Terms & Conditions

Above + Beyond Cancer, Inc. is an Iowa non-profit corporation with its principal headquarters in Des Moines, Iowa. It is an organization formed to develop cancer advocates. Above + Beyond Cancer, Inc. is not a travel agency. Similarly, Above + Beyond Cancer, Inc. is not in the business of providing health care, a health plan, or a health care clearinghouse. We offer online information about our programs through our website located at http://aboveandbeyondcancer.org/ and any other medium owned or operated by us (the “Site”). The “Services” include, but are not limited to, the opportunity for you to apply to our programs, comment on our blog, and purchase merchandise.

For purposes of this Agreement, “Content” means any and all information and materials contained anywhere on the Site or provided by us or Vendors in connection with the Services, including information and materials you post to the Site. Some of the Content is provided by others, including third-parties (sometimes “Merchants” or “Vendors”).

As a condition to your use of the Site, you agree that you:

• are eighteen (18) years of age or older, legally competent, and possess the authority to create a binding legal obligation;

• will comply with the terms of this Agreement at all times;

• will not reproduce or circulate any part of the Site in any method without Above + Beyond Cancer, Inc.’s prior written consent;

• will create only one Account and will provide complete and accurate information when creating your Account or registering for our Services;

• will not submit any purposely inaccurate information, commit fraud, or falsify information in connection with your Account or another user’s Account or in order to create multiple Accounts;

• are solely responsible for your Account and the activity that occurs while logged into or using the Site;

• will not use Above + Beyond Cancer, Inc. to collect any personally identifiable information, including names, email addresses, or other such information for commercial purposes;

• will not solicit contacts made on Above + Beyond Cancer, Inc. for any commercial solicitation purposes;

• are solely responsible for Content you submit, including comment posts, profile information, and other similar or related Content;

• grant Above + Beyond Cancer, Inc. a non-exclusive license to access the Content you submit through the Site and to use, reproduce, distribute, prepare derivative works of, display, and perform such Content;

• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, and the like, unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such Content to the Site; and

• affirm that we have the right to determine whether any of your Content submissions are appropriate and comply with this Agreement, remove any and/or all of your submissions, and terminate your Account with or without prior notice.

It is our goal to make the use of the Site a good experience for all of our users, so you agree not to:

• conduct or promote any illegal activities while using the Site;

• upload, distribute, or print anything that may be considered harmful or inappropriate for users, including those that may be minors;

• attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

• access or attempt to access any secured portions of the Site to which you are not authorized to access;

• upload or transmit any form of virus, worm, Trojan horse, or other malicious code to the Site or take any action that places excessive demand on the Site or imposes or may impose an unreasonable or disproportionately large load on our infrastructure;

• use the Site or any material on the Site to advertise or solicit, for any political, religious, or other commercial purpose, or to compete, directly or indirectly, with Above + Beyond Cancer, Inc.;

• use any automatic or manual process to search or harvest information from Above + Beyond Cancer, Inc. and/or the Site, or to interfere in any way with the proper functioning of the Site;

• use the Site or any of its resources to solicit users, Merchants, or other business affiliates of Above + Beyond Cancer, Inc. to become users or partners of other’s services, directly or indirectly, competitive or potentially competitive with Above + Beyond Cancer, Inc.;

• hyperlinking to the Site from any other website without our consent; or

• act illegally or maliciously in any manner against the business interests or reputation of Above + Beyond Cancer, Inc., our Merchants, or our Services.

• To the extent your conduct, as determined by us in our sole discretion, violates the forgoing restrictions or inhibits any other user from using or enjoying the Site, we may terminate your Account or limit your privileges on the Site, and we may seek other available remedies.

You understand that certain information that you submit to us is submitted precisely for the purpose of disclosure in a variety of ways by Above + Beyond Cancer, Inc. Therefore, we are not under any obligation to protect the confidentiality of such information. Other information, such as personal information provided in connection with your creation of an Account, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with submission of Content may be disclosed by us to users of the Content for their commercial purposes.

Any communications between you and Above + Beyond Cancer, Inc., such as email or other correspondence, in which you offer suggestions or comments for improving or modifying the Site will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

You recognize that Above + Beyond Cancer, Inc., including its agents, affiliates, and employees, is not in the business of providing health care; a health plan or a health care clearinghouse; public health services; or employment, insurance, or education to participants. Accordingly there shall be no expectation of confidentiality, non-disclosure of information, or privileged communication between participants and Above and Beyond Cancer, Inc., including its agents, affiliates, employees, contractors, or others.

The Content we publish on the Site is proprietary to us, the Vendors, and/or our affiliates. You agree not to distribute, perform, reproduce, copy, transmit, display, modify, publish, license, create derivative works from, transfer, or sell, including through re-sale, any Content, software, information, products, or services obtained from or through the Site.

When you use the Site, you can obtain access to various kinds of Content. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Above + Beyond Cancer, Inc.), and you agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

• violates the privacy, publicity, or other rights of third parties;

• is unlawful, defamatory, libelous, discriminatory, pornographic, obscene, harassing, abusive, threatening, hateful, or encourages conduct that would be considered a criminal offense, would give rise to civil liability, would violate any law, or is otherwise inappropriate, as determined by us in our sole discretion;

• is misleading, false, or inaccurate; or

• could damage Above + Beyond Cancer, Inc., its affiliates, its employees, or other related parties.

Though we strive to enforce these rules with all of our users, you may be exposed to Content on the Site that violates the policies or terms set forth in this Agreement or is otherwise offensive or inappropriate. We are not responsible for your exposure to such Content. We may, but are not obligated to, terminate Accounts and/or remove Content from the Site if we determine or suspect that those Accounts or the Content violate the policies or terms set forth in this Agreement or the applicable agreement with the offending user(s).

The Site may contain advertisements and links to third party websites that are not owned, operated, or controlled by Above + Beyond Cancer, Inc.. Therefore, we cannot and do not assume responsibility for the content, policies, or practices of such websites or the companies that operate or own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third party website.

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth in this Agreement. In the event of any termination, you will immediately cease use of the Site.

We provide the Site and Services “as is”, “with all faults” and “as available.” Above + Beyond Cancer, Inc. and the Merchants make no express warranties or guarantees about the Site, the Services, or the Content. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WITHOUT INTERRUPTION. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE OR SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AN ABOVE AND BEYOND CANCER, INC. EMPLOYEE OR AGENT SHALL CREATE A WARRANTY. Additional consumer rights may be available to you under your local laws that this Agreement cannot change.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHODLERS, AGENTS, VENDORS, AND MERCHANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, VENDORS, AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Above + Beyond Cancer, Inc., its affiliates, officers, directors, shareholders, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including any copyright, property, or privacy right; or (iv) Content submitted by you that causes damage to a third party. This defense and indemnification obligation will survive termination of this Agreement.

Above + Beyond Cancer, Inc. reserves the right take any action Above and Beyond Cancer, Inc. deems appropriate regarding disputes that you may have with other users or any Vendors. To the extent not prohibited by applicable law, you release us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other user or any Vendors. You hereby expressly waive any applicable state law limitations or prohibitions regarding the applicability or enforceability of such release.

Everything located on the Site is the exclusive property of Above + Beyond Cancer, Inc. or is being licensed or used with permission. We are not granting any license to you by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. ANY COPYING, TRANSMITTING, POSTING, DISTRIBUTING, LINKING, OR OTHER MODIFYING OF THE SITE, WITHOUT THE EXPRESS WRITTEN CONSENT OF ABOVE + BEYOND CANCER, INC., IS PROHIBITED. Any violation of this provision will result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The Site contains software, photos, text, video, music, graphics, and sound and the entire contents of the Site are protected by copyright as a collective work under U.S. copyright laws; the Site includes trademarks, copyrighted material, and other proprietary information that are also protected by copyright as a collective work under the United States copyright laws (“Above + Beyond Cancer, Inc. IP”). You may not modify, publish, broadcast, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Above + Beyond Cancer, Inc. IP, in whole or in part. You may download, print, and/or save Above + Beyond Cancer, Inc. IP for your personal use only. Except as expressly allowed under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material, without the express written consent of Above + Beyond Cancer, Inc. or the copyright owner, is permitted. If copying, redistribution, or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights in the Above + Beyond Cancer, Inc. IP under this Agreement.

“Above + Beyond Cancer, Inc.” as well as logos and designs employing same is a trademark of Above + Beyond Cancer, Inc. This trademark, along with other trademarks located on the Site, otherwise owned or operated in conjunction with Above + Beyond Cancer, Inc., shall not be deemed to be in the public domain but instead the exclusive property of Above + Beyond Cancer, Inc., unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Above + Beyond Cancer, Inc. unless otherwise stated. Above + Beyond Cancer, Inc. does not have any obligation or responsibility to provide you with indications, markings, or anything similar that may aid you in determining whether any material is copyrighted or trademarked.

You agree to not upload, post, or otherwise make available on the Site any Content protected by copyright, trademark, or other proprietary right without the express consent of the owner of the copyright, trademark, or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting Content to any public area of the Site, you warrant that the owner of such Content has expressly granted Above + Beyond Cancer, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright or other intellectual property rights that may exist in such Content. You also permit any other user to access, view, store, or reproduce the Content for that user’s personal use. You also grant Above + Beyond Cancer, Inc. the right to edit, copy, publish, and distribute any Content that you make available on the Site. If you have any rights to the submitted Content that cannot be licensed to us as provided in this Agreement, you unconditionally and irrevocably waive the enforcement of such rights and any and all claims and causes of action of any kind against us or related to our users and affiliates anywhere in the world with respect to such rights.

If you are a copyright owner or a copyright owner’s agent and find Content that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our copyright agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address; (5) A statement that you have a good faith belief that use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed. Above + Beyond Cancer, Inc.’ designated copyright agent to receive notifications of claimed infringement can be reached at info@aboveandbeyondcancer.org You acknowledge that if you fail to comply with all of the requirements of this paragraph, your Digital Millennium Copyright Act notice may be deemed invalid.

Statute of Limitations. YOU AND ABOVE + BEYOND CANCER, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Entire Agreement. This Agreement, and any other legal notices published by Above + Beyond Cancer, Inc. on the Site shall constitute the entire agreement between you and Above + Beyond Cancer, Inc.

Modification. We may modify the terms of this Agreement from time to time in the future, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such modifications in this Agreement. If you do not agree to any modifications, if and when such modifications may be made to the Agreement, you must cease use of the Site and Services. Your use of the Site and Services after any modifications to this Agreement indicates that you agree to such modified Agreement.

Waiver. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Any waiver of Above + Beyond Cancer, Inc.’ rights under this Agreement shall not be valid or effective, unless in a written agreement bearing the physical signature of an officer of Above + Beyond Cancer, Inc. No purported waiver or modification of this Agreement by Above + Beyond Cancer, Inc. via electronic mail communications shall be valid.

Notices and Electronic Communications. For purposes of this Agreement, you (a) consent to receive communications from Above + Beyond Cancer, Inc. in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Above + Beyond Cancer, Inc. provides to you electronically satisfy any legal requirement that such communications be in writing. You may direct communications to Above + Beyond Cancer, Inc. at: info@aboveandbeyondcancer.org.

Construction. When used in this Agreement, “including” shall mean “including without limitation” and shall not limit the preceding words or terms. Unless the context requires otherwise, (a) all definitions of capitalized words and phrases in one tense, shall extend to and include all other tenses, with appropriate adjustments in interpretation employed as needed to ensure the intended meaning of such word or phrase (as determined by the context in which it is used) is preserved to the fullest extent; (b) all terms used in this Agreement in the singular shall extend to and include the plural and all terms used in the plural shall extend to and include the singular; and (c) all terms used in this Agreement in any gender shall extend to and include both genders. The section headings used in this Agreement are included solely for convenience and shall not affect the interpretation of this Agreement.

Governing Law and Venue. This Agreement shall be governed and construed pursuant to the laws of the State of Iowa. A court of competent jurisdiction in Polk County, Iowa shall have the exclusive jurisdiction to hear any disputes arising out of this Agreement.

No agency. You and Above + Beyond Cancer, Inc. are independent contractors. Nothing in this Agreement shall be construed to create a joint venture, partnership, franchise, employment, or agency relationship between you and Above + Beyond Cancer, Inc. You do not have authority, without our prior written consent, to bind or commit us in any manner. There are no third-party beneficiaries of this Agreement.

Assignment. Except as otherwise expressly provided in this Agreement, you may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent. Any attempt by you to do so will be invalid.

Severability. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.

Survival. Our rights under this Agreement will survive any termination of this Agreement.

Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of you and Above + Beyond Cancer, Inc. and our respective successors and permitted assigns.