These Terms of Use govern your access to, use of, or reliance upon all information, opinions, recommendations, material, services, products, tools, or other content of any kind presented, received, collected, processed, offered, or provided directly or indirectly by the Amy Sobel Foundation (collectively, “Content”).

The Amy Sobel Foundation is committed to fighting cancer and saving lives by supporting innovative research and raising awareness. Content is provided in good faith solely for the purpose, and in furtherance, of this mission. However, the Amy Sobel Foundation assumes no responsibility or liability for the timeliness or accuracy of any Content or any use to which it is put.
 
Content is offered to you on the express condition that you accept and agree to be bound by, without modification, these Terms of Use. The Amy Sobel Foundation reserves the right to change these Terms of Use at any time, and such changes are effective immediately upon posting. Your continued use of Content after any such changes constitutes your acceptance of the revised Terms of Use.

 

Medical Disclaimer and Prediction Tool Disclaimer

 

You acknowledge that the content on the Sites are provided “as is” and without warranties of any kind. The content is not meant to be used for self-diagnosis or to replace the services of a medical professional. The content, including text, graphics, images, information and other materials regardless of the originating source is for informational purposes only.

​

Prediction tools we link to are for general health information only. They are not to be used as a substitute for medical advice, diagnosis, or treatment of any health condition or problem. Users of the prediction tools should not rely on information provided by the prediction tools for their own health problems. Questions should be addressed to your own physician or other healthcare provider. The Amy Sobel Foundation makes no warranties, nor express or implied representations whatsoever, regarding the accuracy, completeness, timeliness, comparative or controversial nature, or usefulness of any information contained or referenced in prediction tools. We do not assume any risk whatsoever for your use of the prediction tools or the information contained herein. Health related information changes frequently and therefore information contained in the prediction tools may be outdated, incomplete or incorrect. Use of the prediction tools does not create an express or implied physician-patient relationship. We do not endorse or claim validity for the prediction tools linked to on our website. In using the prediction tools, you agree that neither Amy Sobel Foundation nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or any action not taken due to your use of any information presented in the prediction tools.

 

The Amy Sobel Foundation does not offer medical advice or recommendations to individuals regarding prevention, diagnosis, or treatment. You should not rely on content provided by the Amy Sobel Foundation as a substitute for consultations with qualified health care professionals who are familiar with individual medical conditions and needs and any reliance you place on such content is strictly at your own risk. We do not advocate that you attempt to treat yourself, your family or someone you know without proper medical supervision. We encourage you to seek the guidance of your healthcare provider if you feel that you, your family or someone that you know has health concerns related to those discussion in our content. Never disregard professional medical advice or delay in seeking it because of something in our content. Reliance on any content provided by or on behalf of the Amy Sobel Foundation is solely at the user’s own risk.

 

The Amy Sobel Foundation does not recommend or endorse any service, service provider, test, product, procedure, or opinion that may be mentioned in our content.

 

Disclaimer of Warranty

 

As permitted by applicable law, your access to and use of content (including without limitation all services and content) is at your sole risk. Content is provided on an “as is”, “as available”, and “with all faults” basis. To the fullest extent permissible by applicable law, the Amy Sobel Foundation and our direct and indirect subsidiaries, affiliates, and each of their respective employees, volunteers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, content, services, or third party content or services.

​

The Amy Sobel Foundation makes no warranties of any kind regarding the content, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

 

The Amy Sobel Foundation makes no representation that it operates (or is legally permitted to operate) in all geographic areas or that the content is appropriate or available for us in all geographic locations. Accessing our content from territories where the content is illegal is expressly prohibited. If you view and/or access our content from any country other than the United States of America, you acknowledge that you are doing so of your own initiative and that you are solely responsible for compliance with applicable local laws.

 

Limitation of Liability

 

By using the Sites, you agree that you will hold harmless the Amy Sobel Foundation and its officers, directors, employees and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, the content or other sources to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from our website or another website to which they are linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will the Amy Sobel Foundation or contributors of information to the Amy Sobel Foundation be liable to you or anyone else for any decision made or action taken by you in reliance on such content or for any consequential, special or similar damages, even if advised of the possibility of such damages.

 

Indemnification

 

As permitted by applicable law, you agree to, and you hereby defend (if requested by the Amy Sobel Foundation), indemnify, and hold harmless the Amy Sobel Foundation from and against any and all claims, damages, losses, costs, investigations, liabilities, judgements, fines, penalties, settlements, interest, and expenses (including attorney’s fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the Amy Sobel Foundation, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your use of our content and services, (ii) your breach or alleged breach of these Terms of Use or any applicable additional terms, your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of our content or your activities in connection with them, (iii) any information or material provided or submitted by you that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entities, (iv) any misrepresentation made by you, and (v) Amy Sobel Foundation’s use of the information that you submit to us subject to our Privacy Policy. You will cooperate as fully required by the Amy Sobel Foundation in the defense of any of the aforementioned claims or losses. Notwithstanding the foregoing, the Amy Sobel Foundation retains the exclusive right to settle, compromise, and pay any and all claims or losses associated herewith. You will not settle any claims or losses without, in each instance, the prior written consent of an officer of the Amy Sobel Foundation. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.

Endorsements

 

You acknowledge that the opinions and recommendations contained in our content are not necessarily those of the Amy Sobel Foundation or endorsed by the Amy Sobel Foundation. The Amy Sobel Foundation may provide links to other websites which are not under the control of the Amy Sobel Foundation. These links are provided for convenience of reference only and are not intended as an endorsement by the Amy Sobel Foundation of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

 

Ownership and Rights to Use of Materials

 

These Terms of Use permit you to use our content for your personal, non-commercial use only. Failure to abide by these conditions will immediately terminate this permission and may result in the violation of applicable intellectual property and unfair competition laws.

 

The Amy Sobel Foundation name, logo, and all related names, logos, product and service names, design, and slogan are trademarks of the Amy Sobel Foundation or its affiliates or licensors. You must not use such marks without the prior written permission of the Amy Sobel Foundation.

​

Term and Termination

 

These Terms of Use are effective from the date that you first access our content or on the date that you activate a user-specific your account for the Services, whichever is earlier, and continues in effect until terminated in accordance with these Terms of Use.

​

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, tour content, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our content, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate the Amy Sobel Foundation to maintain and support our content, or any part or portion thereof, during the term of these Terms of Use.

​

Security

​

You may not use the Sites or any of the Amy Sobel Foundation’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, the Amy Sobel Foundation reserves the right to view, monitor, and/or record activity on the Sites. Such recorded activity is subject to review by law enforcement organizations. The Amy Sobel Foundation will also comply with all court orders or subpoenas involving requests for information to the extent it is required to comply under applicable law.

 

Linking Information

 

The Amy Sobel Foundation may grant the owner of an approved website permission to use a hypertext link on his or her website, provided: (a) any text-only link must clearly be marked “Amy Sobel Foundation”; (b) the link must “point” to the URL www.amysobelfoundation.org and not to other pages within the Sites; (c) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with the Amy Sobel Foundation’s name and trademarks; (d) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than the Amy Sobel Foundation is associated with or sponsored by the Amy Sobel Foundation; (e) the link, when activated by a user, must display the Sites full-screen and not with a “frame” on the linked website; and (f) the Amy Sobel Foundation reserves the right to revoke its consent to the link at any time in its sole discretion by amending these Terms of Use. The Amy Sobel Foundation is not responsible for the information or materials contained on the host website. Links  are provided for convenience of reference only and are not intended as an endorsement by the Amy Sobel Foundation of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

 

Jurisdiction

 

The Amy Sobel Foundation is headquartered in the Commonwealth of Massachusetts, United States of America. Its content can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing the content both you and the Amy Sobel Foundation agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of the content. You and the Amy Sobel Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Essex County, Massachusetts and the United States District Court for the Central District of Massachusetts with respect to such matters. The Amy Sobel Foundation makes no representation that its content are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access its content from other locations do so on their own initiative and are responsible for compliance with local laws.

 

Injunctive Relief

 

You agree that the Amy Sobel Foundation shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Terms of Use. Accordingly, you hereby waive any requirement that the Amy Sobel Foundation post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the Amy Sobel Foundation to enforce any provision of this Terms of Use.

 

Severability

 

Severability. If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms of Use. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.

 

Contact

 

All questions, feedback, comments, requests for technical support, and other communications should be directed to the Contact page on our website.