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Facebook Closed Group – Terms of Use

Please read this Terms of Use Agreement carefully.  Your use of the Facebook Group (as defined below) constitutes your agreement to these Terms of Use.

This Terms of Use Agreement (the “Agreement”) is between you (“you”) and the AIM With Immunotherapy Foundation (the “Foundation,“ “we,” “us”) concerning your use of this Facebook Group (together with any successor Facebook Group(s) and all Services (as defined below), the “Facebook Group”).  The Foundation is a registered charitable organization (registered with the IRS under employer identification number 82-3430310) in the United States and operating at 139 Waterside Circle, San Rafael, CA 94903.

Acceptance of Terms.  The Facebook Group is made available by the Foundation to you subject to this Agreement.  We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation by posting the revised version of this Agreement on the Facebook Group.  When using any Services (as defined below), you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to such Services, which are hereby incorporated by reference into this Agreement.

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to:  modify or discontinue the Facebook Group, with or without notice; charge fees in connection with the use of the Facebook Group; modify and/or waive any fees charged in connection with the Facebook Group; and/or offer opportunities to some or all users of the Facebook Group.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Facebook Group, in whole or in part, or of any service, content or feature offered through the Facebook Group.  Your continued use of the Facebook Group after such changes will indicate your acceptance of such changes.

Jurisdictional Issues.  The Facebook Group is hosted by the Foundation from the United States and is not intended to subject the Foundation to the laws or jurisdiction of any state, country or territory other than that of the United States.  The Foundation does not represent or warrant that the Facebook Group or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.  Those who choose to access the Facebook Group do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.  You are also subject to United States export controls and are responsible or liable for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  We may limit the Facebook Group’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

 

IMPORTANT NOTE REGARDING HEALTH-RELATED INFORMATION – YOU UNDERSTAND THAT OUR MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY: OUR MISSION IS TO EDUCATE HEALTH CARE PROFESSIONALS BY PROVIDING TOOLS, TRAINING, AND TECHNICAL ASSISTANCE TO IMPROVE PALLIATIVE CARE PROGRAMS. WE PROVIDE THESE MATERIALS FOR INFORMATIONAL PURPOSES ONLY. UNDER NO CIRCUMSTANCES, WILL THE PROVISION OF SUCH MATERIALS BE CONSIDERED OFFERING MEDICAL ADVICE.

YOU AGREE TO RELEASE, DEFEND, DISCHARGE, INDEMNIFY, AND HOLD HARMLESS AIM WITH IMMUNOTHERAPY FOUNDATION, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, STAFF, VOLUNTEERS, REPRESENTATIVES, INDEPENDENT CONTRACTORS OR AFFILIATES, (“REPRESENTATIVES”) FOR ANY AND ALL CLAIMS, DEMANDS, OR SUITS, ARISING OUT OF OR RELATING TO YOUR USE OF THEMELANOMANURSE.ORG (THE “SITE”) OR ANY AIM WITH IMMUNOTHERAPY FOUNDATION MATERIALS PROVIDED UNDER THIS AGREEMENT. NEITHER WITH IMMUNOTHERAPY FOUNDATION, NOR ITS REPRESENTATIVES, SHALL HAVE ANY LIABILITY RELATING TO OR RESULTING FROM THE USE OF MATERIALS OR ANY ERROR OR OMISSION THEREIN. ALL SERVICES ARE PROVIDED BY AIM WITH IMMUNOTHERAPY FOUNDATION ON AN ADVISORY BASIS AND SHALL IN NO WAY CREATE A RELATIONSHIP WITH, OR DUTY TO, ANY CUSTOMER, CLIENT, PATIENT, BENEFICIARY, OR OTHER RECIPIENT OF SERVICES OF YOU OR YOUR STAFF.

RELIANCE ON ANY INFORMATION PROVIDED BY THE FOUNDATION, THE FOUNDATION’S EMPLOYEES, INDIVIDUALS PROVIDING INFORMATION IN CONNECTION WITH THE SITE AT THE INVITATION OF THE FOUNDATION, OTHER VISITORS TO THE SERVICE AND/OR ANY OTHER THIRD PARTY IS SOLELY AT YOUR OWN RISK.

Rules of Conduct.  While using the Facebook Group you will comply with all applicable laws, rules and regulations.  In addition, we expect users of the Facebook Group to respect the rights and dignity of others.  Your use of the Facebook Group is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Facebook Group.  You agree that you will not:

  • Post, transmit, or otherwise make available, through or in connection with the Facebook Group:
    • Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
    • Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.
    • Any material, non-public information about a company without the proper authorization to do so.
  • Use the Facebook Group for any fraudulent or unlawful purpose.
  • Use the Facebook Group to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Facebook Group.
  • Impersonate any person or entity, including without limitation any representative of the Foundation; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Facebook Group; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Facebook Group or the servers or networks used to make the Facebook Group available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Facebook Group (including without limitation by hacking or defacing any portion of the Facebook Group).
  • Use the Facebook Group to advertise or offer to sell or buy any goods or services without the Foundation’s express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Facebook Group.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Facebook Group.
  • Remove any copyright, trademark or other proprietary rights notice from the Facebook Group or materials originating from the Facebook Group.
  • Frame or mirror any part of the Facebook Group without the Foundation’s express prior written consent.
  • Create a database by systematically downloading and storing Facebook Group content.
  • Use any robot, spider, Facebook Group search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Facebook Group content or reproduce or circumvent the navigational structure or presentation of the Facebook Group without the Foundation’s express prior written consent.

Accuracy of Information.  We attempt to ensure that information on this Facebook page is complete, accurate and current.  Despite our efforts, the information on this Facebook page may occasionally be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Facebook page.

Forums.  The material in this the Facebook Group is considered a “Forum“.

Information contained in Forums may be provided by the Foundation’s employees as well as by third party visitors to the Facebook Group.  Please note that Facebook Group visitors may post messages or make statements in the Forums that are inaccurate, misleading or deceptive.  The Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties.  Without limitation, the Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for any information or materials made available through the Forums (including without limitation errors or omissions in Forum postings or links or content embedded in such postings) or results obtained by using any such information or materials.  Under no circumstances will the Foundation or its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials.  The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of the Foundation.

In addition, the Foundation and its respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through a Forum or any other part of the Facebook Group. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE FACEBOOK GROUP, YOU DO SO AT YOUR OWN RISK.

License.  For purposes of clarity, you retain ownership of any information, content and/or materials you submit through a Forum or otherwise through the Facebook Group (each, a “Submission”).  However, please note that we need certain rights to your Submissions to be able to make them available on the Facebook Group.  As such, you hereby grant to the Foundation and its service providers and designees a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, perpetual, irrevocable right and license, without compensation to you: to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed.

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such Submission, and your provision thereof to and through the Facebook Group, comply with all applicable laws, rules and regulations.  You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.  We request this waiver to help ensure that we have all the rights we may need to provide the Services available through the Facebook Group.

Monitoring.  You acknowledge and agree that (a) we reserve the right (but have no obligation) to evaluate each Submission before allowing it to be posted on any Forum or otherwise on the Facebook Group; and (b) we may do one or all of the following, at our discretion: (i) monitor Submissions; (ii) alter, remove, or refuse to post or allow to be posted any Submission; and/or (iii) disclose any Submissions, and the circumstances surrounding their transmission, to any third party in order to operate the Facebook Group; to protect the Foundation, its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, and the Facebook Group’s users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.

The Foundation’s Proprietary Rights.  The information and materials made available through the Site, including the Services, are and shall remain the property of the Foundation and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws.  Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Foundation to access and use the Site, you may view one (1) copy of any content on the Site to which we provide you access hereunder on any single computer solely for your personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices.  Except as expressly authorized in advance by the Foundation in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Site or any materials made available through the Site.

Trade names, trademarks and service marks of the Foundation include without limitation, AIMwithImmunotherapy IO Essentials Initiative, or names of our sister organization, “AIM at Melanoma,” “Melanoma 360,” “International Melanoma Working Group,” “Charlie Guild Melanoma Foundation,” “James A. Schlipmann Melanoma Foundation” and any associated domain names and logos.  All trademarks and service marks on the Site not owned by the Foundation are the property of their respective owners.  The trade names, trademarks and service marks owned by the Foundation, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.  Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Foundation’s trade names, trademarks or service marks without our express prior written consent.

Your access to AIM With Immunotherapy Foundation products and services (“Materials”) through the site is contingent on using them appropriately. Therefore, you will not copy, share, or otherwise use our Materials for any purpose other than palliative care education, development, or improvement of your Member Institution’s health care services. You are expressly prohibited from selling or otherwise distributing, transferring, or disseminating AIM With Immunotherapy Foundation Materials for monetary gain.

The site and all viewable and discoverable content therein (including without limitation all data, text, images, audio, video, or code) is owned by AIM With Immunotherapy Foundation and its licensors, including any Materials to which you are granted access. A limited, revocable, conditional, non-transferable, non-sublicensable license is granted to you to view this site and use the Materials as described in the preceding section, provided you adhere to all of the terms of this Agreement.

You agree that any material breach of the preceding sections may result in irreparable harm to AIM With Immunotherapy Foundation for which damages alone would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, AIM With Immunotherapy Foundation shall be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs.

Links. The Facebook Group may provide links to other web Facebook Groups and online resources.  Because the Foundation has no control over such Facebook Groups and resources, you acknowledge and agree that the Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers are not responsible for the availability of such external Facebook Groups or resources, and the Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such Facebook Groups or resources.  Other web Facebook Groups may provide links to the Facebook Group with or without our authorization.  You acknowledge and agree that the Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers do not endorse such Facebook Groups, and are not and shall not be responsible or liable for any links from those Facebook Groups to the Facebook Group, any content, advertising, products or other materials available on or through such other Facebook Groups, or any loss or damages incurred in connection therewith.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEB FACEBOOK GROUPS AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB FACEBOOK GROUPS AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH FACEBOOK GROUPS AND RESOURCES.

The Foundation shall have the right, at any time and in its sole discretion, to block links to the Facebook Group through technological or other means without prior notice.

Disclaimer of Warranties.  THE FACEBOOK GROUP AND ANY SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE FACEBOOK GROUP ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.  YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE FACEBOOK GROUP, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS OR SERVICES AVAILABLE THROUGH THE FACEBOOK GROUP.  THE FOUNDATION AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE FACEBOOK GROUP AND ANY SERVICE (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE FACEBOOK GROUP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

LIMITATION OF LIABILITY.  THE FOUNDATION AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE FACEBOOK GROUP, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES.  IN PARTICULAR, AND WITHOUT LIMITATION, THE FOUNDATION AND ITS EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE FACEBOOK GROUP OR FROM ANY CONTENT POSTED ON THE FACEBOOK GROUP BY THE FOUNDATION OR ANY THIRD PARTY.  YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE FACEBOOK GROUP IS TO STOP USING THE FACEBOOK GROUP.  THE MAXIMUM LIABILITY OF THE FOUNDATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE FOUNDATION TO ACCESS AND USE THE FACEBOOK GROUP.

While we try to maintain the integrity and security of the Facebook Group and the servers from which the Facebook Group is operated, we do not guarantee that the Facebook Group will be or remain secure, complete or correct, or that access to the Facebook Group will be uninterrupted.  The Facebook Group may include inaccuracies, errors and materials that violate or conflict with this Agreement.  Additionally, third parties may make unauthorized alterations to the Facebook Group.  If you become aware of any unauthorized third party alteration to the Facebook Group, contact us at info@aimwithimmunotherapy.org with a description of the material(s) at issue and the URL or location on the Facebook Group where such material(s) appear.

Indemnity.  You agree to defend, indemnify and hold harmless the Foundation and its employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the Facebook Group (including all Transactions); or (b) any violation of this Agreement by you.

Termination.  This Agreement is effective until terminated.  The Foundation, in its sole discretion, may terminate your access to or use of the Facebook Group, at any time and for any reason, including if the Foundation believes that you have violated or acted inconsistently with the letter or spirit of this Agreement.  Upon any such termination, your right to use the Facebook Group will immediately cease.  You agree that any termination of your access to or use of the Facebook Group may be effected without prior notice, and that the Foundation may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.  You agree that the Foundation shall not be liable to you or any third party for any termination of your access to the Facebook Group or to any such information or files, and shall not be required to make such information or files available to you after any such termination.  Certain sections shall survive any expiration or termination of this Agreement.

Governing Law.  This Agreement shall be governed and interpreted in accordance with the laws of the State of California and the United States of America, without regard to their principles of conflicts of laws.

Arbitration.  THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.  All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (the “Arbitration Rules”), as modified by this Agreement.  The Arbitration Rules are available online at https://www.adr.org/Facebook Groups/default/files/Commercial%20Rules.pdf.  To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances.  Any in-person appearances requested by the arbitrator shall be held in the State of California.  Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality.  The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding.  The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing herein shall preclude AIM from seeking any injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction of the state and federal courts located in the County of Contra Costa California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Contact Us.  If you have any questions regarding the meaning of application of this Agreement, please direct such questions to info@aimwithimmunotherapy.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Filtering.  Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.  Information identifying current providers of such protections is available on OnGuard Online. Please note that the Foundation does not endorse any of the products or services listed at such Facebook Groups.

Notice for California Residents.  Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Facebook Group, please send an e-mail to info@aimwithimmunotherapy.org.  You may also contact us by writing to 139 Waterside Circle, San Rafael, CA 94903, or by calling us at (916) 706-0599.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Claims of Copyright Infringement.  The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Facebook Group infringe your copyright, you (or your agent) may send the Foundation a notice requesting that the Foundation remove the material or block access to it.  If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send the Foundation a counter-notice.  Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  See http://www.copyright.gov/ for details.  Notices and counter-notices should be sent to:

Samantha R. Guild
139 Waterside Circle
San Rafael, CA 94903
Phone:  (916) 706-0599
Email:  sguild@AIMatMelanoma.org

We suggest that you consult your legal advisor before filing a notice or counter-notice.

Miscellaneous.  This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Foundation.  If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent.  No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.  This, together with all policies referred to herein, is the entire Agreement between you and the Foundation relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Foundation relating to such subject matter.  Notices to you may be made via posting to the Facebook Group, by e-mail, or by regular mail, in the Foundation’s discretion.  The Facebook Group may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices.  Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The Foundation will not be responsible for failures to fulfill any obligations due to causes beyond its control.  Any queries regarding this Agreement, the Facebook Group or the Services or any related complaints (except for complaints relating to copyright infringement) may be sent to:

Samantha R. Guild
139 Waterside Circle
San Rafael, CA 94903
Phone: (916) 706-0599
Email:  sguild@AIMatMelanoma.org

Copyright ©2022- - AIM with Immunotherapy. All rights reserved.