TERMS OF USE

This website is operated by the 15-40 Connection, Inc. (“15-40 Connection”) Throughout the site, the terms “we,” “us” and “our” refer to the 15-40 Connection. The 15-40 Connection offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here (“15-40.org”). Your use of this site constitutes your agreement to these Terms of Use.

Accuracy, Completeness and Timeliness of Information

15-40 Connection is not responsible if information made available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. The content is not intended to be professional medical advice or a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on 15-40.org. Any reliance on the material on this site is at your own risk. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

If you think you may have a medical emergency, call your doctor or 911 immediately. 15-40 Connection does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. 15-40.org may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use 15-40.org.

Use of Materials on the Site

All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned or licensed by 15-40 Connection or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you include the following copyright notice: “Copyright ©2015, 15-40 Connection. All rights reserved.” Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, or use of the site for purposes competitive to 15-40 Connection, is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. 15-40 Connection reserves the right to refuse or cancel any person’s registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever.

You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. 15-40 Connection reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which 15-40 Connection may be entitled at law or in equity.

Materials You Submit

You acknowledge that you are responsible for any material you may submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

If you do submit material, and unless we indicate otherwise, you grant the 15-40 Connection an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that the 15-40 Connection is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to the 15-40 Connection. You grant the 15-40 Connection the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this site will be handled in accordance with the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the 15-40 Connection for all claims resulting from content you supply. You agree that you may not post any social security number, drivers license number, credit card account number of other financial account number of any person, including yourself, on any portion of this website.

Conduct on the Site

Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify the 15-40 Connection immediately. 15-40 Connection may assume that any communications it receives under your password have been made by you unless 15-40 Connection receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to 15-40 Connection, 15-40.org, Check Yourself, Would You Recognize a Cancer Symptom?, Your Best Chance is You, A New Cancer Conversation. You may not use frames or utilize framing techniques or technology to enclose any content included on the site without 15-40 Connection’s express written consent. Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without 15-40 Connection’s express written consent. We may from time to time include the trademarks of others. You will be responsible for obtaining any person from third parties to use their trademarks and 15-40 Connection does not give you any permission to use those trademarks.

15-40.org Community and Member to Member Areas (“Public Areas”)

If you use a Public Area, such as personal stories, the 15-40 Connection blog or post questions on public pages, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. 15-40 Connection is not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by 15-40 Connection in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”;
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of 15-40 Connection, exposes 15-40 Connection or any of its customers or suppliers to any liability or detriment of any type.;
  13. Posting any information about yourself or others that has either: (i) a first name and a last name or (ii) a first initial and last name; and either: (a) financial account number, including any credit card number; (b) drivers license number or state issued identification number; or (c) social security number; or
  14. Posting any information that would make 15-40 Connection responsible for the care or privacy of the information.

15-40 Connection reserves the right (but is not obligated) to do any or all of the following:

  1. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  2. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  3. Terminate a user’s access to any or all Public Areas and/or 15-40.org upon any breach of these Terms and Conditions.
  4. Monitor, edit, or disclose any communication in the Public Areas.
  5. Edit or delete any communication(s) posted on 15-40.org, regardless of whether such communication(s) violate these standards.

15-40 Connection or its licencors have no liability or responsibility to users of 15-40.org or any other person or entity for performance or nonperformance of the aforementioned activities.

Links

This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. 15-40 Connection is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks 15-40 Connection, or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein. 15-40 Connection reserves all rights not expressly granted in and to the site and its content. This site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Notice and Takedown Procedures; and Copyright Agent

Address of Designated Agent to which Notification should be sent:

Bobby Hazelton
The 15-40 Connection
27 Otis Street
PO Box 1153
Westborough, MA 01581

Email: copyright@15-40.org

Phone: (508) 929-4633

Fax: (508) 459-8340

Elements of Notification

If you believe any materials accessible on or from 15-40.org infringe your copyright, you may request removal of those materials (or access thereto) from this web site by submit a notification pursuant to the Digital Millennium Copyright Act by contacting 15-40 Connection’s copyright agent (identified above) and providing the following information:,:

  1. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  2. Your name, address, telephone number and (if available) e-mail address.
  3. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  4. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  5. A signature or the electronic equivalent from the copyright holder or authorized representative.

Elements of Counter-Notification

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content, then you may send a counter-notice containing the following information to our agent:

(i) A physical or electronic signature.

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or mis-identification of the material to be removed or disabled.

(iv) Your name, address, telephone number, and e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, 15-40 Connection may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the 15-40 Connection’s sole discretion.

Policy on Repeat Infringers, pursuant to 17 U.S.C. 512(i):

15-40 Connection has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the 15-40.org or network who are repeat infringers. 15-40 Connection may terminate services, suspend, or revoke accounts of any person found to repeatedly violate the copyrights of others.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. 15-40 CONNECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 15-40 CONNECTION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. 15-40 CONNECTION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 15-40 CONNECTION NOR ITS THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF 15-40 CONNECTION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER 15-40 CONNECTION NOR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH 15-40 CONNECTION IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND 15-40 CONNECTION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless 15-40 Connection and its officers, directors, employees, contractors, agents, licencors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. 15-40 Connection reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with 15-40 Connection in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the Commonwealth of Massachusetts govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of Worcester for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the Commonwealth of Massachusetts and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

15-40 Connection reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and 15-40 Connection with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Additional rules may apply for sweepstakes, contests or other promotions.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions or comments about these Terms of Use or this site, please use our Contact Us form.

Thank you for visiting our site. We hope you find 15-40.org helpful and convenient to use! 

 

-Last Updated February 2015

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