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Information central for parenting with breast cancer.

Disclaimer

TERMS OF USE AGREEMENT

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED.

USE OF THIS WEBSITE

Wagner Strategic Marketing Services LLC (”Wagner”) maintains the breastcancermoms.com website (”Website”) for your personal education, information, entertainment, and communication. Please feel free to browse the Website. Wagner hereby grants you permission to use the Website as set forth in this Terms of Use Agreement (”Agreement”), provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or otherwise distribute any part of the Website in any medium whatsoever without Wagner’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; (iv) you will comply with the laws of the United States and foreign countries regarding the use of the material on the Website; and (v) you will otherwise comply with the terms and conditions of this Agreement.

You may not use any “deep-link,” “page-scrape,” “robot,” “spider,” “offline readers,” or any equivalent manual process, to access or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

INTELLECTUAL PROPERTY

Unless otherwise indicated, the contents of this Website are the property of Wagner and are protected, without limitation, pursuant to U.S. and foreign intellectual property laws. No material from Wagner or this Website may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Wagner’s intellectual property rights. For purposes of this Agreement, the use of any such material on any other website or computer environment is prohibited without the express written consent of Wagner. The content on the Website, including without limitation, all Submissions (as defined below) trademarks, copyrights, text, software, graphics, photos, music, sounds, videos, photos, text, lyrics and the like (”Content”), are owned by or licensed to Wagner and subject to copyright, trademark and other intellectual property laws of the United States and foreign countries. The Content on the Website is provided to you “AS IS” for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Wagner. Wagner reserves all rights not expressly granted in and to the Website and the Content.

SUBMISSIONS

The Website may now or in the future permit the submission of content, communications, art work, articles, audio files, audiovisual files or other information (”Submissions”) submitted by users of the Website (”Users”) and the distribution, downloading, sharing and/or publishing of such Submissions. Whether or not such Submissions are published, Wagner does not guarantee the confidentiality of any Submissions. Wagner does not endorse any Submission or any opinion or statement expressed therein. Wagner expressly disclaims any and all liability in connection with any and all Submissions.

In using the Website, you understand that you will be exposed to Submissions from a variety of sources and Users. Wagner is not responsible for the accuracy, safety, or intellectual property rights of or relating to such Submissions. You further understand that you may be exposed to Submissions that are inaccurate, offensive, or objectionable, and you agree to and hereby do waive any legal or equitable rights or remedies you may have against Wagner with respect thereto.

In connection with Submissions, you represent, and warrant that you:

(i) have the right and authority to enter into this Agreement;

(ii) own or have the necessary licenses, rights, consents, and permissions to use and authorize Wagner to distribute, share, publish or otherwise use all proprietary rights in and to any and all Submissions to enable inclusion and use of the Submissions in the manner contemplated by the Website;

(iii) will not submit material that is copyrighted by a third-party or otherwise subject to third-party proprietary rights and that the Submission does not infringe upon or misappropriate the intellectual property rights of any third-party;

(iv) will not submit material that is subject to any third-party privacy or publicity rights;

(v) will not submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, or encourages conduct that would be a criminal offense, violate any law, or is otherwise inappropriate;

(vi) all materials are free from computer viruses and/or any type of code that could potentially disrupt the operation of this Website;

(vii) permit Wagner to use your name and likeness in connection with the Website and the promotion and distribution of the Submission; and

(viii) are eighteen (18) years old or older.

By submitting any Submission to Wagner or through the Website you hereby irrevocably grant to Wagner a worldwide, non-exclusive, royalty-free, transferable and sublicenseable license to reproduce, distribute, modify, prepare derivative works of, display, perform and otherwise use the Submission.

COPYRIGHT INFRINGEMENT NOTIFICATION

Wagner does not endorse or permit copyright infringing activities or any other infringement of intellectual property rights on its Website. Wagner will remove all Submissions if properly notified that such Submission infringes on another’s intellectual property rights. Wagner reserves the right to remove any Submission without prior notice. Wagner also reserves the right to decide whether any Submission is appropriate and complies with this Agreement. Wagner may remove any Submissions and/or terminate a user’s access to the Website at any time, without prior notice and at its sole discretion.

If you are a copyright owner or an agent thereof and believe that any Submission or other Content of this Website infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Wagner’s Copyright Agent for notice of claims of copyright infringement can be reached by contacting us.

DISCLAIMER

THIS WEBSITE, INCLUDING ANY CONTENT, SUBMISSION OR INFORMATION CONTAINED WITHIN OR PROVIDED THROUGH IT, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INFORMATION RECEIVED THROUGH IT. FURTHER, WAGNER MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE. WAGNER FURTHER DOES NOT WARRANT THE QUALITY, VALIDITY, ACCURACY OR COMPLETENESS OF THE CONTENT OR THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED. WAGNER MAY MAKE CHANGES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS MAY BE OUT OF DATE, AND WAGNER MAKES NO COMMITMENT TO UPDATE THE MATERIALS AT THIS WEBSITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THIS WEBSITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE.

LIMITATION OF LIABILITY

WAGNER AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS AND ITS AFFILIATES AND ITS SPONSORS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE OR ANY INFORMATION RECEIVED FROM THE WEBSITE, INCLUDING THE SUBMISSIONS OR ANY INFORMATION OR CONTENT CONTAINED WITHIN OR THROUGH THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE AND THE INFORMATION OBTAINED THEREIN.

INDEMNITY

You agree to defend, indemnify and hold harmless Wagner, its members, officers, directors, employees and agents, and any contributors to the Website from and against any and all claims, damages, losses, liabilities, cost, and expenses, including but not limited to attorneys’ fees, arising from: (i) your use of the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including but not limited to, any copyright, property, privacy right or intellectual property right; or (iv) any claim that one of your Submissions caused damage to a third party. This indemnification obligation will survive the term of this Agreement and your use of the Website.

NON-CONFIDENTIAL MATERIALS

Wagner does not want to receive any confidential information from you through this Website. Any Submissions or other information you transmit or post to this Website or send via e-mail to Wagner will be considered non-confidential. Wagner will have no obligations with respect to the Submissions. Wagner and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Submissions and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.

LINKS TO OTHER WEB SITES

Links to third party websites from this Website are provided solely as a convenience to you. Wagner has not reviewed all of these sites or their content. Thus, Wagner does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

APPLICABLE LAWS

This Website is controlled and operated by Wagner from Milwaukee, Wisconsin, United States of America. Although the Website is accessible worldwide, not all features or services offered through the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Wagner and this Website make no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement will be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any of its principles of conflicts of laws.

GENERAL

This Agreement represents the entire agreement relating to the use of this Website. Wagner’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. Wagner may at any time revise this Agreement by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Agreement to which you are bound. Wagner may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason, including, without limitation, breach of this Agreement.

Copyright 2008 Wagner Strategic Marketing Services LLC. All rights reserved.