

ACS reserves all rights relating to the company’s social media channels, including, but not limited to:

• Adding, removing, or modifying any content;
• Blocking harassing and disruptive users;
• Discontinuing any of our social media channels at any time.

ACS does not warrant that the information on these social media channels is complete, reliable, useful, or otherwise accurate. Do not rely solely on the information presented on these social media platforms for medical advice or other ACS programs. Further, ACS does not create nor control any opinions or statements expressed by others within its social media channels, and any links to social media accounts concerning local-area ACS events and programs are not created or operated by ACS staff members, and any Content on these accounts are not considered to be endorsed by ACS.

User Submissions and Content

By submitting Content to any part of the Website or via the Service where such Content is viewable to the public, User agrees that such submissions are non-confidential and non-proprietary for all purposes. By providing any such submission, any material will be deemed and remain the property of ACS. You represent and warrant that the owner of such Content has expressly granted ACS a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, display, modify, publish, edit, translate, distribute, perform, and create derivative works from Content in any media or medium, form, or forum known of hereafter developed.

You understand and acknowledge you are responsible for any contributions you submit and you, not ACS, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Privacy Statement

For information on how we use and collect User information when visiting the Website or using the Service, please see our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

General Practices Regarding Use and Storage

User acknowledges that ACS may establish general practices and limits concerning use of the Website and the Service. You acknowledge that ACS has no responsibility or liability concerning the deletion or failure to store any messages maintained or transmitted by the Website servers. You acknowledge ACS has the right to deactivate accounts that are inactive for an extended period of time.

Endorsements

User acknowledges that the opinions and recommendations contained in the Website are not necessarily those of the ACS or likewise endorsed by ACS. Links to other sites are provided for convenience and reference only and are not intended as an endorsement by ACS.

Disclaimer of Warranties

The Website, and all data, information, materials, content, user content, reference sites, services, or applications made available through the website, are provided “as is” or “as available,” without any warranties of any kind, either expressed or implied...

Trademarks

American Cancer Society, the American Cancer Society logo, Attacking From Every Angle, Coaches vs. Cancer, Great American Smokeout, Making Strides, Making Strides Against Breast Cancer, Relay For Life, and other marks are registered service marks of the American Cancer Society, Inc. User must not use such marks without the prior written permission of the Company.

Cookie Policy

Cookies are small text files that are stored by the browser on your computer or mobile phone. They allow websites to store things like user preference.

Jurisdiction

By accessing this website both you and ACS agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to the use of this website. You and the American Cancer Society also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County, Georgia, and the United States District Court for the Northern District of Georgia.

Consent to Electronic Communications

By using the Website or the Service, User agrees to receive electronic communications from us regarding your use of the Website or Service and that any notices, agreements, or other communications that we send to you will satisfy any legal requirements.

Waiver and Severability

If ACS does not exercise or enforce any particular right set forth in the Terms of Use, ACS does not waive that right. If a court finds any provision of the Terms of Use invalid, the remaining terms will remain in effect.