Terms of Use

                                         FROMCANCERTOHEALTH.COM    

TERMS OF USE AGREEMENT

Acceptance of this Agreement

FROMCANCERTOHEALTH.com, is owned, operated and presented to users by GmachBinyan Ariel Inc. (“hereinafter referred to as “FROMCANCERTOHEALTH.com”). This legally binding Terms of Use Agreement (“Agreement”) describes important information about Your use of the FROMCANCERTOHEALTH.COMWebsite and Your relationship with FROMCANCERTOHEALTH.COM. By accessing the FROMCANCERTOHEALTH.com Website You are indicating Your acknowledgement and acceptance to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not use this Website. You warrant that You are at least 18 years of age and have the legal capacity to enter into this Agreement and to use this Website in accordance with its terms. For the purposes of this Agreement, “You” and “Your” refer to any and allusers of the FROMCANCERTOHEALTH.COM Website.

General

FROMCANCERTOHEALTH.COM is aWebsite that provides material regarding cancer, the causes of cancer, information designed to help someonefighting cancer, and the Safirstein Program (the “Information”).

  • Medical AdviceFROMCANCERTOHEALTH.com is not licensed to provide medical care, treatment or to provide medical advice. Information on this website or sent to You by FROMCANCERTOHEALTH.com should not be considered medical or health advice. Such information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Information contained herein is for educational purposes only, it is Your responsibility to make informed decisions along with Your medical provider concerning Your health. Any questions about any medical condition or treatment for any condition should be directed to Your physician or a qualified healthcare provider. Unless stated otherwise, statements on our Website have not been evaluated by the FDA and/or by the AMA, and as per the above are not to be considered as medical advice, or to diagnose and/or treat any medical condition. No change in a patient therapy should ever be made without direct supervision and follow up of a physician or other licensed medical provider. By viewing this information, You warrant that this information is for educational use only and is not to be considered medical advice or to establish any relationship other than educational.
  1. Disclaimer of Warranties

THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, FROMCANCERTOHEALTH.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INFORMATION ON THIS WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FROMCANCERTOHEALTH.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE.FROMCANCERTOHEALTH.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, PRODUCTS OR SERVICES THAT YOU MAY OBTAIN FROM THIRD PARTIES.

FROMCANCERTOHEALTH.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.

INFORMATION ON THIS WEBSITE OR SENT BY THIS WEBSITE SHOULD NOT BE CONSIDERED MEDICAL OR HEALTH ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. THIS INFORMATION IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FROMCANCERTOHEALTH.COM DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL ON THE WEBSITE. FROMCANCERTOHEALTH.COM DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. FROMCANCERTOHEALTH.COM DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. FROMCANCERTOHEALTH.COM MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF WEB PAGES OFFERED BY FROMCANCERTOHEALTH.COM.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.

  • Limitation of LiabilityYOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FROMCANCERTOHEALTH.COM, ITS EMPLOYEES, OFFICERS, WRITERS, CONTRACTORS, OR PRINCIPALS BE LIABLE TO YOUR USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FROMCANCERTOHEALTH.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO FROMCANCERTOHEALTH.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF WEB PAGES OR OTHER CONTENT STORED THROUGHT FROMCANCERTOHEALTH.COM. UNDER NO CIRCUMSTANCES SHALL FROMCANCERTOHEALTH.COM OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some or all of the foregoing limitations may not apply to You.

YOU HEREBY RELEASE FROMCANCERTOHEALTH.COM FROM ANY AND ALL LIABILITY RELATED TO ANY DAMAGE CAUSED TO YOU THROUGH YOUR USE OF THE SITE.

IN THE EVENT THAT ANY APPLICABLE RELEASE OR DISCLAIMER OF LIABILITY CONTAINED HEREIN ISHELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, YOU HEREBY AGREE THAT ANY DAMAGE AWARD YOU MIGHT BE ELIGIBLE TO RECEIVE AGAINST FROMCANCERTOHEALTH.COMSHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

  • License 
  1. You acknowledge that this license is not a sale of intellectual property and that FROMCANCERTOHEALTH.COM continues to own all rights, title and interests, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Website and Information as well as any corrections, updates and upgrades.
  2. Except as set forth herein, You are not granted any title or rights of ownership in the FROMCANCERTOHEALTH.COMWebsite. However, FROMCANCERTOHEALTH.COM, subject to the terms and conditions set forth herein, hereby grants You a non-exclusive, limited, revocable, personal, license to use the FROMCANCERTOHEALTH.COMInformation subject to the terms of this Agreement. Except as otherwise set forth herein, You may not assign rights or obligations under this Agreement or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer Your rights to the Information without the express written consent of FROMCANCERTOHEALTH.COM.
  3. Links to Third Party Sites 
  4. This Website may from time to time contain links to other websites. These links are provided solely as a convenience to You, and do not constitute an endorsement, sponsorship or recommendation by FROMCANCERTOHEALTH.COM of — or responsibility for — the linked websites, any content, services or products available on or through such sites, or the companies associated with such sites. If You decide to access any of the linked sites, You do so entirely at Your own risk. FROMCANCERTOHEALTH.COM reserves the right to terminate any link at any time.
  5. Indemnification

You agree to fully defend, indemnify and hold harmless FROMCANCERTOHEALTH.COM and its affiliates, officers, agents, contractors and employees of and from any and all third party claims, causes of action, demands, costs, and damages, including but not limited to direct and consequential damages, attorney fees and costs, expert fees and costs, and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of Your use of the Information, this Website, or any violation of this Agreement. Choice of counsel remains exclusively that of FROMCANCERTOHEALTH.COM.

  1. Prohibited Activities

You agree that You will not, under any circumstances whatsoever, do any of the following during Your use of this Website:

  • use FROMCANCERTOHEALTH.COM in furtherance of any of the following: pornographic, obscene or excessively profane content.
  • use FROMCANCERTOHEALTH.COM for anything other than a lawful and legitimate purpose.
  • infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • transmit any information that is libelous or defamatory.
  • change or alter any information or Content offered by or through this Website.
  • use FROMCANCERTOHEALTH.COM in order to threaten, harass, stalk, abuse or otherwise violate the legal rights, including rights of privacy and publicity, of others.
  • upload information and files that contain viruses, worms, corrupted data or other code that manifests or potentially could manifest contaminating or destructive properties.
  • useFROMCANCERTOHEALTH.COM in such a manner as to affect adversely the availability of its resources to others.
  • fail to comply with applicable federal and state laws and regulations while using the FROMCANCERTOHEALTH.COM Website.
  • knowingly attempt to gain unauthorized access  through hacking, password mining or any other means, nor shall You knowingly commit an act or omission that facilitates such activity by another person.
  • attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by FROMCANCERTOHEALTH.COM in connection with the Information it provides on the Website.
  1. Termination by FROMCANCERTOHEALTH.COM This Agreement and all of its terms shall remain in full force and effect until it is terminated.If You violate the terms of this Agreement, Your right to use of this Website will terminate immediately. We may notify You that You have breached the Agreement. We may, in our sole discretion, terminate Your access to this Website, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to You or any third party for any such termination or discontinuance.
  2. Effect of Termination The termination of this Agreement will not affect any provision of this Agreement which, by its wording or its nature, is intended to remain effective and to continue to operate in the event of termination of this Agreement, and will not prejudice or affect the rights of any party against another with respect to any breach of the terms and conditions of this Agreement.

 

  1. Ownership of Intellectual Property

 FROMCANCERTOHEALTH.COM owns all rights, titles and interests in FROMCANCERTOHEALTH.COM’s intellectual property, including but not limited to: trade names, service marks, inventions, copyrights, trade secrets, patents and know-how relating to the design, function or operation of plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This Agreement does not constitute a license to You to use FROMCANCERTOHEALTH.COM’s trade names or service marks. Your use of any intellectual property rights and/or proprietary information mentioned in this Agreement or otherwise owned or licensed by FROMCANCERTOHEALTH.COM is limited to Your use in connection with the FROMCANCERTOHEALTH.COM Website and Information and/or any FROMCANCERTOHEALTH.COM software, functionality, service, or product made available to You.

  • Copyright Notice All content provided on this Website, including design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, (“Content”) is the exclusive property of FROMCANCERTOHEALTH.COM and is protected by U.S. and international copyright laws. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS PROHIBITED.

 

  • MiscellaneousTo the maximum extent permitted by applicable laws and unless otherwise mutually agreed upon in writing by the parties, this Agreement is governed by and is to be construed according to the laws of the United States and the state of Illinois without regard to conflict of law principals; except as otherwise set forth herein, You hereby consent to exclusive jurisdiction and venue in the state and federal courts located within the state ofIllinois. Some jurisdictions do not allow for the exclusion of certain warranties or, for instance, the limitation or exclusion of incidental or consequential damages as stipulated by this Agreement. By agreeing to be bound by these terms and conditions You may be waiving legal rights which could be available to You in another jurisdiction. FROMCANCERTOHEALTH.COM’s failure to insist upon or enforce strict performance of any provision of this Agreement or to exercise any rights herein will not be construed as a waiver of any provision or relinquishment to any extent of FROMCANCERTOHEALTH.COM’s right to assert or rely upon such provisions or rights on any future occasion. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement.Your rights under this Agreement may be assigned only upon prior written notice and express written approval by FROMCANCERTOHEALTH.COM. FROMCANCERTOHEALTH.COM may assign its rights hereunder to any person or entity who shall become a principal owner or shareholder of FROMCANCERTOHEALTH.COM. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio. Except as otherwise set forth herein, any notice which may be or is required to be given under this Agreement must be in writing and must be sent by first class mail, fax, courier, or e-mail. All notices will be effective upon receipt by the party at each party’s address as follows:You:If by means of electronic mail, to the most recent e-mail address provided by You to FROMCANCERTOHEALTH.COM. If by means of first class mail, fax, or courier, to a physical address provided by You to FROMCANCERTOHEALTH.COM. FROMCANCERTOHEALTH.COM:

Abraham Safirstein

8617 Harding Ave

Skokie, IL 60076

E-Mail: office@FROMCANCERTOHEALTH.COM Except as otherwise set forth herein, if any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.Neither party shall be liable to the other for any delay or default in performance where caused by any circumstance beyond its reasonable control including, by way of example, but not limited to, any act of God, failure of suppliers, internet failures, any act, regulation or law of any government, war, fire, theft, riot, embargoes, civil commotion, earthquake or storm, or epidemic (“Force Majeure”). Notwithstanding any other provision of this Agreement, FROMCANCERTOHEALTH.COM is not Your agent, partner or joint venturer in any respect.Accessing some or all of the Information may not be permitted by law in every country. If You access any of the Information from such a venue, You do so at Your own risk and are responsible for compliance with the laws of that jurisdiction.The section titles in this Agreement are for convenience only and have no legal or contractual effect.Please note that this Terms of Use may be updated from time to time. You should check it regularly to make certain that You are kept up to date.This Agreement constitutes the entire agreement and understanding between the parties with respect to the Website and Information, responsibilities, and obligations specified and agreed upon in this Agreement and supersedes all prior oral or written agreements and understandings between the parties with respect to such Website, Information, responsibilities, and obligations.  

 

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