ACRI’S TERMS OF USE AND PRIVACY POLICY
“Terms and Conditions of Use Agreement” (heretofore, “Agreement”)
INTRODUCTION
PLEASE READ THESE TERMS AS WELL AS THE GENERAL DISCLAIMER IN THE HOMEPAGE’S “ENTRANCE” LINK BEFORE USING THIS WEB-SITE-BLOG.
By using the Advanced Cancer Research Institute website-blog, (or ACRI), heretofore referred to as “Site”, you agree to these terms of use.
If you do not agree to these terms of use, please do not use this site.
Applying this Site’s conclusions and data can impact significantly and positively your life, but also negatively if you use or misuse this Site’s content in a way that is not intended by its authors.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms (including our Web Policy) means you accept those changes.
TERMS OF USE
This “Terms and Conditions of Use Agreement” (heretofore, “Agreement”) is a legal binding agreement between you, the user and the Site. This Agreement governs the use of this Site, including, but not limited to any and all conflict resolution approaches.
ARTICLE ONE
First off, ACRI (the Site) and its agents respect and honor your privacy. We want to make your experience on our site as enjoyable and rewarding as possible, and we want you to utilize it with confidence.
The Site may collect information via the “cookie” pathway, such as contact information in different ways from visitors and customers who are interested in the Institute’s services. We may use this information primarily to provide a customized experience as you use our services.
We do not share, sell, rent, or trade with third parties for their promotional purposes. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required by law or other special cases. You always have the choice to turn off facilitating cookies so that no information is collected.
ARTICLE TWO
GENERAL DISCLAIMER
This site may contain various types of information originating from ourselves or third parties, including outside vendors that provide health-related information or goods and services. The Site provides information about health issues designed to help users make better decisions. Likewise with the Site’s legal information.
But medical and legal information is not the same as medical or legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you to consult a physician and-or an attorney if you want professional assurance that our information, and your interpretation of our information, is appropriate to your particular situation.
The information presented through the Site is presented for essentially research and educational purposes.
Because there is some risk involved when changing diet and anti-cancer lifestyles, the author(s) and webmaster and agents of this site are not responsible for any adverse effects or consequences that might result from said diet changes.
Please do not apply the techniques this Site invokes and-ore recommends if you are not willing to fully assume all risks, including the risk of desisting from action (ie doing nothing).
If you do use the information contained on this web site without the approval of a health professional, you are prescribing for yourself, possibly self-healing or self-medicating, which is your constitutional right, but the Site, its author(s), agents and webmaster assume no responsibility while you, the reader and potential client does.
If you do not agree, the please cease using this Site.
To be clear, the information presented through this Site is not medical nor legal advice, and is not given as medical or legal advice. Nor is it intended to propose or offer to propose a cure for any disease or condition. Before starting any medical treatment, consult your physician. Before starting any legal action, please consult your lawyer.
IN OTHER WORDS, THE SITE AND ITS AGENTS SHALL HAVE NO LIABILITY WHATSOEVER FOR DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATING IN ANY AND ALL WAYS YOU, THE USER-READER, USES THE INFORMATION PROVIDED BY the SITE OR ANY OF ITS AUTHORS, SPONSORS, OR RESULTING FROM ANY DEFECTS OR ABSENCE THAT MAY ACCOMPANY THIS SITE, INCLUDING, BUT NOT LIMITED TO ITS BLOGS, POSTS AND THIRD PARTY INTERVENTIONS (IE, MEDICAL COMMENTARIES FROM OTHER BLOGGERS OR READERS FOR WHICH WE HAVE LITTLE IF ANY CONTROL).
Futhermore, this Site contains links to other Internet sites. These links are not endorsements of any products or services or documents in such sites, and no information in such site has been endorsed or approved by this site.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE.
THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND DOES NOT CONSTITUTE MEDICAL OR LEGAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR LEGAL ADVICE OR TREATMENT.
YOU ARE RESPONSIBLE FOR SEEKING PROFESSIONAL MEDICAL ADVICE IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH OR A HEALTH OR LEGAL CONDITION.
BY READING THIS SITE, YOU WILLINGLY AGREE TO HOLD THE SITE AND ITS AGENTS AND ITS AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHERMORE, WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION, OR MATERIALS, INCLUDING HEALTH-RECORD HISTORIES, PRESCRIPTION AND NONPRESCRIPTION DRUG PURCHASE HISTORIES, OR PRESCRIPTION REFILL INFORMATION.
WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE.
ARTICLE THREE
SPECIFIC LEGAL AND MEDICAL DISCLAIMER ON THE CREATION OF A PROFESSIONAL RELATIONSHIP BETWEEN THE SITE AND THE READER AND-OR POTENTIAL CLIENT
This website is provided for general and education information.
Information on this website is not intended to create a doctor-patient relationship, let alone an attorney-client relationship, nor does it constitute legal or medical advice to anyone receiving said information.
No electronic communication with the SITE on its own will generate patient-doctor nor an attorney-client relationship, nor will it be considered an attorney-client privileged communication.
No electronic communication with the SITE will generate an obligation on the part of the Site’s agent to respond. Nothing on the site is a substitute for legal advice of a health practitioner, doctor or an attorney, nor should anything on the site be the basis for someone to take legal action based on the content of this Article, all of which is protected via the First Amendment.
On the medical front, all “health” information contained in this site are pedagogical and transformational in nature, not intended to give any technical or medical.
Nothing in this Site can be thus construed to mean that a therapist-client relationship is established.
Some of the links provided are for convenience, they do not constitute an endorsement.
The SITE and its agents bear no responsibility for the accuracy, the legality or the content of the external sites or for that of subsequent links the SITE may invoke for informational purposes only.
Due diligence is encouraged at all times.
ARTICLE FOUR
ON ELECTRONIC INFORMATION
No electronic communication with the SITE and its agents on its own will generate an attorney-client or therapist-client relationship, nor will it be considered an attorney-client or therapist-client privledged communication. No electronic communication will generate an obligation on their part to respond. Nothing on the site is a substitute for the advice of an attorney of health practitioner, nor should anything on the site be the basis for someone to take legal action.
All information contained in this site are pedagogical in nature, not intended to give any technical, medical, legal, conventional or illegal advice and they remain protected under the First Amendment of the Federal Constitution and under international treaties and customary law whose legal effects are incorported within the jusrisdiction of the State via Article 6 of the US Constitution.
ARTICLE FIVE
COPYRIGHT
All content included on the site and the compilation of all content on the site are the property the Site and its agents, its President (CEO & Founder), its affiliates or its content suppliers, and are protected by U.S. and international copyright laws.
Unless you receive the Site’s prior express written consent, you may not:
(1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the site, including the content and/or software on the site;
(2) make any use of the SITE’s trademarks and/or trade dress;
(3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of the site; or
(4) use any metatags or any other “hidden text” utilizing the site’s name or trademarks.
In other words, ACRI’s founder and agents assert that any and all copyright is attached to all personal posts, writings, details, illustrations, comics, paintings, professional or amateur photos and videos, etc. (ie, this right is consistent with the Berner Convention).
For non commercial purposes, any one can copy and paste on their Facebook Wall our FB posts as long as they attribute the transferred content to ACRI and its agents.
ARTICLE SIX
FAIR USE
Notwithstanding the provisions of sections 106 and 106A of Title 17, Chapter 1 of the US Code, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors (cf Title 17, Chapter 1, para 107 et al of the US code).
ARTICLE SEVEN
LIMITATION OF LIABILITY
Use of our services is at your own risk. With regard to outside vendors and information providers, we do not endorse, or otherwise recommend or approve any product or information located on or available through our site.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY HARM TO YOU OR OTHERS RESULTING FROM THE USE OR MISUSE OF OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF OUTSIDE VENDORS OR INFORMATION PROVIDERS, OR FOR PERFORMANCE (OR NON-PERFORMANCE) WITHIN OUTSIDE NETWORKS OR INTERCONNECTION POINTS BETWEEN OUR SITE AND OTHER NETWORKS AND/OR SITES THAT ARE OPERATED BY THIRD PARTIES. WE ALSO MAKE NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH OUR SITE, AND YOU AGREE AND ACKNOWLEDGE THAT AT TIMES YOUR ABILITY TO ACCESS OUR SITE MAY BE IMPAIRED OR DISRUPTED. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ANY ACTION WE CONSIDER APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WE CANNOT GUARANTEE THAT THEY WILL NOT OCCUR, AND ACCORDINGLY WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT OR FAILURE OF THE INTERNET.
ARTICLE EIGHT
INDEMNIFICATION.
You agree to defend, indemnify the SITE and its agents, directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys’ fees) arising from or relating to your use of the site or your acts or omissions, including but not limited to (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement, or (4) any damage or destruction to our site, to us, or to other persons or parties.
ARTICLE NINE
BREACH
You hereby acknowledge that your breach of this Agreement may result in immediate and irreparable harm to the SITE and its agents for which there will be no adequate remedy at law, and that the SITE and its agents shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the site. Your breach of this Agreement may also entitle the SITE and its agents to bring an action against you for any and all other remedies available at law or in equity.
ARTICLE TEN
CONFLICT RESOLUTION
If legal action is contemplated, you are required first to consult with an attorney, then to notify us, in which case we may go to private Arbtration.
ARBITRATION
Whenever there is a legal issue, the owner of this profile (i.e., Pr. Joubert et al) may elect to resolve any and all claims by individual arbitration.
JURISDICTION
We operate and control our site from our locations in Ca. and Wa, United States of America. We make no representation that any information, materials or functions included on or through our site are appropriate for use in any other jurisdiction. If you choose to access our site from locations other than Wa and CA, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
This Agreement, and the rights and obligations of you and the SITE and its agents hereunder, shall be governed by, and construed in accordance with, the laws of the State of Ca and Wa. You further agree that any legal action or proceeding between you and the SITE arising out of or relating to this Agreement or your use of the site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Sacramento, CA and-or Seattle Wa, and you hereby expressly and irrevocably consent to the jurisdiction and venue of such courts the Site and its agents will choose.
By using this Site, you agree to let the Site owner choose between the State or the Federal jurisdiction. Usually, the Site owner prefers the Federal jurisdiction, easier to process legal actions given its electronic superiority over most State Jurisdictions. But said jurisdiction may depend on the subject matter.
ARTICLE ELEVEN
NO WAIVER, SEVERABILITY
A waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of this Agreement. In the event that any provision of this Agreement is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.
ARTICLE TWELVE
ASSIGNABILITY.
We may assign our rights and delegate our duties under this Agreement either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under this Agreement to anyone else.
ARTICLE THIRTEEN
RELATIONSHIP.
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and the Site’s owner and agents.
This web Site is owned and operated by Advanced Cancer Research Institute and and Pr. Joubert.
Terms drafted by the Director of the SITE
Advanced Cancer Research Institute
info@advancedcancerresearch.org
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