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TERMS AND CONDITIONS OF USE WELCOME TO THE WEB SITE OF THE CHEMOANGELS CANCER SUPPORT ORGANIZATION. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBMITTING A PATIENT APPLICATION. BY SUBMITTING A PATIENT APPLICATION YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE FOLLOWING TERMS, CONDITIONS AND NOTICES PLEASE DO NOT SUBMIT AN APPLICATION. This Agreement was last updated on December 21, 2006 1. Scope of Agreement: This Terms and Conditions of Program Agreement is between you ("You" and "Your") and ChemoAngels Cancer Support Organization. 2. Conditions for Patients a) You understand that you will be receiving weekly postal mail from Angel volunteers. b) You agree to respond to the monthly check-in request that will be sent to you by ChemoAngels Admin. c) You understand that your personal information will be kept strictly private and not shared with anyone outside of the ChemoAngels Cancer Support Organization. d) You understand that you are not expected or required to respond directly to your Angels. e) If, for any reason, you decide that our program is not for you, you will notify the administration at admin@chemoangels.com as soon as possible. f) You will notify the administration at admin@chemoangels.com if you receive anything upsetting, disturbing or inappropriate from your Angels. g) You will not discuss your finances or any financial problems or issues with your Angels. h) You will not make any direct physical requests (items, gift cards, money, etc) of your Angels. 3. Binding Agreement A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other legal documents and records. 4. Intellectual Property (a) U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. (b) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Site. 5. Links To Other Internet Sites; Links to this Site (a) This Site may contain links to Internet sites owned, operated or maintained by third parties not under ChemoAngel's control. These links are provided for Your convenience. Such links are not and shall not be deemed to be ChemoAngels's endorsement of the organization or individual associated with the linked site. ChemoAngels is not responsible for the content, quality, or accuracy of any materials referenced or linked through this Site. You assume sole responsibility and liability for Your use of such linked sites. 6. Warranty Disclaimer; Limitation of Liability (a) This site may include inaccuracies, mistakes or typographical errors. ChemoAngels Cancer Support Organization does not warrant that the content will be uninterrupted or error-free. (b) To the maximum extent permitted by applicable law, in no event shall ChemoAngels Cancer Support Organization or any of its officers, directors or administrators be liable for punitive, consequential, incidental, exemplary, indirect or special damages. 7. Indemnity You agree to indemnify, defend and hold harmless ChemoAngels Cancer Support Organization, and their respective officers, directors, and administrators from and against any and all claims, liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your connection to, or use of this Site, including any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement. 8. Governing Law and Jurisdiction This Agreement is governed by the laws of the State of CALIFORNIA, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in CALIFORNIA, U.S.A. in all disputes arising out of or relating to the use of this Site. 9. Unenforceable Terms If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. 10. Contact Information Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site by e-mail to: admin@chemoangels.com 11. Availability and Use of Site The availability of this Site depends on many factors, including some factors that are beyond ChemoAngels' control, such as Your connection to the Internet and the Internet backbone. ChemoAngels shall not be liable to You if You cannot use this Site due to any reason beyond ChemoAngels' control. 12. Termination ChemoAngels Cancer Support Organization may, without prior notice to You, remove You from the ChemoAngels program. 13. Reservation of Rights ChemoAngels Cancer Support Organization reserves to itself any and all rights not expressly granted herein. 14. Modification of Site ChemoAngels Cancer Support Organization may, at any time and at its sole discretion, modify, revise or otherwise change this Site (including without limitation adding or discontinuing any or all services offered through this Site), in whole or in part, without liability to You.