Terms of Use

THIS AGREEMENT GOVERNS YOUR USE OF THIS SITE AND ALL CONTENT AND SERVICES AVAILABLE VIA THIS SITE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE.

Acceptance of Terms of Use

These Terms of Use (the “Agreement”) state the terms and conditions under which you may use the website associated with Breast Cancer Freebies (“BCF”), located at www.breastcancerfreebies.com and breastcancerfreebies.wordpress.com, and all Content and Services available therein (the “Site”).  Please read this Agreement carefully. This Site may contain various information in the form of data, text, graphics, news, reports and other materials proprietary to BCF, as well as third party content, (collectively, the “Content”).   By accessing, browsing and/or using this Site and any services that may be made available through the Site (the “Services”) you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Intellectual Property Rights in the Site

You acknowledge that the Site and various elements contained therein may be protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that to the extent they exist these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of BCF or its licensors. You shall comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part without express permission.

Trademarks

“Breast Cancer Freebies” and all other associated trademarks, logos and services marks displayed on the Site, belong to BCF or its licensors (collectively the “Trademarks”).  Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without BCF’s prior written permission in each instance.

Advertisements

BCF, in its sole discretion, may post the advertisements of third parties on the Site.  The display of advertisements on the Site is not intended as and does not in any manner constitute a recommendation, endorsement, or approval of the advertiser or its services by BCF or any of its associates.  Your correspondence or any other dealings with any advertisers found on this Site are solely between you and such advertiser and BCF is not responsible or liable for the statements or conduct of any third party, nor for any loss or damage incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to BCF through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information to BCF through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY.  BCF may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting.  Further, BCF is free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information to the Site, you are granting BCF a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Health Information

Any health-related information on the Site is provided by BCF solely for informational purposes.  It is not, nor is it intended to, constitute medical advice and is not, nor is it intended to be, a substitute for proper medical care provided by a physician.  BCF assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information on the Site or provided by a third party.  Users should always consult with their doctor for appropriate examinations, treatment, testing and care recommendations.  No user should rely on information on the Site as a tool for self-diagnosis or treatment.

Disclaimer of Warranty

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  BCF DOES NOT PROVIDE HEALTH CARE OR MEDICAL SERVICES AND DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. THE INFORMATION PROVDED BY BCF THROUGH THE SITE IS DESIGNED SOLEY TO ASSIST AND EDUCATE USERS OF CERTAIN OPPORTUNITIES, PRODUCTS, GROUPS AND SERVICES THAT ARE OR MAY BE AVAILABLE.  BCF DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, AS WELL AS THE QUALITY AND PERFORMANCE OF ANY PRODUCT OR SERVICE LISTED ON THE SITE, IS ASSUMED SOLELY BY YOU.  AT THE TIME OF PUBLICATION OF CERTAIN PRODUCTS AND/OR SERVICES ON THE SITE, BCF MAY REASONABLY BELIEVE THAT, WHEN NOTED, THE PRODUCTS AND SERVICES  WERE FREE OF CHARGE.  BCF DOES NOT, HOWEVER, GUARANTEE THAT ANY ITEMS REMAIN FREE OF CHARGE AS CIRCUMSTANCES AND FUNDING MAY CHANGE.  UNDER NO CIRCUMSTANCES SHALL BCF BE LIABLE OR RESPONSIBLE FOR ANY CHARGES THAT MAY BE INCURRED BY A USER OF THE SITE.  BCF DOES NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, LISTED ON OR REGARDING THE SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR WITH ANY PRODUCT OR SERVICE LISTED ON THE SITE IS TO STOP USING THE SITE.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL BCF, OR ANY OF ITS EMPLOYEES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE AND THE INFORMATION OBTAINED THROUGH THE SITE.  IN NO EVENT SHALL BCF, OR ANY EMPLOYEE OR AGENT, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

Indemnification

You shall indemnify and hold harmless BCF, and its employees and agents, for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, or any violation of this Agreement.

Miscellaneous

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. The sections of these Terms of Use entitled Disclaimers and Limitation of Liability, Indemnification and Miscellaneous shall survive the termination of these Terms of Use.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, USA, except with regard to its conflicts or choice of law rules. These Terms of Use contain the entire agreement between BCF and you concerning the Site. You shall comply with all laws, rules and regulations that are now or hereinafter promulgated by any government authority or agency that govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you shall comply with such restrictions and not export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States.  You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.  All rights not expressly granted herein are reserved by BCF.

Links to Other Websites

The Site may provide references or links to third party websites. These Terms of Use govern only the Site and not any such third party websites.  BCF’s decision to link to a third party website is not an endorsement, approval or recommendation of the content or services in that linked third party website.  If you decide to access linked third party websites, you do so at your own risk.  You should direct any concerns regarding any third party websites to the administrator of the applicable third party website.

How to Contact BCF

If you have any questions, comments, or concerns about the Site, please contact BCF by emailing as follows:  BreastCancerFreebies@Gmail.com