Introduction

Welcome to CancerMonthly.com (hereinafter, “Cancer Monthly” or the “Website” or the “Site”). Cancer Monthly provides you with access to the Site subject to the terms and conditions contained in this User Agreement (the "Agreement'). Please read this Agreement carefully. You may wish to print this page for reference.

By using our Website and/or one of our online fee-based products, subscriptions, or offerings (collectively, our “Fee-Based Products”), you agree without restriction to be bound by this Agreement.  If you do not agree to follow and be bound by this Agreement, you may not access, use, print, e-mail, search, download, subscribe, or otherwise use this Site.  If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Fee-Based Products.

The Site is administered by Cancer Monthly from Raleigh, North Carolina in the United States. This Site and its contents (the "Content") are designed to comply with United States laws and regulations. Access to the Site and the Content may not be legal by certain persons or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

1. Modification of this Agreement

Cancer Monthly reserves the right at its sole discretion to update or modify this Agreement at any time without prior notice. Any modification is effective immediately upon posting to the Site. Your use of this Site or our Fee-Based Products following any such change constitutes your agreement to follow and be bound by this Agreement as revised.  For this reason, we encourage you to review this Agreement each time you use this Site. You acknowledge and agree that your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Cancer Monthly in providing the Site, including without limitation any change in the Content or any change in the amount or type of fees or charges associated with the Fee-Based Products, is to terminate your use of the Site and/or our Fee-Based Products and you should arrange to cancel your subscription with us, as applicable.

From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.

All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. 

2. Your Rights

Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon, and the Fee-Based Products that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a user of this Website and/or as a subscriber to our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription to our Fee-Based Products is only valid for your personal, noncommercial use and may not be shared with others in accordance with paragraph 4(B) below. You agree to be financially responsible for all usage or activity of Fee-Based Products subscribed to by you.

You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may download Content from the Site for your own personal, non-commercial use only, provided the Content is not modified in any way and you keep intact all copyright and other proprietary notices.  You may also e-mail individual treatments summaries ("Treatment Details") and drug information ("Drug Details") to others, provided the Content is not modified in any way and you keep intact all copyright and other proprietary notices.

Cancer Monthly reserves the right to restrict, suspend or terminate your access to the Site and/or our Fee-Based Products in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement.  If Cancer Monthly terminates this Agreement based on a breach of any portion of this Agreement, Cancer Monthly reserves the right to refuse to provide access to the Site to you in the future. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Fee-Based Products, except for a refund of any fees or charges prepaid by you with respect to our Fee-Based Products in accordance with paragraph 5 of this Agreement.

3. Modifications to the Site

In our sole discretion and without prior notice or liability, we may discontinue, modify, suspend, impose limits or alter any aspect of the Website or our Fee-Based Products at any time, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, (iii) restricting the availability of any area of the Site and (iv) restricting or terminating any user's right to use the Website and/or any of our Fee-Based Products.

4. Charges and Fees for Fee-Based Products

Certain portions, components, Content and features of this Website are only available to individuals who purchase a subscription to one of our Fee-Based Products. As a subscriber to one of our Fee-Based Products, you agree as follows:
 
A. You agree to pay, using a valid credit card or check (or other form of payment which we may accept from time to time), the initial and recurring periodic charges and fees (in U.S. currency) set forth on this Website (such as the Sign-Up Form), applicable taxes, and other charges and fees incurred in order to access our Fee-Based Products. We reserve the right to change charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail).

All subscriptions to our Fee-Based Products automatically renew.  We will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. For credit card orders, the subscription period will begin on the day the credit card is processed and each renewal period will begin automatically on the same date of the month as the initial subscription.  For example, if a subscription begins on February 18 then each renewal period will automatically begin on the 18th of subsequent months.  Except in the case of a multiple-period prepayment plan, the renewal charge will be the same as the prior period's charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above.  In the event we cannot charge your account, we reserve the right to terminate your access to our Fee-Based Products.

If you pay by check all amounts must be for U.S. funds and drawn from a U.S. bank and the subscription period will begin on the day that your activation e-mail is sent. If you purchased a multiple-period prepayment plan by check, at the end of that period your subscription will automatically be renewed at our current subscription rate for the same period as the previous plan.  For example, if you purchased a multiple-period prepayment plan for 12 months by check and your activation e-mail was sent on November 10, 2006 then at the end of that 12 month period (November 10, 2007) your subscription will automatically renew for another 12 months at the rate in effect on November 10, 2007 unless you cancel. For multiple-period prepayment plans previously paid for by check, you will receive an invoice that must be paid within 30 days of receipt or your renewal will be considered canceled.

If you purchased a multiple-period prepayment plan by credit card, at the end of that period your subscription will automatically be renewed at our current subscription rate for month to month subscriptions and we will automatically charge your credit card at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.

B. If you subscribe to one of our Fee-Based Products using the Institution Rate or the Commercial Company Rate then you agree to restrict access to the Fee-Based Products areas of the Website to a total of ten users.  You agree that if more than ten users require access to the Fee-Based Products in the Website then you will purchase multiple subscriptions (one subscription for every ten users who access the Fee-Based Products). 

C. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Fee-Based Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Fee-Based Products.
 
D. For purposes of your use of our Fee-Based Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Fee-Based Products ("Subscription Data"), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Fee-Based Products. You are obligated to check the “My Profile” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information.

E. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the My Profile feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
 
5. Cancellation of Subscription

Either you or Cancer Monthly may terminate or cancel your subscription to the Site or the Site's Fee-Based Products at any time. If you cancel your subscription to one of our Fee-Based Products, you agree that all fees paid and prepaid are nonrefundable.  If we cancel or terminate your subscription to one of our Fee-Based Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, we will refund any unused portion of such period on a pro rata basis. Such a refund will be made by reversing credit card charges, by check, or by any other means at Cancer Monthly’s sole discretion.

You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement; (ii) any practice or policy of Cancer Monthly, including this Agreement and Privacy Policy, or our enforcement or application of these policies; (iii) the Content available through this Website or any change in Content provided through the Website or on a Fee-Based Product; (iv) your ability to access and/or use our Website or any Fee-Based Product; or (v) the amount or types of our fees or charges, surcharges, applicable taxes, or billing methods, or any change to our fees or charges, applicable taxes, or billing methods. Upon cancellation or termination of your subscription to our Fee-Based Products, we may immediately deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Fee-Based Products, except as we may otherwise provide from time to time.
 
You can cancel your subscription by contacting Customer Service or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact Customer Service to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.

6. Privacy and Security

We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into this Agreement by reference and is available on the Website. The terms and conditions of Cancer Monthly's Privacy Policy may be changed by Cancer Monthly at its discretion.

7. CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT MEDICAL ADVICE 

THE CONTENT OF THIS SITE including our Fee-Based Products IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  THE CONTENT OF THIS SITE including our Fee-Based Products IS NOT INTENDED, NOR RECOMMENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT ADVICE OR TREATMENT RECOMMENDATIONS.  ALL INFORMATION PRESENTED IN CANCER MONTHLY IS STRICTLY INFORMATIONAL IN NATURE, AND IS NOT TO BE CONSTRUED AS A FORM OF COUNSELING, DIAGNOSIS, OR TREATMENT.  YOU SHOULD NOT USE ANY OF THE CONTENT ON THIS SITE FOR DIAGNOSING A HEALTH OR FITNESS PROBLEM, CANCER OR ANY OTHER DISEASE. YOU SHOULD NOT USE ANY OF THE CONTENT ON THIS SITE TO TREAT A HEALTH OR FITNESS PROBLEM, CANCER OR ANY OTHER DISEASE.  UNDER NO CIRCUMSTANCES SHOULD ANY OF THE CONTENT ON THIS SITE BE USED TO SELECT A CANCER TREATMENT, THERAPY, PROTOCOL, MODALITY OR DRUG WITHOUT CONSULTING WITH A LICENSED HEALTHCARE PROVIDER.   CANCER DIAGNOSIS AND TREATMENT SELECTION SHOULD ONLY BE MADE WITH A MEDICAL PROFESSIONAL.  THE INFORMATION AND CONTENT ON THIS SITE IS NOT TO BE USED TO REPLACE THE GUIDANCE OF A MEDICAL PROFESSIONAL.  IF THE INFORMATION ON THIS SITE LEADS YOU TO A TREATMENT OF INTEREST, THAT INFORMATION SHOULD BE SHARED WITH YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER. 

NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING ANY MEDICAL CONDITION OR TREATMENT.

8. Information Presented is Not Complete or Comprehensive

You acknowledge and agree that the Content of this Site including our Fee-Based Products is not complete or comprehensive. The information on this Site constitutes summaries of information provided in some articles written in some journals about the results of some cancer treatments. Therefore, the information on this Site should not be relied upon as comprehensive, nor as a presentation of information on all available cancer treatments.  Summaries of many cancer treatments are excluded from this Site. 

For those treatments where summary information is provided, such information is not comprehensive or complete.  Important aspects or information about a particular treatment may be excluded. For more complete information about a particular treatment you should ask your licensed healthcare provider.

The Site provides some information about various drugs. The information provided about a drug is for informational purposes only and is not a substitute for consultation with your health care professional. The information about a specific drug is in no way a recommendation as to the safety, efficacy or appropriateness of any particular drug, regimen, dosing schedule, nor is it in anyway to be considered medical advice. As with any printed reference, the information about a particular drug may become out-of-date over time. New information may have been published and become generally accepted after the information that appears on this Site. Patients should discuss the appropriateness of a particular drug with their physician. 

The brand name that Cancer Monthly associates with a particular drug is based on FDA information, however, there may be other brand names associated with that drug that the Site does not mention.

9. Information May Not Be Accurate

Cancer Monthly does not guarantee or warrant the accuracy, completeness or comprehensiveness, of any of the source materials used, summarized, presented or discussed in the Site.  By accessing the Content of this Site including our Fee-Based Products you acknowledge and agree that Cancer Monthly summarizes information presented in some scientific and medical journals and that Cancer Monthly is not responsible for any inaccuracies, omissions or errors in these articles.  You also acknowledge and agree that no treatment decision should be based on any article or articles printed in one or more medical or scientific journal.  Only a physician can prescribe a treatment and no article cited, sourced, or otherwise used by Cancer Monthly should ever be used to make treatment decisions without consulting with your doctor and other medical professionals.   

Moreover, while Cancer Monthly makes every effort to ensure that its treatment summaries accurately reflect what has been written in professional medical and scientific journals, there will be occasions where the information summarized by Cancer Monthly is inaccurate or wrong. This is another reason why the Content of the Site including our Fee-Based Products should never be used to make a treatment decision and that treatment decisions should only be made in consultation with medical professionals.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site including our Fee-Based Products is at your sole risk. Cancer Monthly reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time.

10. Does Not Provide Health Care and Does Not Collect Health Information

Cancer Monthly does not furnish, bill or receive payment for health care. Cancer Monthly does not engage in providing care, services, or supplies related to the health of an individual. Cancer Monthly does not engage in preventive, diagnostic, rehabilitative, maintenance, or palliative care, and counseling, service, assessment, or procedure with respect to the physical or mental condition, or functional status, of an individual or that affects the structure or function of the body. Cancer Monthly does not engage in the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription. Cancer Monthly does not collect any health care information. Cancer Monthly does not facilitate the processing of health information from nonstandard format or content into standard format or content or from standard format or content into nonstandard format or content.

11. Ownership of Content

No use should be made of materials on this Site, except as expressly authorized by this Agreement. The Content of this Site including our Fee-Based Products and the selection, arrangement and design of the Content is owned by Cancer Monthly and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. With the exception of e-mailing Content described above in paragraph 2 "Your Rights", you may not reproduce, create derivative works from, transmit, sell, distribute modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content, in whole or in part, including any code and software.You may not, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Cancer Monthly.

12. Copyright and Trademarks

All Content on the Site, including without limitation text, Fee-Based Products, images, software, audio and video clips, and databases are owned or controlled by Cancer Monthly, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of Cancer Monthly or its employees, licensors, independent contractors, or providers without the prior written permission of Cancer Monthly. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Cancer Monthly
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Cancer Monthly sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.

Please note that the names of the companies and products mentioned on this Site may be trademarks of their respective owners.

13. No Framing Allowed

Because elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws they may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors.  If you are interested in linking to the Site, contact us for more information.

14. Commercial Use is Strictly Forbidden

None of the Site information may be used in advertising or for any other commercial purpose, including any use on the Internet. Cancer Monthly will exercise all rights to prevent commercial use of its materials or its name.

15. Communicating with the Site

You are solely responsible for the content of any transmissions you make to the Site.  You shall not e-mail, upload to, or distribute to, or otherwise publish any Communication to the Site which
a)         is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
b)         is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
c)         constitutes or contains false or misleading indications of origin or statements of fact;
d)         slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
e)         causes injury of any kind to any person or entity;
f)          infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
g)         violates any applicable laws, rules, or regulations or
h)         contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Furthermore, you acknowledge that conduct prohibited in connection with the Site includes breaching or attempting to breach the security of the Site. Cancer Monthly does not endorse or accept any Communications as its own or representative of its views.

16. CancerWire

By subscribing to the Site you give express permission to be placed on Cancer Monthly's list of subscribers to CancerWire and to receive CancerWire via email. CancerWire is Cancer Monthly's free e-newsletter that contains information about various cancer topics and messages from our sponsors. You may cancel your subscription to CancerWire at any time for any reason by clicking on the appropriate cancellation button on the CancerWire newsletter.

17. Unsolicited E-Mail

You agree not to use the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by Cancer Monthly in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

18.  Links to Other Sites

The Site contains links, references and pointers to other sites on the Internet which may be maintained by third parties. These references and/or links to the Third Party websites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party websites or the sites themselves or any association with their operators.  The Third Party websites (and any websites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration.  Cancer Monthly does not endorse any "off-label" uses. The Third Party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party websites (and any websites to which they link) is solely at your own risk. Cancer Monthly does not control, and is not responsible for, the availability, accuracy, privacy policy, or currency of such Third Party websites or any information, content, products or services accessible from such Third Party websites. 

You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.

19. Dealings with Advertisers or Sponsors

Your correspondence or business dealings with, or participation in promotions of, advertisers or sponsors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser or sponsor. You agree that Cancer Monthly is not responsible nor shall Cancer Monthly be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser or sponsor on the Site.

Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither Cancer Monthly nor its directors, officers, managers, employees, agents, investors or licensors shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.

20. Age restrictions

You represent and warrant to Cancer Monthly that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

21. Indemnification

In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any Unsolicited Information provided by you, you hereby agree to indemnify, defend and hold harmless Cancer Monthly and its directors, officers, managers, employees, agents, investors or licensors from and against any and all liability and costs incurred by Cancer Monthly, its directors, officers, managers, employees, agents, investors or licensors in connection with any claim arising out of any breach or alleged breach.  You shall cooperate as fully as reasonably required in the defense of any claim. Cancer Monthly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification without relieving your indemnification obligations and you shall not in any event settle any matter without the written consent of Cancer Monthly.

22. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CANCER MONTHLY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY CANCER MONTHLY. CANCER MONTHLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN ADDITION, CANCER MONTHLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF ANY INFORMATION CONTAINED HEREIN AND EXPRESSLY DISCLAIMS ANY OBLIGATION TO UPDATE SAID INFORMATION.  THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE CONTENT AND THE SITE. CANCER MONTHLY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES.

23. LIMITATION OF LIABILITY

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL CANCER MONTHLY, ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, INVESTORS OR LICENSORS, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR CANCER MONTHLY, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF CANCER MONTHLY, THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, INVESTORS OR LICENSORS, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  EVEN IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CANCER MONTHLY UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, THE COST OF YOUR CURRENT SUBSCRIPTION FOR OUR FEE-BASED PRODUCTS OR ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE WHICHEVER IS LESS. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

24.  General.

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

This Agreement constitutes the entire agreement between you and Cancer Monthly with respect to the Site and supersedes all prior agreements between you and Cancer Monthly. Failure by Cancer Monthly to enforce any right or provision of this agreement shall not be construed as a waiver of any provision or right.  By using this Site, you consent to personal jurisdiction in the federal and state courts located in the State of North Carolina, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.  In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. All rights not expressly granted herein are hereby reserved.