Effective Date: September 25, 2023 

These Terms of Service (“Terms”), govern your access to and use of MyTRIAList.org (the “Site”). The site is operated by Cancer Care, Inc. (“Cancer Care” “we,” and “our”). These Terms represent a binding contract between Cancer Care and you. By creating an account or otherwise accessing the Site, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. It is your responsibility to review these Terms periodically. If you have any questions about these Terms, please contact us through the methods provided in the “Contact Us” section at the end of the Terms. If you do not agree to be bound by the Terms, you may not use the Site.  

Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies, including but not limited to, our Privacy Policy, Copyright Policy, and ADA Policy (a link to each of which is provided below) (collectively, the “Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or any other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules. 

The Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site 

The Site is hosted in the United States of America. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” SECTION BELOW FOR MORE DETAILS. 

Medical Advice Disclaimer: By using the Site, you represent that you have read, understand, and agree to the following: 

The contents of the Site are provided for general information only. The content is not meant to be complete or exhaustive or to be applicable to any specific individual’s medical condition. This Site is not an attempt to practice medicine or provide medical advice, and it should not be used to make a diagnosis or to replace or overrule a health care provider’s judgment. The content on this Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  

Seek the advice of your physician or other qualified health care provider for any questions regarding a medical condition or treatment and before making any health care decision regardless of what you read on this Site. Never disregard professional medical advice or delay in seeking medical advice or treatment because of something you read on the Site.  

If you are experiencing a medical emergency, do not rely on information on the Site, or communication through the Site to address such medical emergency, but seek appropriate emergency medical assistance, such as by calling “911”. 

Registration: To access some of the resources the Site offers, you may be asked to provide certain registration details or other information. You agree to provide truthful and accurate information during the registration process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Site.  

You agree that all information you provide to register with the Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

When you register, you need to choose a unique username and you must provide a unique, valid email address. Duplicate user names and email addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. Cancer Care, at its sole discretion, may bar registration from any specific email service or ISP. 

Access to the Site: We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users. 

Copyright and Trademark Ownership: The Site and its contents, features, and functionalities (including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof), are owned by Cancer Care, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our, our licensors’, or other content suppliers’ prior written consent. 

These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site, except that: you may download information from the Site, or print out hard copies, but in each case, solely for your personal, non-commercial use; provided that, you, keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon.  

Your Intellectual Property Rights and License Grant: As discussed above, some features on the Site, either now or in the future, may allow you to post or submit communications and content on or through the Site (“Your Content”). You own any intellectual property rights to Your Content, but you hereby automatically grant, or warrant that you and/or the owner of such content has expressly granted Cancer Care a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or Sites now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. 

User Conduct: You may use the Site only for lawful purposes and in accordance with these Terms. By using the Site, you agree not to use the Site in any manner that: 

  • Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs); 
  • Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
  • Infringes any copyright, trademark, trade secret, patent or other right of ours or any other party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Causes Cancer Care to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • Violates confidentiality where communications are meant to be confidential;
  • Is false, inaccurate, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, profane, sexually oriented, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Cancer Care in our sole discretion;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
  • Violates, or encourages anyone to violate these Terms (including any Additional Rules);
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms; or
  • Violates, or encourages another party to violate, any applicable local, state, national, or international law, regulation, or order. 

User-Generated Content on the Site: Certain portions of the Site may allow users to submit, post, link, share and otherwise make available information, text, graphics, videos, or other content (“User-Generated Content”). User-Generated Content available on the Site has not been reviewed or approved by Cancer Care, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content.  

All User-Generated Content must comply with the Content Standards set out in these Terms. 

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. 

You represent and warrant that: 

  • You own or control all rights in and to the User-Generated Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. 
  • All of your User-Generated Content do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User-Generated Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User-Generated Content posted by you or any other user of the Site. 

Any views or opinions expressed in User-Generated Content belong solely to the users who shared the content and not to Cancer Care. Your reliance on any other user of the Site’s User-Generated Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to any User-Generated Content, including, but not limited to, your reliance on any such content. Further, under no circumstances shall any User-Generated Content be considered (i) an endorsement of, or a referral to, any health care provider by Cancer Care, or (ii) an endorsement of any product by Cancer Care. 

Monitoring User-Generated Content: We have the right to: 

  • Remove or refuse to post any User-Generated Content for any or no reason in our sole discretion. 
  • Take any action with respect to any User-Generated Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User-Generated Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for us. 
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms. 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS CANCER CARE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

We reserve the right, but expressly disclaim any obligation, to monitor the Site and to edit and/or remove content posted to the Site that we deem, in our sole discretion, to be in violation of these Terms or otherwise objectionable or inappropriate for the Site. Cancer Care shall have no liability to any party for the decision to remove, or not remove, any content from the Site. 

Content Standards: These content standards apply to any and all User-Generated Content. User-Generated Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User-Generated Content must not: 

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age. 
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person. 
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy. 
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. 

Linking to the Site and Social Media Features: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.  

This Site may provide certain social media features that enable you to: 

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send emails or other communications with certain content, or links to certain content, on the Site.
  • Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not: 

  • Establish a link from any website that is not owned by you. 
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. 
  • Link to any part of the Site other than the homepage. 
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms. 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. 

We may disable all or any social media features and any links at any time without notice in our discretion.  

Links from the Site: If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, THE CONTENT ON THE SITE, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS. CANCER CARE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE.

TO THE EXTENT PERMITTED BY LAW, CANCER CARE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CANCER CARE OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, CANCER CARE DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL CANCER CARE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE. 

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

Limitations of Liability: TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL CANCER CARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

In addition, when using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of Cancer Care, its affiliates, or their licensors, service providers, employees, agents, officers, or directors. Accordingly, Cancer Care assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

Indemnification: You agree to defend, indemnify, and hold harmless Cancer Care, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any and all liabilities, claims, damages, costs, and expenses (including attorneys’ fees and costs) arising from or related to your use of the Site or any breach by you of these Terms (including, but not limited to, your User-Generated Content, any use of the Site’s content or services other than as expressly authorized in these Terms, or your use of any information obtained from the Site.  

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. 

Dispute Resolution & Agreement to Arbitrate: By using the Site, you and Cancer Care agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or breach of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to: 

  • Notice to Cancer Care: You must send notice (1) by electronic mail to info@cancercare.org and (2) by first class or certified mail to Cancer Care AT 275 Seventh Avenue, New York, NY 10001.  
  • Notice to You: We will send notice by (1) by electronic mail to the email address we have on file for you (if any) and (2) first class or certified mail to the physical address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable. 

Both you and Cancer Care agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Cancer Care agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

Notwithstanding the foregoing, in lieu of arbitration either you or Cancer Care may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis. 

Choice of Law: These Terms have been made in and shall be construed in accordance with the laws of the United states (including federal arbitration law) and the State of New York without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action. 

Privacy Policy: Your use of the Site is subject to and governed by our privacy policy (the “Privacy Policy”). 

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following: 

  • Your physical or electronic signature. 
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works. 
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. 
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law. 
  • A statement that the information in the written notice is accurate. 
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. 

Our designated copyright agent to receive DMCA Notices is: 

John Rutigliano
Cancer Care, Inc.
275 Seventh Avenue, 22nd Fl., New York, NY 10001
800-813-4673
copyright@cancercare.org

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

Counter Notification Procedures 

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following: 

  • Your physical or electronic signature. 
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.  
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address). 
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. 
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue. 

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice. 

Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. 

Repeat Infringers 

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Americans with Disability Act. For information regarding the Site’s compliance with the Americans with Disabilities Act of 1990 (“ADA”), please access our Accessibility Statement. 

Consent to Receive Emails: By registering for Trial Talk updates, you will automatically receive myTRIAList email updates and by registering you hereby consent to receive such email updates. You can unsubscribe at any time. 

Modification and Termination: We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. By continuing to use the Site, or any portion thereof, after we post any such changes, you accept these Terms, as modified. 

We shall have the right to immediately terminate access to the Site and these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. More generally, we may change, restrict access to, suspend or discontinue the Site, or any portion of the Site, at any time and at our sole discretion. 

No waiver: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Cancer Care does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Cancer Care has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Cancer Care’ rights, and all such rights or remedies shall still be available to Cancer Care.

Severability: If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 

Entire Agreement: These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Site.  

Assignment: You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.

No Relationship: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, or agency relationship between you and Cancer Care. 

Contact Us: 
If you have any questions, comments or concerns about these Terms, please contact us at: info@cancercare.org