Terms of Service
Last Updated: August 28, 2019
believeinthelungs.com, a website, including any other media form, media channel, mobile website, or mobile application related or connected thereto (collectively, the “Site”) is owned and operated by The Kathleen M. Rotz Lung Cancer Research Fund (“we” or “us” or “our”). The Site and its contents are protected by domestic and international copyright, trademark and other intellectual property laws. Users of the Site (the "Users") may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including code and software. Users may download material from the Site for personal, non-commercial use only, provided Users keep intact all copyright and other proprietary notices. Users, by the use of the Site, accept and are bound by the Terms of Service.
As part of the Terms of Service, we agree to provide Users with information and other computer services subject to these Terms of Service. Users agree to use the Site in accordance with these Terms. Due to the nature of the World Wide Web, we may need to periodically change these Terms of Service. If so, the revised Terms of Service will be posted to the Site. By continuing to use the Site after any such changes are posted, Users accept the Terms of Service, as modified.
LICENSE TO THE KATHLEEN M. ROTZ LUNG CANCER RESEARCH FUND
When Users post a message, upload a file or otherwise provide us with material for display on the Site, Users are granting us a royalty-free, perpetual, non-exclusive, unrestricted world wide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
The Site includes links that will allow you to navigate the Site and to leave the Site to access information provided by third-parties, not under our control. The linked sites and third-party information are not under our control and we are not responsible for the contents of any linked site, any link contained in any linked site, or any changes or updates to such site and third-party information provided to us. We are providing these links only as a convenience and the inclusion of any link does not imply endorsement of us, the companies and organizations listed on this page, other than those indicated on their own web site. We shall not incur any liability by listing the information. The materials available on the Site including, but not limited to editorial content, software, and the third-party sites are provided "as is" and to the fullest extent permissible pursuant to applicable law. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Site or any third-party sites will be uninterrupted or error-free, that defects will be corrected, or that the Site, including the servers that make it available, are free of viruses or other harmful components.
The Site may allow Users to purchase different types of products and services that are provided either by us or third-parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If Users make a purchase from a merchant hosted by us, or linked to by us, the information obtained during the Users' visit to that merchant's web site, and the information given, including, but not limited to, credit card numbers and contact information, is collected by the merchant and not by us. These merchants may have separate privacy and data collection practices. We have no responsibility or liability for these independent policies. Users release us and its affiliates from any damages that may be incurred, and agree not to assert any claims against us, arising from the Users' purchase or use of any products or services made available by us or third-parties through the Site. In any event, damages are limited to refund or replacement on products and services purchased directly from us through the Site.
The information contained in the Company Directories is provided for look-up purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "as is" without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.
To use certain features of the Site, Users must register with us on the form provided (hereinafter "Registered Users"). Registered Users agree: (1) to provide true, accurate, current and complete information as prompted by the Site's registration form; and (2) to maintain and promptly update the information provided to keep it true, accurate, current and complete. By becoming Registered Users, Users accept and are bound by the Terms of Service.
To use certain features of the Site, Registered Users may need a user name and password, which Registered Users will receive through the Site's registration process. Registered Users are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under the Registered Users' password or account. Registered Users agree to notify us immediately of any unauthorized use of the password or account or any other breach of security, and to insure that the Registered Users exit from their account at the end of each session. We will not be liable for any loss or damages arising from the Registered Users' failure to protect their password or account information.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiaries and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, our materials, products or services, or third-party materials, products or services made available through the Site. Users specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any User. If the Users are dissatisfied with any of the Site materials, products or services or with any of our terms and conditions, the Users' sole and exclusive remedy is to discontinue using the Site.
We may cancel or terminate the Users' and/or Registered Users' right to use the Site or any part of the Site at any time without notice. In the event of termination, Users are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed upon the Users with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any rule of construction or interpretation relating to which party prepared these Terms of Service without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between us and the Users with respect to the subject matter contained in this agreement and supercedes all previous and contemporaneous agreements, proposals and communications, written or oral. Users may also be subject to additional terms and conditions that may apply when the Users use the products or services of a third-party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern.