User Agreement

Terms of Use

This World Wide Web site with its home page in the domain schoolhealth.info (the "Website") is a complimentary information and interactive community service offered by the Texas Division/American Cancer Society, Inc. ("TXACS") 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. TXACS reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.

Description of Service

TXACS currently provides users access to an extensive amount of resources and information regarding school health programs and practices, including, but not limited to, public forums, health content, online tools, to do lists, book/publication offerings, and various communication tools (the "Service") as well as providing a letter of recommendation writing service to anyone who needs it. TXACS assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.

General Practices Regarding Use and Storage

Users acknowledge that TXACS may establish general practices and limits concerning use of the TXACS web site, including without limitation. You acknowledge that TXACS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the TXACS web site servers. You further acknowledge that TXACS reserves the right to change these general practices at any time with or without notice.

You acknowledge that TXACS and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. TXACS and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that TXACS may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TXACS, its users and the public.

User Submissions

By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of TXACS. You grant--or warrant that the owner of such content has expressly granted TXACS a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.

Modifications to the Service

TXACS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TXACS shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Medical Disclaimer

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.

Disclaimer of Warranty

TXACS 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.

Limitation of Liability

You agree that you will hold harmless TXACS and its officers, directors, employees, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will TXACS 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.

Endorsements

You acknowledge that the opinions and recommendations contained in this Webs ite are not necessarily those of the TXACS or endorsed by TXACS. TXACS may provide links on the Web site to other Web sites which are not under the control of TXACS. In general, any website which has an address (or URL) which does not contain "cancer.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by TXACS of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

Usage of Content

Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to the American Cancer Society, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without TXACS' prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of the TXACS, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.

Trademarks

American Cancer Society, the American Cancer Society Logo Design, and other marks, are registered service marks of the American Cancer Society, Inc.

The mark, American Cancer Society is a registered trademark of the American Cancer Society, Inc.

Jurisdiction

This Website (excluding linked sites) is controlled by TXACS which is headquartered in the State of Texas, 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 Texas, by accessing this Web site both you and TXACS agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Web site. You and the American Cancer Society also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Travis County, Texas and the United States District Court for the State of Texas with respect to such matters. TXACS makes no representation that materials on the Web site 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.

Linking Information

Hypertext Linking. The TXACS may grant the owner of an approved website permission to use a hyper-text link on his or her web site, provided: (a) any text-only link must clearly be marked "American Cancer Society;" (b) the link must "point" to the URL www.cancer.org and not to other pages within the Website; (c) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with TXACS' name and trademarks; (d) the appearance, position and other aspects of either the link or the host website may not create the false appearance that an entity other than TXACS is associated with or sponsored by TXACS; (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) TXACS reserves the right to revoke its consent to the link at any time in its sole discretion by amending this User Agreement.

TXACS is not responsible for the information or materials contained on the host website. Links to this Website are provided for convenience of reference only and are not intended as an endorsement by TXACS of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.

Revised: 09/25/01