Terms of Use

These Terms of Use were last updated on: May 1, 2024

 

These Terms of Use (“Agreement”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “your” or “user”) and [Cancer Playbook] and its respective subsidiaries, affiliates, officers, directors, employees, and agents (referred to herein as “Cancer Playbook,” “The Company,” we,” “us,” or “our”). You may not access or use the Services (as defined herein) or accept the terms of this Agreement if you do not agree with all its provisions.

 

Please read this Agreement carefully before using any of the Services. By accessing, browsing, using or contributing to Cancer Playbook, our programs, as well as any other content, information, services, features or resources available on the www.cancerplaybook.org and www.fecoplaybook.com website s as well as any other website, social media, media form, media channel, mobile application or mobile website related or connected thereto (referred to collectively as the “Services”), or by clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement, the Privacy Policy,  and any additional terms and conditions and policies referenced or linked herein or that apply to specific services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent and warrant that you have the right, authority, and capacity to enter into this Agreement personally and, if applicable, on behalf of any person, company, entity, organization or other legal entity on whose behalf you use the Services.

 

Certain Services may be subject to additional guidelines, terms, or rules, which may be provided to you in connection with such Services. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

 

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU AND CANCER PLAYBOOK TO RESOLVE ALL DISPUTES WITH EACH OTHER ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. FOR THE AVOIDANCE OF DOUBT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CANCER PLAYBOOK ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

 

Cancer Playbook reserves the right to update, change, or replace the terms and conditions of these Terms by posting a revised Terms of Use or mailing and/or e-mailing notice thereof to you. In addition, we may add, modify, or delete any program or feature of the Services which shall also be subject to this Agreement. It is your responsibility to check this page periodically for changes.  Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes your acceptance and agreement to be bound by the terms of the amended Terms of Use. We encourage you to review these Terms of Use periodically for changes to ensure you are familiar with the current version.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the Services.

 

Your access or use of the Services is also subject to our Privacy Policy, a copy of which is available here: [https://cancerplaybook.org/privacy-policy/].  We ask that you review our Privacy Policy, which informs you of our data collection and use policies and practices as we collect personally identifiable information, including health information, from the users of our Services.

 

The Services are not targeted toward or intended for use by anyone under the age of eighteen (18). In order to access and use the Services, you must be at least eighteen (18) years of age and fully able and competent to enter into this Agreement and abide by its terms. Individuals under the age of eighteen (18) are not permitted to use the Services. By accessing or using the Services, or by clicking to accept the Terms when this option is made available to you, you represent and warrant that you are at least eighteen (18) years of age. Any use of the Services by anyone under the age of eighteen (18) is strictly prohibited.

 

You acknowledge that cannabis is a Schedule I controlled substance under the federal Controlled Substances Act, and, therefore, the possession, cultivation and distribution thereof, or conspiring with or assisting others to do the same, is federally illegal and can result in significant criminal and civil penalties. You further acknowledge that medical use is not recognized as a valid defense under federal laws regulating cannabis, and that the interstate transportation of cannabis is a federal offense. ENGAGING IN ACTIVITIES OR BUSINESS RELATED TO CANNABIS IS AT YOUR OWN RISK. USERS WITH QUESTIONS REGARDING THE LEGALITY OF CANNABIS AGREE THEY HAVE CONTACTED INDEPENDENT LEGAL COUNSEL OF THEIR CHOOSING OR HAVE KNOWINGLY CHOSEN TO WAIVE THAT RIGHT BEFORE USING THE SERVICES.

You assume the risk of any-and-all damage or loss incurred as a result of your consumption of cannabis. Although the Services may provide information regarding cannabis, including, without limitation, FECO, FECO playbooks, cannabis potency, pharmacologically active ingredients, recommended uses and benefits, and all other descriptions or information (collectively, “Cannabis Information”), such Cannabis Information should in no way be construed as medical advice or care, nor is it intended to cover all possible uses, directions, precautions, or adverse effects..

Cancer Playbook Does Not Provide Medical Advice.

By accessing the Sites or using the Services, you understand that all information, including but not limited to Cannabis Information, and any other materials contained on the Sites or through the Services (collectively, “Content”), is for informational purposes only. In no way is the Content intended to be a medical or prescriptive guide or a substitute for informed medical advice, diagnosis, or treatment; nor is it intended to cover all possible uses, directions, precautions, or adverse effects of cannabis. Consult your healthcare professional about potential interactions or other possible complications before using cannabis and always seek the advice of your physician or other qualified health provider with any questions regarding a medical condition. Never disregard professional medical advice or fail to seek it due to Content provided through the Services. We are not medical professionals, and we do not provide medical advice. We cannot guarantee the accuracy of the Content  and you should not rely on such Content. Any reliance on the information provided by Cancer Playbook, Cancer Playbook employees, or third-parties is solely at your own risk. FECO has not been evaluated or approved by the U.S. Food and Drug Administration for any indication, including safety and efficacy.  

Keep all cannabis and cannabis products out of reach of children and animals. Use of cannabis while pregnant or breastfeeding may be harmful. Intoxicating effects of cannabis may be delayed up to two (2) hours. Consumption of cannabis impairs your ability to drive and operate machinery. Do not operate vehicles or machinery while under the influence of cannabis.

Third-Party Products and Services. 

We may post, feature, discuss, or provide recommendations and suggestions to products and services of third parties over which we have no control, including referrals to our dispensary program partners . This Content is informational and for your convenience only. We make no representations with respect to, nor do we guarantee or endorse, the quality, accuracy, completeness or reliability of such third-party products, services, materials, or programs. You are solely responsible for making a selection of a practitioner, a product or service, and determining whether he/she/they/it are suitable for you. Always conduct your own research before acting on any recommendations or suggestions. Cancer Playbook shall not be liable for any loss or damage of any sort related to third-party products or services. We do not provide referrals to illegal substances. You expressly acknowledge and understand that we do not provide cannabis and do not employ licensed medical professionals. 

 

Account Creation. In order to use the Services, you must (i) register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. You may not create more than one Account. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times (c) you are the sole authorized user of your account (d) you will monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or account by minors. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account or use the Services if you have been previously removed by the Company, or if you have been previously banned from use of the Services.

 

Cancer Playbook is not responsible for any fees or usage charges related to your access or use of the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a mobile or tablet device. You are solely responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Cancer Playbook does not guarantee that the Services, or any portion thereof, will function on any particular network, hardware, or devices.

Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Cancer Playbook of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Cancer Playbook cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

License. Subject to the terms of this Agreement, Cancer Playbook grants you a non-assignable, non-transferable, non-licensable, non-sublicensable, non-exclusive license to use the Services solely for your personal use. 

 

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. 

 

Cancer Playbook reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Cancer Playbook will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

 

You acknowledge that all the intellectual property rights in the Services are owned by Cancer Playbook or Cancer Playbook’s licensors. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Cancer Playbook or its licensors, except for the licenses and rights expressly granted in this Agreement. You acknowledge that any suggestions, ideas, enhancement requests, or feedback regarding the Services (“Feedback”) and User Content (as defined below), recommendations, or other information provided by you relating to the Services are non-confidential and shall become the sole property of Cancer Playbook. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by Cancer Playbook. Any trademarks, logos, service marks, company or product names displayed through the Services are trademarks of Cancer Playbook or third parties, and no right or license is granted to use them.

 

User Content. By submitting content, Feedback, material, stories or testimonials, or information of any type to the Services, including participation in interviews or podcasts (“User Content“), you automatically grant Cancer Playbook a royalty-free, perpetual, irrevocable, non-exclusive right and license, without limitation, to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such User Content (in whole or in part) worldwide in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content. You represent that such User Content does not infringe or violate the intellectual property or proprietary rights of any third party, and that you have all rights necessary to convey to Cancer Playbook and enable Cancer Playbook to use such User Content. You also acknowledge that such User Content is non-confidential for all purposes and that Cancer Playbook has no control over the extent to which the User Content may be used by any party once it is posted or displayed.  Notwithstanding this right and license, it is understood that Cancer Playbook is merely a distributor (and not a publisher or creator) of such User Content.  Moreover, Cancer Playbook assumes no responsibility for the deletion of or failure to store any User Content, is not responsible for editing or monitoring User Content, and does not make any representation with respect to the accuracy, acceptability, completeness, or reliability of User Content posted or displayed on the Services. 

Moreover, your User Content may not contain any computer virus or other malware that could in any way affect the operation of the Services.  You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Content.  You are solely responsible for any User Content you provide and its accuracy.  We take no responsibility and assume no liability for any User Content posted by you or any third party.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of applicable law, any party’s intellectual property rights or this Agreement.

User Content – Restrictions. You agree not to use the Services, or any of Cancer Playbook’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party. Cancer Playbook reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Content and Cancer Playbook and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Cancer Playbook to sell, license or offer to sell or license any advertising, promotion or distribution rights.

 

You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by the Services or Cancer Playbook. You acknowledge and agree that Cancer Playbook is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content. Because you alone are responsible for your User Content (and not Cancer Playbook), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Cancer Playbook is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content, if you desire.

 

If you provide Cancer Playbook any Feedback regarding the Services, you hereby assign to Cancer Playbook all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to Cancer Playbook any information or ideas that you consider to be confidential or proprietary.

 

We undertake no obligation to update, amend or clarify information on the Services. No specified update or refresh date applied in Services should be taken to indicate that all information on the Services has been modified or updated. We are not responsible if Content is not accurate, complete, or current. All of the information provided in the Services, whether historical in nature or forward-looking, speaks only as of the date the information was provided, and Cancer Playbook does not undertake any obligation to update such information after it is posted or provided, or to remove such information from the Services if it is not, or is no longer, accurate or complete. Any reliance on content is at your own risk.  We shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Services.

 

You agree that we may send you emails concerning our services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES. 

 

The following sets forth Cancer Playbook’s acceptable use policy (collectively, the “Acceptable Use Policy”):

 

When you create an Account, you may change or hide your name in your Account profile. Prior to posting a profile, you will need to verify the email address associated with your Account. In addition to the other restrictions contained in the Acceptable Use Policy, profiles posted on the Services must not: (a) be plagiarized; (b) sell or facilitate the sale of controlled substances; (c) contain disparaging information about any person, (d) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals, (e) contain references to companies or competitors other than the company or product being described; or (f) be written exclusively in capital letters. 

 

You agree to only post, upload, or otherwise transmit media (such as video, photos, or audio) on the Sites that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of another person. We reserve the right to set requirements and restrictions related to images and remove images at any time for any reason.

 

In addition, you agree not to use the Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather, or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (e) attempt to or impersonate another user or Cancer Playbook or gain unauthorized access to the Services, other computer systems, or networks connected to or used together with the Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Services; or (g) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, or mine data from the Services.

 

We reserve the right (but have no obligation) to review any User Content (including any image files or profile content), investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if we in our sole discretion suspect that you have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.

 

You agree to defend, indemnify and hold harmless Cancer Playbook (and its subsidiaries, affiliates, officers, directors, employees, and agents) from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and/or expenses (including reasonable attorneys’ fees) arising from or relating to any claim or demand made by any third party due to or arising out of (i) your use or misuse of the Services, (ii) your User Content, (iii) your violation of this Agreement; (iv) your violation of applicable laws or regulations; or (v) your experience as a result of any Content, provided herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

CANCER PLAYBOOK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EFFECTIVENESS OF CANNABIS OR FULL EXTRACT CANNABIS OIL (FECO) AS A TREATMENT FOR CANCER OR ANY OTHER HEALTH CONDITIONS. ANY STATEMENTS MADE ABOUT THE POTENTIAL BENEFITS OF CANNABIS, FECO, EXERCISE, DIET, OR ANY WELLNESS MODALITY DO NOT CONSTITUTE GUARANTEES OF EFFECTIVENESS. THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. CANCER PLAYBOOK MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, LINKS, OR ACCURACY OF THE SERVICES, INCLUDING THE CONTENT, AVAILABLE ON THE SITES OR THROUGH THE SERVICES FOR ANY PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK. NOR SHALL CANCER PLAYBOOK BE LIABLE FOR ANY ACT, OMISSION, OR OUTCOME RELATED TO ANY INFORMATION PROVIDED ON THE SITES AND THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY THIRD-PARTY, INCLUDING WITHOUT LIMITATION OUR DISPENSARY PARTNERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES NOT EXCEED $1,000.00. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

 

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITES OR OUR OTHER SERVICES ARE ONLY OFFERED IN THE JURISDICTION WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.  THE INFORMATION AND CONTENT ON THE SITES OR OUR OTHER SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION. 

 

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF CANNABIS. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL WARNING LABELS THAT ACCOMPANY ANY PRODUCTS.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement by us, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated therewith from our Services, and live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Even after this Agreement or your Account is terminated, the following provisions of this Agreement will remain in effect: Sections 5, 7, 11, 12, 15 – 22.

 

We respect and adhere to copyright law and expect users of the Services to do the same. If you believe that any content on the Services infringes copyright, please notify us immediately. 

 

In the event of any dispute with Cancer Playbook, you agree to first contact Cancer Playbook to attempt in good faith to resolve the dispute. Either party may commence this negotiation by delivering written notice to the other party. All offers, promises, conduct and statements, whether oral or written, made in the course of  negotiation to resolve the dispute by any of the parties, their agents, employees, experts and attorneys are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

 

If the dispute cannot be settled amicably within thirty (30) days of delivery of written notice or the in-person meeting of authorized representatives, whichever comes later, then the dispute shall be resolved by binding arbitration, rather than in court. 

 

The Parties acknowledge that they are irrevocably waiving the right to a trial in court, including a trial by jury and that all rights and remedies will be determined by an arbitrator and not by a judge or jury. This will not preclude the parties hereto from seeking injunctive relief and/or provisional remedies in aid of arbitration from a state court of appropriate jurisdiction.

 

We each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or in any way relating to this Agreement, the Services, including any determination of the scope or applicability of this Section, shall be finally settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect, and judgment on the award rendered by the arbitral tribunal may be entered in any court having jurisdiction thereof.  The Parties shall share the costs of the arbitration equally; however, each Party shall be responsible for its own attorneys’ fees and other costs and expenses.  The arbitration will be conducted in the English language, in Denver, Colorado , by a single arbitrator jointly selected by the parties in accordance with the AAA Rules.  The arbitrator shall have the power to grant legal and equitable remedies, including awarding the prevailing party its attorneys’ fees and other costs of the arbitration, but they shall not grant punitive damages.  Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  The award shall be final and binding upon all parties as from the date rendered and shall be the sole and exclusive remedy between the parties regarding any claims, counterclaims, issues, or accounting presented to the arbitral tribunal.  

 

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of the Services signifies your explicit consent to this waiver. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

 

Notwithstanding any provision in this Agreement to the contrary, we agree that if it makes any future change to this Arbitration Agreement while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the email provided in the Section below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. Cancer Playbook makes no claim that the Sites, Services, and Content are appropriate or may be downloaded outside of the United States. Access to the Services may not be legal in certain in certain states or countries. If you access the Sites 

 

Copyright/Trademark Information. © 2024 Cancer Playbook. All rights reserved. You acknowledge and agree that you are not permitted to use any third-party marks displayed on our Sites without prior written consent from the owners of such third-party marks.

 

We are committed to making our Sites accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of our Sites and Services. If you have difficulty using or accessing any element of the Sites or the Services or if you have any feedback regarding accessibility of the Sites or the other Services, please feel free to contact us at [email protected]

 

This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Cancer Playbook of any right or power hereunder preclude further exercise of that or any other right hereunder. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Nothing contained herein shall be construed to establish an employment, partnership, or joint venture relationship between you and Cancer Playbook. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Cancer Playbook’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

 

Attention: Jamie Bennett

Email: [email protected]