Miles for Meso is a Mesothelioma Awareness Day race and fun run/walk dedicated to building awareness and funding research.

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Terms of Use

User Agreement for the Miles for Meso Website

This World Wide Web site with its home page in the domain "milesformesothelioma.org" (the "Website") is a complimentary information and community service offered by the Simmons Mesothelioma Foundation ("SMF") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Your registration to Miles for Meso represents that you have read and accepted the terms of this User Agreement. SMF reserves the right to change these terms and conditions any time, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Do no use the Website if you do not agree to all of the following terms and conditions.

You acknowledge that the information on the Website is provided "AS IS" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. SMF MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, 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.

You agree that you will hold harmless SMF and its volunteers, officers, directors, and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this Website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will SMF or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.

You acknowledge that opinions and recommendations contained in this Website are not necessarily those of the SMF or endorsed by SMF.

RIGHTS AND RESPONSIBILITIES OF USERS

No reproduction of content

Each User agrees not to reproduce, duplicate, copy, sell, resell, redistribute, exploit for any commercial purpose or publish the information provided on the Simmons Mesothelioma Foundation Web service and the Simmons Mesothelioma Foundation service (collectively, the “Service”) (including the underlying code that constitutes the Service), or sell, resell or redistribute any software downloaded from the Service, without obtaining the express, prior written consent of SMF. This restriction includes any attempt to incorporate the information contained in the Service into any e-mail or other "white pages" directory. Such information includes the names, e-mail addresses and other personal information provided by the Members of The Cancer Survivors Network and any other Users of the Service.

No use of automated information compilers

Each User agrees not to use any automated means to download or reconstruct the information contained in the Service or compiled by SMF.

System Integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of The Cancer Survivors Network site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure.

No solicitation or "spam"

Each User agrees not to use the Service or the information provided in the Service to solicit any person listed therein or to send "junk mail" or "spam" to any such person. Further, each User agrees not to sponsor or list as a contact any person they do not know, any person who has explicitly informed the User that they do not wish to participate in the Service, or any other person who the User knows would be offended or annoyed by being asked to participate in the Service.

No harassment or objectionable use of the Service, or interference with others' use of the Service

Each User agrees not to harass, threaten or make any other objectionable communication with any person who is part of The Cancer Survivors Network Service or in the Service and further agrees to cease such conduct at the request of either SMF, the person to whom the conduct is targeted, or applicable government authorities.

Each User shall use the Service solely for lawful purposes. No User shall promote or contribute to the delinquency of a minor or solicit a minor in any way through use of the Service.

No User shall engage in any conduct that, as determined in SMF's sole and absolute discretion, inhibits any other User from using or enjoying the Service.

Provision of truthful and accurate material

Each User agrees that any information provided by such User will be truthful, accurate and not misleading, to the best of the User's knowledge. Each User agrees not to identify him- or herself with an alias and, where applicable, each User agrees to provide the User's own name and other personal information.

No defamatory, objectionable or infringing material

A User shall not post, provide or otherwise make available any material of any sort (including member information, such as names and usernames, postings and other publicly viewable information) that:

(a) is defamatory or libelous or would violate or infringe in any way upon the rights of others,
(b) is protected by copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, without the express permission of the owner of such right,
(c) violates any law, statute, ordinance or regulation, including without limitation the laws and regulations governing export control, or would give rise to criminal or civil liability of any kind whatsoever,
(d) is illegal or promotes illegal activity,
(e) is deliberately false or misleading,
(f) is indecent, pornographic, obscene, objectionable or offensive,
(g) promotes bigotry, racism or hatred,
(h) is threatening or abusive or promotes physical harm or violence against any individual or group,
(i) violates any laws regarding unfair competition, anti-discrimination or false advertising, or
(j) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

SMF reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. It is impossible for SMF to know whether a posting represents a copyright or other infringement. The provider of any content is responsible for ensuring that such content does not violate any extant copyright or trademark.

General Compliance with Laws

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Service.

No commercial use of the Service

No User shall use the Service for commercial activity (other than incidental use) or for any solicitation whatsoever (including the selling of "opportunities," such as direct sales or multi-level marketing), or to solicit any charitable requests or petitions for signature, unless the aspect of the Service in question explicitly endorses such use or SMF has provided its prior, written consent to use. This means there is to be no advertising or promotion for commercial purposes.

No User shall use the Service for any of the following purposes: to recruit members as participants in a research project of any kind, to identify persons to interview for a media project or any kind, to interview members for a publication, to recruit volunteers for any service or organization, or solicit members for any other purpose. Users who wish to announce their projects on the CSN may submit an announcement request to the communitymanager@SMFcsn.org.

Applicability of export restrictions

Users agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.

Self-protection from viruses

It is up to each User to take precautions to ensure that anything selected for personal use is free of such items as software viruses, worms, trojan horses and other items of a destructive nature.

Privacy and passwords

Upon becoming a Member of the Service, each User shall receive a password and an associated account. Each Member is solely responsible for maintaining the confidentiality of such password (or modifying such password) and account. Each Member shall immediately notify SMF of any unauthorized use of the Member's account or other breach of security. SMF is not responsible for such unauthorized use and makes no warranties as to the correction of such unauthorized use. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

Discontinuance of membership

Each Member is free at any time and for any reason to discontinue use of the Service and to remove from the Service any information provided by such User to SMF, upon reasonable notice thereof.

Email

Proper and full use of the Service may require the access to, and the use of, email by the User. Failure to obtain regular and complete access to email (and, in particular, the email accounts that the User has listed with the Service), may interfere with the User's ability to use and fully enjoy the Service, and thus each User is encouraged to maintain such email access.

Remedies

Violation of any of the terms and conditions contained in this Agreement will result in immediate termination of the User's right to use this service and SMF reserves the right to invoke any and all remedies available to it either in law or equity.

Copyright and related rights

Each User grants SMF and each applicable Collaborator a perpetual, irrevocable, royalty-free, non- exclusive, sublicenseable (through multiple tiers) right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and exercise all copyright and publicity rights with respect to any content such User provides to the Service worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content, consistent with privacy restrictions set forth in this Usage Agreement. In addition, no member may seek to restrict SMF's rights to such content through the use of a statement or legend. (If any User does not wish to grant such rights to SMF, it is suggested that you do not provide such content to the Service.) Other than materials you may author and post, material may not be excerpted or copied for any other purpose without the express written consent of SMF.

SMF'S RESPONSIBLITIES

No sale of information

SMF shall not sell to a non-Collaborator third party specific information that identifies a User, without the User's prior, affirmative consent.

Protection of information and limitations thereon

If so requested, SMF shall make reasonable efforts not to disclose personal information provided by a User; provided, however, that such requests must be consistent both with the aims and description of particular aspects of the Service at the time of such request and at any time in the future and also with the technical limitations and design of the Service at the time of such request and at any time in the future. To the extent that a request is inconsistent at the time of the request or at any time in the future, then SMF reserves the right not to honor such request. Further, each User acknowledges that use of the Service requires that certain minimum information about the Member be made available to all Users of the Service, and that such information shall be used consistent with the terms of the "Use of Information" provision above.

By providing information and data to the Service, each User also implicitly authorizes SMF to disclose such information and data in the good faith belief that such action is reasonably necessary

(a) to comply with the law;
(b) to comply with legal process (including by making such information available to a government agency or court if so requested, with or without the necessity of a subpoena);
(c) to enforce this Usage Agreement and the rules promulgated thereunder;
(d) to respond to claims that any content violates the rights of third parties; or
(e) to protect the interests of SMF.

Modification of Service

SMF reserves the right to modify or discontinue The Cancer Survivors Network Service at any time without prior notice to any User, and SMF shall not be liable to any User or any third party for any discontinuation of service.

ACKNOWLEDGEMENT BY USERS OF SMF'S RIGHTS AND OBLIGATIONS

Each User acknowledges that:

Copyrights: The contents and data contained in the Service constitute a compilation copyright of SMF and that any reproduction, duplication, copy, sale, exploitation, redistribution or publication of such content and data is prohibited without the express, prior written consent of SMF. Any software that is made available for download (the "Software") is the copyright of SMF or its suppliers. Use of such Software is governed by the terms of the applicable end-user license agreement, if any. End users shall not install or use any Software that is accompanied by or includes a license agreement, unless the end user first agrees to the terms of the license agreement.

Distributor only; lack of editorial control; no endorsement of content: SMF (and each applicable Collaborator) is a distributor only (and not a publisher) of content supplied by Users to the Service (including postings to my bulletin board, and recommendations in recommendations). Accordingly, SMF (and each applicable Collaborator) has no more editorial control over such content than does a public library, bookstore or newsstand. Users are solely responsible for the content they post. SMF makes no warranties, express or implied, as to the content contained in the Service, or to the accuracy or reliability of any information or statements contained therein. All statements, advice and opinions made by any User in any such content are those of such User only, and SMF neither endorses nor shall be held responsible for the reliability, accuracy or usefulness of same, nor for its merchantability or fitness for any particular purpose. SMF does not guarantee the accuracy of any information found on the Service, included information provided by SMF (such as news), and SMF disclaims any liability for any such information, or any harm it might cause.

Removal of content; right but not obligation to monitor content: SMF shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to refuse to post or to delete any information or data which SMF becomes aware of which SMF determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, pornographic, hateful, rude, abusive, disruptive, defamatory or otherwise in violation of this Usage Agreement. SMF shall have the right, exercisable in its sole and absolute discretion, but not the obligation, to monitor the content of the Service provided by Users, in order to determine compliance with this agreement and any operating rules established by SMF, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.

Termination of access and membership accounts: SMF shall have the right, in its sole and absolute discretion, for any or no reason, with or without notice, to restrict or terminate, either temporarily or permanently, such User's use of or access to the Service, including due to any violations of the Usage Agreement.

Potential lack of resources: SMF may not have sufficient resources to respond in a timely manner to each and every request made by a User to SMF for information or help and SMF shall maintain no liability for such failure to timely respond.

Risk of interception: Any uploads or transmissions made by such User may be intercepted and used by an unauthorized third party and that all the User shall bear all risks associated therewith . Each User acknowledges that any material and/or data downloaded or otherwise obtained through the use of the Service is done at User's own discretion and risk and that the User will be solely responsible for any damage to User's computer system or loss of data that results from the download of such material and/or data.

Viewing of information for Service purposes: SMF, and its employees and agents, may view individual User information for the purposes of customer service and account maintenance.

Storage of information: SMF is not responsible for the storage, failure to store or deletion of any materials (postings, email messages or otherwise) or other User information.

ECPA: Pursuant to the Electronic Communications Privacy Act of 1986 (as amended), 18 USC 2510 et. seq., there are no facilities provided by the Service for sending or receiving private or confidential electronic communications or content. All communications and content shall be deemed to be readily accessible to the general public. The Service is not to be used for any communication for which the sender intends only the sender and the intended recipient(s) to read or view.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

Each User hereby agrees to defend, indemnify and hold harmless SMF and each applicable Collaborator, their officers, directors, employees, volunteers, agents and licensees from and against any and all liability including expenses relating thereto, such as reasonable attorneys' fees, relating to or arising from such User's violation of the terms of this Usage Agreement or from such User's use, misuse or abuse of the Service.

Throughout this Agreement, the term "Collaborator" shall refer to any subcontractors or cancer related organizations used by SMF for web and content development, management, operations, and research.

EACH USER ACKNOWLEDGES AND AGREES THAT THE USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER SMF NOR ANY COLLABORATOR NOR ANY OTHER PARTY, INCLUDING ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME WARRANTS OR REPRESENTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. IN ADDITION, NEITHER SMF NOR ANY COLLABORATOR NOR ANY LICENSEE, OFFICER, EMPLOYEE OR AGENT OF THE SAME MAKES ANY WARRANTY OR REPRESENTATION AS TO

(A) THE OUTCOME OF ANY QUERY OR ANY OTHER USE OF THE SERVICE,
(B) THE VALIDITY, INTEGRITY, ACCURACY, QUALITY, CURRENTNESS, COMPLETENESS, ADEQUACY OR SUITABILITY OF ANY RESULT OR OF ANY INFORMATION CONTAINED IN THE SERVICE, OR
(C) THE SUITABILITY OF THE SERVICE FOR ALL USERS, INCLUDING CHILDREN. SMF AND, AS APPLICABLE, ANY COLLABORATOR, MAKE THE SERVICE AVAILABLE FREE OF CHARGE, ON AN "AS IS," AS AVAILABLE BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, EXCEPT FOR THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
EACH USER ACKNOWLEDGES THAT NEITHER SMF NOR ANY COLLABORATOR NOR ANY PERSON INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO IN ANY WAY
(A) ANY VIOLATION BY ANY USER OF THE TERMS OF THE USAGE AGREEMENT,
(B) THE USE OF, AVAILABILITY OF, RELIANCE UPON OR INABILITY TO USE THE SERVICE,
(C) ANY ERRORS, OMISSIONS OR INACCURACIES IN THE INFORMATION CONTAINED IN THE SERVICE, OR
(D) ANY BREACH OF ANY WARRANTY, EVEN IF SMF OR ANY COLLABORATOR SHALL HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IT SHALL SOUND IN CONTRACT, TORT OR OTHERWISE.
EACH USER ACKNOWLEDGES THAT THE SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ASSOCIATED WITH THE SERVICE, SHALL BE TO TERMINATE SUCH USER'S MEMBERSHIP, IF APPLICABLE, REMOVE ANY INFORMATION PROVIDED BY THE USER TO SMF, AND DISCONTINUE FURTHER USE OF THE SERVICE.

Each User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Each User acknowledges that SMF makes no representations whatsoever about any other Web site (including that of a Collaborator) which the User may access through the Service (such as from a link or pointer contained on the Cancer Survivors Network site), and that when a User accesses a non-Cancer Survivors Network Web site, it is independent from SMF, that SMF has no control over the content on that Web site, and that SMF has no liability for any content or any actions taken on another party's Web site, including that of a Collaborator. In addition, a link to a non-Cancer Survivors Network Web site does not mean that SMF endorses or accepts any responsibility for the content or the use of such Web site. Users access such other sites at their own risk.

No advice or information, whether oral or written, obtained by a User from SMF or through the Service, shall create any warranty not expressly made herein.

None of the content provided by such User constitutes confidential communications and participation in the Service shall not give rise to any confidential, fiduciary, implied-in-fact, implied-in-law, contractual or other special relationship between such User and SMF (other than the contractual relationship between SMF and such User entered into by virtue of your acceptance of this Usage Agreement).

Section headings

The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.

SMF may provide links on the Website to other websites which are not under the control of SMF. In general, any website which has an address (or URL) which does not contain "simmonsmesotheliomafoundation.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by SMF of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

You may provide a hypertext link to this Website on another website, provided: (a) that the link must be a text-only link clearly marked "Simmons Mesothelioma Foundation," (b) the link must "point" to the URL "http://www.simmonsmesotheliomafoundation.org" and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SMF's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than SMF is associated with or sponsored by SMF, (e) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website, and (f) SMF reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement. You agree that all other hypertext links to this Website must be approved in writing by SMF.

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by SMF, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without SMF's prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the Website, and the user may make one permanent printout of each page of the Website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of SMF.

This Website (excluding linked sites) is controlled by SMF which is headquartered in the State of Illinois, United States of America. It 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 Georgia, by accessing this Website both you and SMF agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and the Simmons Mesothelioma Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County, Georgia and the United States District Court for the Northern District of Georgia with respect to such matters. SMF makes no representation that materials on the Website 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 this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

 

 

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on the Simmons Mesothelioma Foundation website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:

Name 

Address 

Email address 

Phone number 

Credit/Debit Card Information 

(etc.)

On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:

Name 

Address 

Phone Number 

(etc.)

The Way We Use Information:

We do not share this information with outside parties except to the extent necessary to respond to any requests you may make.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 1-877-309-6376 or send us an email at info@milesformeso.org.