The website www.mycancerhaven.org (“the Site”) is owned and operated by My Cancer Haven, Inc. (collectively, “My Cancer Haven,” “we,” or “us”). We provide certain services through the Site, including services that allow a user to register for an account; create, post, and share information, and stories; view information, stories about cancer diagnosis and treatment and supporting cancer patients and survivors; send and receive information, stories, and general information (collectively, the “Services”).  

THIS TERMS OF USE AGREEMENT (“TERMS OF USE”) CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MY CANCER HAVEN.  PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THESE TERMS OF USE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), PLEASE READ THESE TERMS OF USE WITH A PARENT OR OTHER GUARDIAN.  YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THIS TERMS OF USE AND ALL APPLICABLE LAWS, AND MY CANCER HAVEN RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE SITE IF YOU VIOLATE THESE TERMS OF USE. BY CLICKING ON LINKS WITHIN THE SITE OR WEBPAGES BEYOND THE SITE’S HOMEPAGE OR BY CLICKING ON A BOX OR ICON YOU AGREE TO THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH MY CANCER HAVEN AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE SITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE, OR OTHERWISE. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE, OR ANY INFORMATION CONTAINED ON THIS SITE. THESE TERMS OF USE MAY BE CHANGED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU, AND THE GOVERNING VERSION WILL BE POSTED ON THE SITE.  YOU WAIVE ANY RIGHT YOU MAY HAVE TO RECEIVE SPECIFIC NOTICE OF SUCH CHANGES TO THESE TERMS OF USE EXCEPT FOR CHANGES TO OUR AGREEMENT TO ARBITRATION, WHICH IS DISCUSSED MORE FULLY BELOW. PLEASE REVIEW THE POSTED TERMS ON A REGULAR BASIS AS YOUR USE OF THE SITE WILL BE GOVERNED BY THE THEN-CURRENT TERMS OF USE AND PRIVACY POLICY (DEFINED BELOW).

YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY.  THE INFORMATION CONTAINED ON THE SITES IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, DOES NOT CREATE A PHYSICIAN-PATIENT RELATIONSHIP, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS.  You should always seek the advice of your qualified health professionals with any questions or concerns you may have regarding your individual needs and any medical conditions.  YOU should never disregard professional medical advice or delay in seeking treatment based on the information contained on or accessed through the SITE.  

THE INFORMATION AND VIEWS PROVIDED BY content providers, individual contributors, or others ON THE SITE SHALL NOT BE ATTRIBUTED TO MY CANCER HAVEN.  My Cancer Haven and its content or service providers do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Site.  Reliance on any information appearing on the Site, whether provided by My Cancer Haven, its content providers, individual contributors, or others, is solely at your own risk. 

THE SITE IS NOT INTENDED OR DESIGNED TO PROVIDE A RESPONSE IN A MEDICAL EMERGENCY.  IF THIS IS A MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL EMERGENCY SERVICES (911) TO GET PROMPT MEDICAL ATTENTION.  DO NOT RELY ON THE SITE OR ELECTRONIC COMMUNICATIONS FOR ASSISTANCE IN REGARD TO YOUR EMERGENCY MEDICAL NEEDS. 

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER. These Terms of Use contain a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Site or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator’s decision will be subject to very limited review by a court. You will be entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, see below.In addition to these Terms, your use of certain Services may be governed by additional agreements. Besides these Terms, we also publish a Privacy Policy. Although it is not part of these Terms, we encourage you to read it to better understand how you can update, manage, access, and delete your information.‍‍

We reserve the right to withdraw or amend this Site, and any Services or Content (defined below) we provide on the Site, in our sole discretion and 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, in our sole discretion and without notice, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.You are responsible for both:
· Making all arrangements necessary for you to have access to the Site.
· Ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
To access the Site or certain of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete, and that you have the authority to provide such information to us.

You will be required to register an account in order to access certain features of the Site.  You will choose or be assigned a username and a password through the Site’s registration process.  You are responsible for keeping your username and password confidential. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information.  You are responsible for all activities (whether by you or by others) that occur under your password and account.  You agree to notify us immediately of any unauthorized uses of your account or any other breach of security.  You also agree to ensure that you sign out of or exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. My Cancer Haven cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.   

By registering for an account on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge.  You agree not to submit false information when registering on the Site, populating your user profile, or using the Site.  When registering, you must provide your name and your email address.  After you register, you may populate your user profile and choose to provide one or more items of personal information.  By registering an account with the Site, you consent to receive periodic communication from My Cancer Haven and its affiliates, employees, agents, and representatives, including any third-party service provider of My Cancer Haven, regarding any inquiry and/or obtaining the Services.  

If you have been issued a National Provider Identifier number (“NPI”), are otherwise granted access as a healthcare provider, using a Personal Identifier Number issued My Cancer Haven (MCH PIN) or have been granted an expert account by My Cancer Haven (collectively referred to as an “Expert”), you may be given enhanced permission to create, post, and share information on the Site at My Cancer Haven’s discretion. If you are an Expert, by registering for an account on the Site or using the Site, you represent and warrant that (i) all identifying information about yourself, including your professional credentials, is true and accurate, (ii) you shall not create, share, or post any information on the Site or with other users of the Site that is considered Protected Health Information (as defined under 45 CFR 160.130), Personally Identifiable Information (as defined under 2 CFR 200.79), or information that would otherwise reasonably be considered to be confidential, sensitive, or personal information of any third party, and (iii) any information you create, post, or share on the Site or with other users is true and accurate to the best of your knowledge and, if the information may be considered medical or scientific in nature, is reasonably supported by scientific evidence and/or is otherwise supported by the medical or scientific community. If you are an Expert, you acknowledge and agree that any information, views, and opinions you provide via the Site shall not be attributed to, recommended by, or endorsed by My Cancer Haven. You agree to exercise professional judgment in evaluating any information obtained through the Site and to use best efforts to notify My Cancer Haven of any information that does not conform to these Terms. You agree that any information that you create, share, or post on the Site is strictly for informational purposes only and will not be considered to be medical advice, diagnosis, or treatment. Any interaction you have with other users of the Site shall not be interpreted to form a physician-patient relationship. As an Expert, you also agree not to submit any false information when registering on the Site, populating your user profile, or using the Site.  When registering, you must provide your name and your email address.  After you register, you may populate your user profile and choose to provide one or more items of personal information.  By registering an account with the Site, you consent to receive periodic communication from My Cancer Haven and its affiliates, employees, agents, and representatives, including any third-party service provider of My Cancer Haven, regarding any inquiry and/or obtaining the Services.    

We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if (i) your account remains inactive for more than six (6) months, or (ii) in our opinion, you have violated any provision of this Terms of Use.

The Site may require a service fee (the “Fee”) for use of the Site on a subscription basis for all or some users depending upon which account type for which they are registered.  The Fee will be paid on a monthly basis unless otherwise agreed to by the parties in writing.  Unless otherwise agreed to by the parties in writing, My Cancer Haven shall not refund any Fees paid prior to the termination of your subscription.

Unless otherwise specified in these Terms, all information and screens appearing on this Site are the sole property of My Cancer Haven or our subsidiaries and affiliates, and other parties. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of My Cancer Haven’s, its licensors’, or the Site’s other users’ intellectual property rights.  My Cancer Haven may provide information, documents, services, software, site design, logos, images, icons, photos, video, text, graphics, or other material (collectively, the “Content”) on the Site, and grants you a revocable, personal, non-exclusive, limited, and non-transferable license to use, print, display, and download the Content for the sole purpose of viewing them on a stand-alone personal computer or mobile device and to use this Site solely for your personal purposes.  Except for the foregoing license and otherwise required or limited by applicable law, or as otherwise provided herein, you have no other rights in the Site or any Content and you may not copy, modify, edit, reproduce, create derivative works of, reverse engineer, alter, enhance, distribute, publicly display, or in any way exploit any of the Site or Content in any manner or for any other purpose that would constitute infringement of our, our licensors’, or the Site’s others user’s intellectual property rights or in any other public forum without the written consent of My Cancer Haven or the respective owner, including public forums such as other websites, web services, or print publications.  My Cancer Haven or its licensors own all trademarks and service marks appearing on the Site.  The unauthorized use or misuse of these trademarks and service marks is prohibited. All rights not expressly granted herein are reserved.

If you breach any of these Terms of Use, the above license will terminate automatically, and you must immediately destroy any downloaded or printed Content.

You acknowledge and agree to My Cancer Haven’s collection and use of your Personal Information as described in the “Privacy Policy.” In addition, we use your Contact Information and User Information to provide you the Services.  You agree to hereby grant My Cancer Haven a royalty-free, world-wide, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such Contact Information and User Information in any form solely for the purposes of providing the Services and any purpose tangentially related to the Service for as long you as are a user of the Site or maintain a registered account with the Site.  Without limiting any rights in the Contact Information and User Information, we will have the perpetual right to collect, extract, compile, synthesize, and analyze the Contact Information and User Information, and may use it for any lawful business purpose without a duty of accounting to you; provided that the Contact Information and User Information is used only in a form that is de-identified and aggregated with the information of other users.

Except to the extent your content or communications to My Cancer Haven include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to My Cancer Haven through the Site or by other electronic means, you thereby grant My Cancer Haven a perpetual, royalty-free, full paid-up, world-wide, irrevocable, nonexclusive, freely transferable, and freely sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.  No compensation will be paid to you with respect to My Cancer Haven’s or its sublicensees’ use of your communications.  By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section, including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

You also may provide information or communications to be published or displayed (hereinafter, “posted”) on public areas of the Site or transmitted to other users of the Site or third parties (collectively, the “User Contributions”).  Your User Contributions are posted on and transmitted to others at your own risk.  Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by other people or be kept confidential.

By using the Site and/or the Services, you consent to receiving electronic communications, including electronic notices, from us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Content. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Permitted Uses
By accessing or using the Site, you agree that:
· Your use of the Site is subject to and governed by these Terms of User;
· You will only access or use the Site and transact business with us if you are at least eighteen (18) years old;
· You will use the Site solely for its Services offered in the normal course of business;
· You will always act in accordance with the law and custom, and in good faith;
· You will comply with and be bound by these Terms of Use as they appear on the Site each time you access and use the Site;
· Each use of the Site by you indicates and confirms your agreement to be bound by these Terms of Use; and
· These Terms are a legally binding agreement between you and us that will be enforceable against you.

The following activities are expressly prohibited from the site: 
· Submitting to My Cancer Haven any sensitive personal information that is considered or could be considered “Personal Health Information” or “PHI,” as defined in the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”), including, without limitation, any individually identifiable health information about your past, present, or future physical or mental health or condition, the provision of health care to you or the past, present, or future payment for such care.
· Unlawfully transmitting or uploading any confidential, proprietary, or trade secret information.
· Using or submitting any offensive content including, without limitation, obscene language, obscene references, obscene images, violence, sexually explicit, hateful, abusive, offensive, threatening, discriminatory, or harassing actions, messages, or images, defamatory statements, or otherwise objectionable content or images.
· Submitting or posting any false, misleading, or fraudulent statements or content, including the unlawful impersonation or other misrepresentation of your affiliation with any person or entity.
· Engaging in activity that is unauthorized advertisements, promotions, and schemes, including unauthorized solicitation of other users of the Site or other unsolicited email and commercial communications.
· Collecting personal information of other users of the Site, including but not limited to email addresses, without that user’s consent.
· Transmitting unsolicited email to the Site or to anyone whose email address includes the domain name of the Site.
· Engaging in activity that impairs in any way the integrity or operation of the Site or compromises the Site.  Such activity may include, without limitation, hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, introducing malware, or any other harmful or disabling computer codes.
· Using the Site in any way that changes or alters the Site or content or Services that may appear on the Site.
· Engaging in any activity designed to impede the use or access of the Site by other users, including spam, overloading, and flooding.
· Framing or deep linking into the Site.
· Interfering with or inducing a breach of the contractual relationships between us and our employees.
· Suggesting an express or implied affiliation or relationship with us without our express written permission.
· Using the Site in any way that is in any way unlawful or prohibited, or that is harmful or destructive to anyone or their property.
· Interfering with our network services.
· Using the Site in any way that dilutes or depreciates our or any of our affiliates’ name and reputation.
· Transmitting or uploading content or images that infringe upon any third party’s intellectual property rights or right or right to privacy.
· Accessing the Site with unauthorized access and by means of automated process, spiders, bots, or similar device.

My Cancer Haven has no obligation, but maintains the right, to monitor the Site. This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate access to your account and your ability to use this Site (or the Content) with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to this Site or to any other user of this Site and/or Content. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet, which may include disclosing any information we obtain. In addition, we may disclose information we obtain as necessary or appropriate to operate or improve the Site, to protect My Cancer Haven, and/or our Site users, or for any other purpose that the law permits.

The Site may contain personal profiles, message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, the “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) text, pictures, and other content or materials (collectively, the “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

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 hereby grant My Cancer Haven and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.

You represent and warrant that:
· You own or control all rights in and to the User Contributions 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 Contributions do and will comply with this Terms of Use. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not My Cancer Haven, 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 Contributions posted by you or any other user of the Site.

We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, 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 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 reason, including 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 MY CANCER HAVEN 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.

However, we cannot review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Contributions and use of the Services.  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, discriminatory, 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 right, 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 of Use and 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.

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of My Cancer Haven. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Site is operated from the United States.  When using the Site, on the Site, or when using any content provided by My Cancer Haven, you must obey all applicable U.S.-based federal, state, and local laws.

The Site is offered and available to users who are eighteen (18) years of age or older.  We do not allow persons under the age of eighteen (18) to use the Site.  If you are under the age of eighteen (18), you may not access or use the Site without the consent of a parent or other guardian.  By using the Site, you represent and warrant that you are either (i) eighteen (18) years of age or older, or (ii)  under the age of (18) years of age or older and have the permission of a parent or other guardian to access and use the Site.

Your use of this Site is at your own risk. The Content has not been verified or authenticated in whole or in part by us, and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy or timeliness of the Content contained on this Site. We have no liability for any errors or omissions in the Content, whether provided by us, our licensors or suppliers or other users.

TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT.  TO THE FULLEST EXTENT ALLOWED BY LAW, MY CANCER HAVEN DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, MY CANCER HAVEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

By providing THE SERVICES on the Site, MY CANCER HAVEN does not in any way promise that the SERVICEs will remain available to you.  MY CANCER HAVEN is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.

THE LIABILITY OF MY CANCER HAVEN and its affiliates, employees, agents, representatives, and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, FIFTY U.S. dOLLARS ($50).

IN NO EVENT WILL MY CANCER HAVEN BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF MY CANCER HAVEN IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend, and hold harmless My Cancer Haven and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site.  Such acts may include, without limitation: (i) your User Contributions; (ii) providing content to or communicating with My Cancer Haven or its affiliates; (iii) unauthorized use of material obtained through the Site; (iv) engaging in a prohibited activity; or (v) any other action that breaches these Terms of Use.

The Site may contain links to other third-party websites that are not sites controlled or operated by us (collectively, “Third-Party Sites”).  You acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than My Cancer Haven. We provide links to the Third-Party Sites to you as a convenience, and we do not verify, make any representations or take responsibility for such Third-Party Sites, including the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Site to any product, service, publication, institution, or organization of any third-party entity or individual does not constitute or imply our endorsement or recommendation.

All purchases (if any) through our Site or other transactions for the sale of services formed through the Site, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms.Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

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 without our express written consent.
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 this Site.
· Send emails or other communications with certain content, or links to certain content, on this Site.
· Cause limited portions of content on this 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 otherwise in accordance with any additional terms and conditions we provide with respect to such features. 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 this Site that is inconsistent with any other provision of these Terms of Use.
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 of Use.
You agree to cooperate with us to stop any unauthorised framing or linking immediately. 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 in our sole discretion and without notice.

My Cancer Haven respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide My Cancer Haven’s copyright agent with the following information:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;      .Description of the copyrighted work that you claim has been infringed;
· The location on the Site of the material that you claim is infringing;
 · Your address, telephone number, and e-mail address;
· A statement that your claim of infringement is based on a good faith belief; and
 · A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

My Cancer Haven’s agent for notice of claims of copyright infringement on the Site can be reached as follows: 

My Cancer Haven,
Inc.Attn: Administrator
1378 Arbor Bluff Circle
Ballwin, MO 63021
contact@mycancerhaven.org 

You acknowledge that we may be irreparably damaged if these Terms of Use are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we shall be entitled, without prejudice to any other rights and remedies that may be sought under the section below titled “Mandatory Arbitration and Class Action and Jury Trial Waiver”, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of these Terms of Use. For purposes of this Indemnification section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state or federal courts located in Missouri. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effectuated on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Most concerns can be resolved quickly and to your satisfaction by contacting us as set forth in the “Questions” section below.
In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action (“Claim”) between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A CLAIM WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.
You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (1) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (2) the applicable statutes of limitations; and (3) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.
If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association (“AAA”). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.
If this is a consumer-purpose transaction, the applicable rules will be the AAA’s Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms of Use, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator’s award is not subject to review by the court, and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.
If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA’s Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys’ fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.
Notwithstanding anything to the contrary in these Terms of Use, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms of Use) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms of Use to which you agreed will continue to apply to you and us as if no amendments were made.
If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms of Use shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.
You may reject this arbitration provision within thirty (30) days of accepting the Terms of Use by emailing us at contact@mycancerhaven.org and including in the subject line “Rejection of Arbitration Provision.”

Assignment.  My Cancer Haven may freely assign its obligations and rights under this Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites as further described in our Privacy Policy. 

‍Severability.  If any term or provision in this Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from this Terms of Use in its entirety and the remainder of this Terms of Use shall survive with the said offending provision eliminated. 

No Wavier.  No failure, omission or delay on the part of My Cancer Haven in exercising any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

‍Website Availability.  My Cancer Haven cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions.  Although MY CANCER HAVEN strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and MY CANCER HAVEN disclaims any liability for damages resulting from such problems.

‍Typographical Errors.  Information on the Site may contain technical inaccuracies or typographical errors.  We attempt to make the Site’s postings as accurate as possible, but My Cancer Haven does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.    

‍Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Terms of Use.

‍Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of this Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to this Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of St. Louis, Missouri.