NBTS Legal Statement
The information, services, products, messages, and other materials contained on this website are provided for educational and informational purposes only and are not a substitute for medical advice and treatment. While we believe the information presented on this website to be accurate at the time of writing, we do not guarantee that its contents are correct, complete, or applicable to any particular individual situation. We strongly encourage individuals to seek out appropriate medical advice and treatment from their physicians.
The information, services, products, messages and other materials on this website are provided with the understanding that the National Brain Tumor Society (“NBTS”) is not engaged in rendering medical advice or recommendations. Sponsorship of this website does not imply NBTS’s endorsement or recommendation of any particular form or forms of therapy, treatment, regimen, or behavior.
Websites listed here are not under the control of NBTS. Accordingly, NBTS can make no representation concerning the content of these websites to you, nor can the fact that NBTS has given you this link serve as an endorsement by NBTS. NBTS is providing this link only as a convenience to you; this is to inform you that NBTS has not verified any information or tested any software found on these websites and therefore cannot make any representations regarding the quality, safety, or suitability of any information/software found there.
Effective as of February 5, 2010
Authors and Visitors
When you use our Website as a “Service” to register and create a profile, you are a registered “User.” When you use our Service to post content you are an “Author.” When you use our Service to view general content or visit another person’s NBTS Website, you are a “Visitor.” The term “User(s)” may be used to refer to an Author, a Visitor, or both.
Restrictions on Submissions. You may not post any Submission on a NBTS Website that:
1. violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
2. is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
3. you know (or reasonably should know) is false, deceptive or misleading;
4. contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes, or passwords;
5. contains “private” or “sensitive” information about any other individual, such as information about that person’s sexual conduct, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission;
6. contains the image, name, or likeness of anyone other than yourself, unless that person is over 18 and you have first obtained that individual’s express permission;
7. 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;
8. links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
10. violates any applicable local, state, national, or international law; or
11. is inconsistent with the values or the spirit of the NBTS user community.
Right, But Not Obligation, to Monitor Submissions. NBTS does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity, or quality of Submissions and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable Submissions will not appear on our Service. We do, however, reserve the right to review any or all Submissions at our sole discretion. In addition, we reserve the right to alter, edit, or remove any Submissions, in whole or in part, at our sole discretion.
Submissions Do Not Reflect the Views of NBTS. The Submissions posted on our Service by any person, regardless of that person’s affiliation or non-affiliation with NBTS, reflect only the opinions of the person posting the Submission.
Responsibility for Submissions Posted on Our Service
You, and you alone, are legally responsible for your Submissions. If any part of your Submission is not your original work, it is your responsibility to obtain permission from the copyright owner before you post your Submission.
Other Restrictions on Your Use of Our Service
You may not use our Service
1. to access (or attempt to access) areas or features of our Service for which you do not have the proper authorization;
2. to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
3. to link one NBTS Website to another without consent of Author of that NBTS Website;
4. to link one NBTS Website to another outside of the Links page on the NBTS Website;
5. in a manner that violates any national, state, local, or international law, rule, or regulation;
6. for any commercial purpose, including to advertise, promote or sell products or services;
7. to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
8. in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support our Service;
9. to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
10. in a manner that we determine, at our sole discretion, restricts or inhibits any other user from using or enjoying our Service.
Ownership of Content Posted by Authors and Visitors on an NBTS Website
Ownership of Website and NBTS Content
Copyrights. As between you and NBTS, NBTS and its licensors own and reserve the copyrights in our Service, including all of its Content, except that NBTS does not claim ownership of the copyrights in your Submissions.
Trademarks. All tradenames, trademarks, and service marks displayed on an NBTS Website are the registered or unregistered trademarks of NBTS, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Website without the prior express written permission of NBTS or the trademark owner.
Removal of Content
Violation of Copyrights. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify the Executive Director immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
1. a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
2. a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
3. enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e–mail address;
4. a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
5. a statement that all of the information you have provided is accurate; and
6. a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Your notice must be signed (physically or electronically) and must be addressed as follows:
N. Paul TonThat, Executive Director
National Brain Tumor Society
East Coast Office
55 Chapel Street, Suite 200
Newton, MA 02458
Phone: 617 393 2811
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon NBTS actual knowledge of facts or circumstances from which infringing material or acts are evident.
Ownership of Ideas
DO NOT SUBMIT CONFIDENTIAL OR PROPRIETARY IDEAS TO US. DO NOT SUBMIT IDEAS TO US IF YOU EXPECT ANY FORM OF COMPENSATION. ANY IDEAS YOU CHOOSE TO SUBMIT TO US MAY BE USED BY US IN ANY MANNER WHATSOEVER WITHOUT COMPENSATING YOU IN ANY WAY AND WITHOUT OBLIGATION OF CONFIDENTIALITY. PLEASE READ THIS SECTION CAREFULLY BEFORE YOU SUBMIT ANY IDEAS TO US.
NBTS does not wish to receive confidential or proprietary Ideas. All Ideas submitted to NBTS through our Service shall be considered NON–CONFIDENTIAL and NON–PROPRIETARY.
By submitting Ideas to NBTS through our Service, you are granting to NBTS and its designees a perpetual, irrevocable, worldwide, non–exclusive, fully–paid up and royalty free, fully assignable, transferable, and sublicensable license to use, exploit, modify, improve, copy, distribute, display, or perform publicly (including, in the case of sound recordings, to perform publicly in digital audio transmission), prepare derivative works of the Ideas you submit (and all rights therein), without restrictions of any kind, without any payment or other consideration of any kind, without notification to you or any third party, and without attribution, throughout the universe and in any form, format, or medium now or hereafter known, and to authorize others to do the same. This license includes the right to reduce to practice, make, have made, use, import, export, sell, and offer to sell products and services incorporating, embodying, or using the Ideas (including, to the extent reasonably necessary, any ideas underlying the Ideas) and to authorize others to do the same.
Right to Modify or Discontinue Site
NBTS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Service (or any part thereof) with or without notice. NBTS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
Links to Other Sites
Disclaimer of Warranties
NBTS MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SERVICE, ANY CONTENT (INCLUDING USER SUBMISSIONS) ON THIS SERVICE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SERVICE. THIS SERVICE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NBTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, OR COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NBTS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SERVICE. NBTS DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT, OR STATEMENT MADE ON THIS SERVICE BY USERS, AND USER SUBMISSIONS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE, OR STATEMENT OF NBTS.
NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.
Limitations Of Liability
UNDER NO CIRCUMSTANCES, SHALL NBTS, OR ITS SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SERVICE, ITS CONTENT (INCLUDING USER SUBMISSIONS), ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SERVICE, OR YOUR USE OF OR INABILITY TO USE THIS SERVICE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SERVICE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NBTS OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NBTS, ITS SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
Terms for Registered Users of an NBTS Website
The following special terms apply when you use our Service to create or maintain a NBTS Website:
Age Restriction. You must be at least 18 years old to create and maintain a NBTS Website. If you are under 18, your parent or guardian may create and maintain a NBTS Website for you. Your parent or guardian must register and select the privacy level for the NBTS Website.
User Registration Information. As the Author of a NBTS Website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the setup account form on the “Setup Account” Page, and (b) to maintain and promptly update the Registered User Account Information to keep it true, accurate, current and complete.
Registered User Log-In Information. As the Author of a NBTS Website, you will update your site using your log-in information (username and password). When you log in using your username and password, you will be able to update your NBTS Website and set the level of privacy for your NBTS Website. You may change this information at any time.
Registered User Log-In Information Security. You may not use the username and password of any other person to access our Service. You are responsible for maintaining the confidentiality of your username and password and may not let any other person use it to access our Service. You shall be solely responsible for the activities of anyone accessing our Service using a username and password assigned to you, even if the activities were not, in fact, authorized by you. You must notify NBTS immediately of any unauthorized use of your username and password. Email us at firstname.lastname@example.org. In addition, if you believe or suspect your username and password has been compromised, you must promptly change your username and password using the functionality provided on our Service. If you need help changing your username and password, contact us at email@example.com.
Privacy Settings. Our goal is to balance our Registered Users’ need to find each other, communicate information and support against our Users’ desire for a measure of privacy. Because our Authors have different preferences and needs, we let each Author choose from a menu of privacy settings. The menus vary, depending on when the NBTS Website was first created.
Term and Cost of Service. Unless one of the other provisions of these Terms of Service applies:
- NBTS will host your NBTS Website at no charge to you for one (1) year from the date you create your NBTS Site.
- At the end of one (1) year, we may review your NBTS Website for activity. If your NBTS Website is still active, we will contact you and, if you wish, continue to maintain your NBTS Site at no charge to you. If your NBTS Website has been inactive for at least six (6) months as of the end of the first year, we may delete your NBTS Website.
- After the first year, we will periodically review your NBTS Website for activity. After the first year, we may delete inactive an NBTS Website after a six (6) month period of inactivity.
- You may deactivate your NBTS Website at any time.
Termination. As the registered user of a NBTS Website, you agree that NBTS may, under certain circumstances and without prior notice, immediately delete your NBTS Website. Cause for such termination will include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods (more than six months) of inactivity. Further, you agree that all terminations for cause will be made at NBTS’s sole discretion and that NBTS will not be liable to you or any third–party for deletion of your NBTS Site.
Preserve Your NBTS Website. We recommend that, from time to time, you print your blog and other pages of your NBTS Website so that you will have a back–up copy in case any part of your NBTS Website is accidentally destroyed.
As a charitable 501(c)(3) organization, NBTS invites Users to provide charitable donations to NBTS. Donations ensure families can use NBTS free of charge. NBTS will inform Users of the opportunity to donate on an NBTS Website, within email communications and within direct mail letters. Users can opt–out of email and direct mail letter communications.
From time to time, Users will post information on an individual NBTS Website to let other Users know how they can contribute money to help someone in need. Our concern is that some of these requests for help may be fraudulent and our Users may be deceived. We can not review every posting on every NBTS Website and have no way of policing these requests or determining their authenticity. Accordingly, we urge you not to respond to any fundraising requests that may be posted on an individual NBTS Website unless you are absolutely certain, from first hand knowledge, that the request is legitimate and that your donation will be used in the manner you intend. NBTS WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSSES OR DAMAGES CAUSED OR ALLEGED TO BE CAUSE IN CONNECTION WITH YOUR RESPONSE TO ANY SOLICITATION CONTAINED ON ANY INDIVIIDUAL NBTS WEBSITE. We also want to remind you that contributions made in response to solicitations posted on individual NBTS Website are not contributions to NBTS and may not be tax deductible.
Every member of the community, including the Author, family, and all Visitors, is responsible for maintaining the confidentiality of the Website address (“URL”) of a NBTS Website in accordance with the Author wishes. NBTS has no way of knowing and will not be responsible or liable if the individual accessing a NBTS Website obtained the Website address through improper means.
In addition, individuals using our Service must understand that the Internet is inherently insecure and no website operator can guarantee that a website is secure.
NBTS does not warrant that our Service or any NBTS Website is secure or “hackerproof.” You use our Service solely at your own risk.
Protecting Children under the Age of Thirteen
NBTS communities may include friends and family of all ages. Special care must be taken to protect children under the age of 13. For this reason, NBTS does not permit children under age 18 to create or maintain their own NBTS Website — a pa" ent or guardian must register as the Author and take responsibility for the NBTS Website. We also do not permit children under the age of 13 to use the Website. Instead, their parent or guardian must register, so that the parent or guardian can supervise their child’s activities as necessary. If you believe that a child has posted Submissions on our Service without the consent and supervision of a parent or guardian," please contact us at firstname.lastname@example.org so that we can take appropriate action.
Choice of Law, Jurisdiction, and Venue
Statute of Limitations
National Brain Tumor Society
Security and Privacy Requests
22 Battery Street, Suite 612
San Francisco, CA 94111-5520