Previvors.com Terms of Use

Welcome to Previvors.com! The following terms of use govern your visit and use of this website. The Previvors, LLC ("we" or "us" as the context requires) may change these Terms of Use from time to time without notice to you. Please check these Terms of Use each time you visit to ensure that you are familiar with and agree to our then-current Terms of Use. Your use of our website is your confirmation each time that you agree to be bound by our Terms of Use. If you do not agree to be bound by our Terms of Use, you must not use this website.

1. Your use of our Previvors.com website. We publish and maintain the Previvors.com website and its text, images, content and other information solely for your personal, non-commercial use, and solely for informational purposes. All other uses are prohibited without our express prior written consent. We may discontinue your use of or access to this website or portions thereof at any time in our sole discretion without notice to you. We may discontinue publication and maintenance of this website or portions thereof at any time in our sole discretion. This website might contain photographs or other content that some visitors might consider offensive (e.g., nudity, medical images or descriptions, or other content intended for an adult audience); if you are offended by such matter, you might prefer to forego use of this website.

2. Previvors.com is not a substitute for professional medical advice, diagnosis or care.

This website provides information that we intend to help raise your Hereditary Breast and Ovarian Cancer (HBOC) awareness. The information that we provide is not intended as professional or medical advice and does not constitute or replace your personal consultation with your qualified physician or other healthcare professional. We do not provide medical advice or medical or diagnostic services. You must always seek the advice of an appropriate professional for questions related to your health, disease, disease symptoms, and appropriate therapeutic treatments.

If you have or suspect that you have a medical problem or condition, please contact a qualified doctor or other healthcare provider immediately. Never disregard medical advice or delay in seeking it based on this website or because of information provided by it.

Neither we nor our content providers warrant the accuracy or completeness of the information contained in or provided by or via this website.

No endorsement, approval or sponsorship of, or affiliation with, any doctors, healthcare providers, mammography facilities or other third parties is intended or implied.

Your use of information and content obtained by, from or via this website is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for injury or illness (including death) suffered by you or other persons or damage to property arising from any use of this website, or information, ideas, products or services provided or mentioned by or via this website.

IN CASE OF MEDICAL EMERGENCY, PLEASE CALL 911.

3. Intellectual property. This website © 2010 The Previvors, LLC. All rights reserved. Unauthorized use is prohibited. You may not reproduce, retransmit, sell, rent or otherwise commercialize this website or its information without our express prior written consent, except that you may print one copy of pages from this website for your personal, non-commercial use. The Five Petal Flower design is a trademark of The Previvors, LLC. Certain other trademarks used on this website are the property of their respective owners.

4. Your submission of content and information to us. Any information that you submit to us via our "Contact Us" page, in blog comments, or otherwise, will not be treated as confidential information, and you should assume that it will be publicly viewable upon your submission. We may use (or not use, at our option) and permit others to use, edit, combine with other works, publish, reproduce and retransmit all such content and information (or portions thereof) as we choose, for commercial or non-commercial purposes, indefinitely, and in any and all media now or hereafter known. Please do not submit any personally identifiable information (such as your name, phone number, postal address, e-mail address, Facebook page link, or other identifying information) that you do not want to be used in this manner. Do not submit personally identifiable information to us about another person without that person's prior consent. You agree not to submit any content or information that infringes or otherwise violates the intellectual property, privacy, publicity, or other rights of any other person or entity. You agree to use this website as a good neighbor, and not to use it to harass, bully, threaten, demean or discriminate against others, or to post obscene or otherwise inappropriate content.

5. This website is not intended for children. This website is not directed to or intended for use by children under the age of 13 years. We do not request, permit submission by, or knowingly collect any personally identifiable information from any person that is under the age of 13 years.

6. This website is not intended for use outside United States. Use of this website is intended only from within the United States. You are responsible for your compliance with the laws of any jurisdiction governing use of this website outside of the United States.

7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ANY SERVICES, APPLICATIONS AND SOFTWARE PERFORMED OR PROVIDED BY THE WEBSITE (ALL COLLECTIVELY, "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE OR USE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS CONTAINED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL ANY MEMBERS OF THE PREVIVORS GROUP (AS DEFINED IN SECTION 11) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF ONE OR MORE MEMBERS OF THE PREVIVORS GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

9. Your website's link to our website. You may link to our website provided that you link only to our home page (i.e., you do not "deep link" into our website), and otherwise in a manner that in our sole opinion is not likely to confuse or deceive, or cause users to believe mistakenly that you and we have some affiliation or relationship.

10. Our website's links to third party websites. Our website contains links to websites operated by third parties. The mere fact that we link to another's website does not mean that we endorse, recommend, sponsor, or have any other affiliation or relationship with that third party. We do not control such third parties, their websites or the information available via their websites. We disclaim all warranties and responsibility for such third party websites and their information. You visit and use such third party websites at your own risk.

11. Indemnification. You agree to defend, indemnify, and hold harmless The Previvors, LLC, its members, licensors, and providers, and their respective affiliates, directors, officers, employees, agents and representatives (collectively, the "Previvors Group") from and against any and all claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney's fees and costs) arising from or concerning your actual or alleged violation(s) of these Terms of Use or your actual or attempted use(s) of or access to this website, its services, or its information.

12. General provisions. These Terms of Use constitute the entire agreement between you and us concerning this website, its information and use thereof. Any waiver of these Terms of Use must be confirmed specifically in writing by the party granting the waiver. No waiver of any of these Terms of Use shall constitute a further or continuing waiver for any other purpose or circumstance. If any provision of these Terms of Use (or portion thereof) is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of the remaining provisions (and portions thereof) of these Terms of Use, all of which shall remain in full force and effect. Any claims arising in connection with this website, information available via this website, or your use thereof, must be brought no later than one (1) year after the occurrence of event giving rise to the claim. Your remedies for all claims concerning this website, its information, or use thereof are limited to those expressly set forth in these Terms of Use. Any legal matters or notices to us may not be served via our website or its "Contact Us" page.

13. Jurisdiction and venue. The Previvors, LLC is based in Boca Raton, Florida, United States of America. These Terms of Use constitute an agreement between you and us, which you and we agree is deemed made within the State of Florida. These Terms of Use are governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. All disputes arising under or concerning this Agreement shall be submitted only to binding arbitration. The parties waive all rights to bring claims and actions under or concerning this Agreement in any state or federal courts (other than to enforce an arbitration award or order granted in connection with this Agreement), including without limitation class action litigation. Arbitration shall be conducted in Palm Beach County, Florida, before a single member arbitration panel, pursuant to the American Arbitration Association's Commercial Arbitration Rules effective as of the date of commencement of the arbitration. You agree that the state and federal courts located within Palm Beach County, Florida shall have irrevocable personal jurisdiction over you for the purpose of enforcing such arbitration awards. You agree not to challenge such courts' personal jurisdiction or venue for such purpose by raising "inconvenient forum" or similar defenses.

14. Privacy policy. This website's privacy policy is incorporated by reference into these Terms of Use.

15. Copyright concerns. If you believe that any content or other information used by or accessible via this website infringes your copyright rights, you may request that we remove such information from this website. To do so, please submit a notice to us with the following details:

a. Please identify the work that you believe has been infringed. Please describe the work, and provide a copy of the work or a website address at which we can review it. Please include page numbers or other appropriate references to help us to locate the work.

b. Please identify the content or other information that you believe infringes your work. Please include a citation to our website page(s) to help us locate the information on our website.

c. Please provide your name and contact information so that we may reach you to discuss your notice as appropriate.

d. Include a statement that you have a good faith belief that the use of the information is not authorized by the copyright owner, its agent, or otherwise by law.

e. Include a statement that the information that you have submitted is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on its behalf.

f. A signature or the electronic equivalent from the copyright owner or its authorized representative.

Submit this notice to The Previvors, LLC via e-mail to previvors@gmail.com.

We welcome your comments and questions concerning this website, which you may submit to us via our "Contact Us" page, and also via e-mail to previvors@gmail.com. Even if we do not respond directly and personally to such submissions, we thank you in advance for them.

Last updated: September 13, 2010

Previvors.com Privacy Policy

The Previvors, LLC ("we" or "us" as the context requires) respect your privacy concerns as they relate to your use of this website. This privacy policy is incorporated by reference into this website's Terms of Use, and describes the information we collect about you, your use of the website, and the options you have concerning how your name, postal address, phone number(s), e-mail address and other personally identifiable information (collectively, "Personal Information") is collected, used and shared.

This website is not directed to or intended for use by children under the age of 13 years. We do not request, permit submission by, or knowingly collect any personally identifiable information from any person that is under the age of 13 years.

The website does not require you to enter or submit any Personal Information whatsoever. The website permits you to provide your name, e-mail address, and personal stories and thoughts.

The only Personal Information protected by this privacy policy is the e-mail address that you provide to us, if any. No other Personal Information (including your name, postal address, phone number, medical records, personal and family medical history) is protected by this privacy policy, and therefore such other information is not received in confidence or treated confidentially, or otherwise subject to any condition or restriction binding us at all. Please do not submit such personally identifiable information to us if you have any concerns about its use or disclosure.

The website permits you to submit your e-mail address to us should you wish to be added to our e-mailing list. We will use your e-mail address to e-mail you news, newsletters, updates, offers and other information concerning us, the Previvors: Facing the Breast Cancer Gene and Making Life-changing Decisions book, and our products and services. From time to time, we also will e-mail you news, newsletters, updates, offers and other information concerning persons and companies with whom we do business. From time to time, we also will permit third parties to e-mail you directly news, newsletters, updates, offers and other information that we believe might be of interest to you based on your subscription to our e-mail list. Your addition of your e-mail address to our e-mailing list constitutes your consent to be included in such activities.

We use Personal Information to respond to your inquiries, improve our marketing and promotional efforts, to analyze and evaluate service offers, and to customize our services and website. We may use Personal Information to deliver information to you and to contact you regarding administrative notices. We also may use Personal Information to resolve disputes and troubleshoot problems. We may use additional information about you and your use of the website to analyze and improve troubleshooting techniques and responses, and to improve the value of the website and services provided by us or by third parties.

We may use e-mail links and/or forms in the website to enable you to contact us or submit information directly. The information you provide in these links and forms may be used to respond directly to your questions or comments.

We may also file your comments to improve the website, products, services or processes, or review and discard the Personal Information.

We also may provide "aggregated information" to third parties for commercial or non-commercial purposes. Aggregated information is information that does not identify you personally and generally is combined with information about other website users.

If the e-mail address you provide us is an e-mail address that you access via a wireless device, you understand that your wireless carrier's standard rates apply to these messages, and that you may elect later to not receive such messages. You also represent that you are the owner or authorized user of the wireless device on which the messages may be received, and that you understand and are authorized to approve the applicable charges.

We may use or disclose your Personal Information and other information about you if required to do so by law or if we have a good faith belief that such action is necessary to prevent injury or property damage, or that access, use, preservation or disclosure is reasonably necessary to (a) comply with law, regulation, legal process or governmental request, (b) enforce any applicable terms of service (including investigation of potential violations thereof), or (c) detect, prevent or otherwise address fraud, security, or technical issues.

We may provide services for the website through contractual arrangements with affiliates, service providers, partners and other third parties ("Service Partners"). We and our Service Partners use your Personal Information and other information about you and your use of the website to operate and deliver their products and services.

Operations and development contractors that we might engage also sometimes have access to your Personal Information and other information about you and your use of the website during the course of providing services to us (for example, technology, services, and/or content for the operation and maintenance of our application and website).

If we are involved in a merger, acquisition, or any form of sale of some or all of our assets (a "corporate transaction"), we may transfer some or all of your Personal Information and other information about you and your use of the website to one or more persons or entities in connection with that corporate transaction. We will make reasonable efforts to ensure that any acquiring or successor person or entity in connection with such corporate transaction abides by the terms of this privacy policy (or updates, if any).

Opt out Policy. Your e-mail address will not be included on our e-mailing list unless you provide it to us for this purpose. You may remove your e-mail address from our e-mailing list ("unsubscribe") either by clicking the "unsubscribe" link on any e-mail we send you containing that link. We will then process your request and remove your e-mail address from our e-mailing list for future use. We make reasonable efforts to remove unsubscribed e-mail addresses promptly, but please note that a potential "unsubscribe" processing time lag might result in you receiving one or more e-mails after you submit your unsubscribe request. You understand that you might not receive important information from us if you do not provide your e-mail address or if you unsubscribe from our e-mailing list.

Changes to Privacy Policy. We reserve the right to change this privacy policy from time to time. Should we decide to do so, we will update it on Apple's App Store so that you will know what Personal Information we collect, how we might use it, and how we might disclose and share it. We urge you to check the terms of the privacy policy from time to time to ensure that you are aware of its then-current provisions. Unless you do not submit your e-mail address to us (or later opt out of our e-mailing list), we may also notify you by e-mail of changes to this privacy policy (but we do not undertake any obligation to notify you directly of such changes).

Questions and concerns. If you have any questions or concerns regarding this privacy policy or how your Personal Information or other information about you and your use of the website is treated, please feel free to contact us.

Last updated: September 13, 2010