This World Wide Web site with its home page in the domain “lymphoma.ca” (the “Web site”) is a complimentary information and interactive community service offered by the Lymphoma Canada (“LC”) at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in these Terms of Use. LC reserves the right to change these Terms of Use at any time, without notice to you, and you must consult the most recent version of these Terms of Use (not an older cached version) each time you view the Web site. Use of this Web site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified. If you do not agree to these Terms of Use, do not access the Web site. World-wide participation is welcome, however, you should keep in mind that the content is tailored for Canadian residents using the Canadian health care system. Throughout this Agreement, LC is referred to as “we” or “us.”

Description of Service

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

Registered User Account, Password, and Security

You may also wish to participate in and contribute to the Web site’s social network. This requires registration. As a registered member, you can contribute to the Lymphoma Community and contribute stories regarding your Lymphoma journey and in making resource recommendations regarding content posted by other users or the LC. When you register with the Web site, you agree to provide accurate, current and complete information, maintain the security of your password and identification, maintain and promptly update the registration information, and any other information you provide to the Web site, to keep it accurate, current and complete, be solely responsible for your account and the security of your password relating to your account and not disclose it to any third parties, and promptly advise LC of any unauthorized use of your password. LC does not retain liability or responsibility for such use. Once registered, registrants can control the amount of information they wish to publicly provide by electing whether or not to provide optional information.

General Practices Regarding Use and Storage

You acknowledge that LC may establish general practices and limits concerning use of the Web site, including without limitation the maximum number of days that e-mail messages, stories or other uploaded content is retained by the Web site; the maximum number of e-mails that can be sent or received by an account; the maximum disk space allotted on servers for an account; and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that LC has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the LC Web site servers. You acknowledge LC has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that LC reserves the right to change these general practices at any time with or without notice.

Registered User Conduct

You understand that all profile details, information, data, text, photographs, graphics, messages, or other materials (“User Content”) publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not LC, bear all risks and liabilities for all User Content that you upload, post, e-mail, transmit or otherwise make available via the Service. You agree to not use the Service to:

  • upload, post, e-mail, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);
  • upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • provide any User Content that purports to provide medical or professional advice, diagnose, prescribe, or in any way treat lymphoma.
  • impersonate any person or entity, including, but not limited to, an LC official or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
  • disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
  • intentionally or unintentionally violate any applicable local, provincial, national or international law;
  • “stalk” or otherwise harass another; or
  • harvest or otherwise collect or store personal data about other users.

You acknowledge that LC and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any User Content that is available via the Service. LC and its designees shall have the right to not post any proposed User Content or to remove any User Content regardless of whether such communication(s) violate these Terms of Use. You agree that you must evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You acknowledge and agree that LC may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of LC, its users and the public.

User Submissions

By submitting communications or User Content to any part of this Web site where such content would be viewable by the public (e.g., posting in stories or other public communication as they may become available), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of LC. You grant or warrant that the owner of such User Content has expressly granted LC a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Modifications to the Service

LC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You agree that LC, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any User Content within the Service, for any reason, including, without limitation, for lack of use or if LC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that LC may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, you agree that LC shall not be liable to you or any third party for any termination of your access to the Service.

Medical Disclaimer

You acknowledge that the information on the Web site is provided “as is” for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. LC does not recommend self-management of health problems. We advise users to always seek the advice of a physician or other qualified healthcare provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of something you have read on this Web site. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. Participants in the Lymphoma Community are not professionals and cannot give professional advice, diagnose, prescribe, or in any way treat lymphoma. Their sole function is to create a supportive and informational environment.

Refund Policy

All donations made online are final, and no refunds will be issued.

Shipping and Delivery

Store items purchased online are shipped within 7 business days of purchase.

Disclaimer of Warranty

THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. LFC AND ITS LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO WEB SITE, ITS CONTENTS, OR SUCH SOFTWARE, LINKS, TOOLS, TIPS, PRODUCTS AND SERVICES REFERRED TO HEREIN, AND DISCLAIM ALL SUCH REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS OF MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THE WEB SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEB SITE. IN ADDITION, LFC AND ITS LICENSORS DO NOT PROVIDE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE INFORMATION ACCESSIBLE VIA THE WEB SITE IS ACCURATE, COMPLETE OR CURRENT. ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS.

Limitation of Liability

IN NO EVENT SHALL LFC AND ITS LICENSORS AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THESE TERMS OF USE; THE WEB SITE; ANY USER CONTENT, MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE WEB SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE WEB SITE; ANY LINK PROVIDED ON THE WEB SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT LFC AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE LIABILITY OF LFC AND ITS LICENSORS FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH: THESE TERMS OF USE; THE WEB SITE; ANY MATERIALS, USER CONTENT, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE WEB SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE WEB SITE; ANY LINK PROVIDED ON THE WEB SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT LFC AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SHALL IN NO EVENT EXCEED ONE CANADIAN DOLLAR (CDN$1). YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEB SITE.

Indemnification

You agree to indemnify and hold harmless LC and its licensors and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of Web site; and (c) your User Content.

Endorsements

You acknowledge that the opinions and recommendations contained in this Web site are not necessarily those of the LC or endorsed by LC. LC may provide links on the Web site to other Web sites which are not under the control of LC. These links are provided for convenience of reference only and are not intended as an endorsement by LC of the organization or individual operating the Web site or a warranty of any type regarding the Web site or the information on the Web site.

Usage of Content

Unless otherwise indicated, all information contained on the Web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to LC and its licensors and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without LC’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the Web site.

Privacy Policy

The personal information practices on the Web site are governed by the Privacy Policy. Please review the Privacy Policy and print a copy for your records.

Jurisdiction

This Web site (excluding linked sites) is controlled by LC which is headquartered in the Province of Ontario, Canada. It can be accessed within Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, by accessing this Web site both you and LC agree that the statutes and laws of the Province of Ontario, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and the LC irrevocably attorn to the jurisdiction of the courts of the Province of Ontario. LC makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws.

Linking Information

The Web site contains links and references to third-party Web sites. These links are provided for your convenience only. No endorsement of any third-party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on or linked from or to the Web site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other Web sites or otherwise made available through their Web sites are solely those of such third parties and not of LC or its licensors. Your use of such third-party Web sites is subject to the terms and conditions of use and the privacy policies of such Web sites.

General

These Terms of Use constitute the entire agreement between you and LC with respect to your use of the Web site and supersede all previous agreements, understandings and representations relating thereto. No failure by LC or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms of Use or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms of Use, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. The respective rights and obligations of the Parties set forth in this Agreement shall indefinitely survive the expiration or termination of this Agreement to the extent necessary to preserve such rights and obligations.

Use of Cookies

See Privacy Policy for information regarding cookies and their use on our site.

Contact Information

If you have any questions about the Service or if you believe that a posting or other on-line communication violates these Terms of Use, please contact us at:

Lymphoma Canada
6860 Century Avenue, Suite 202
Mississauga, ON L5N 2W5