LLS COMMUNITY WEBSITE
TERMS OF USE

Recent Changes of Note

  • 2016-02-01: Updated section "Ability to Accept Terms of Use"
  • 2016-02-01: Added new section: "Monitoring"
  • 2016-04-01: Updated "Accounts, Passwords and Security"
  • Welcome to the LLS Community website located at community.lls.org (“Website”). This Website is owned and operated by the Leukemia & Lymphoma Society (“LLS”, “we” and “us). LLS provides users with a means of learning from the real-life experiences of others who deal with blood cancers and helping others by sharing your own experiences by operating the Website, by developing and displaying content, by enabling the display of user-authored content, questions, comments, and information on the Website, and by providing users with access to various tools and features, including proprietary software of LLS and its licensors (“Services”).

    1. Your Acceptance

    A. Your access to and use of the Website and Services is subject to these Terms of Use. By visiting and/or using the Website and Services, you signify your agreement to (i) these terms and conditions (the "Terms of Use"), (ii) LLS's Privacy Policy, which is incorporated herein by reference (the “Privacy Policy”), and (ii) all other LLS policies, rules, guidelines, terms and conditions established for the Website and Services as set forth thereon (collectively “Policies”), which are also incorporated here by reference. If you do not agree to any of these terms, the Privacy Policy or other LLS Policies, please do not use the Website or Services.

    B. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. LLS may, in its sole discretion, modify or revise these Terms of Use, including the Privacy Policy and other Policies at any time, and, by continuing to visit or use the Website and/or Services following the posting of changes to these Terms of Use, you agree to be bound by such modifications or revisions.

    C. These Terms of Use apply to all users of the Website (“Users”), including users who participate in other programs or services of LLS.

    2. Accounts, PASSWORDS AND SECURITY

    A. In order to access some features of the Website, such as uploading Community Submissions (as defined below) or participating in surveys, you will have to register as a Website user and create a LLS account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information, and you must maintain and promptly update your account information to keep it accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify LLS immediately of any breach of security or unauthorized use of your account. If you do not keep your account password secure and there is unauthorized use of your account, you may be liable for harm caused by such unauthorized use to LLS or others. Because maintaining the security of your account password is your responsibility, LLS is not liable for unauthorized use of your account.

    3. Community Forum

    A. Community Submissions

    1. The Website includes a public forum designed to share information. Subject to these Terms of Use, as a LLS account holder, you may participate in Website forums and submit questions, comments, photographs, images, video, music, audio, film, text, information and other content and data as permitted by the functionality on the Website ("Community Submissions") for posting on the Website. You understand that whether or not such Community Submissions are published or displayed on the LLS Website, LLS does not guarantee any confidentiality with respect to any Community Submissions.
    2. When you submit Community Submissions on the Website or to LLS, you are doing so voluntarily, and you are authorizing the use and disclosure of the Community Submissions on the Website and as described in these Terms of Use. No treatment, payment for services, enrollment, or eligibility for benefits is conditioned on you being a Website User or posting of any Community Submission.
    3. You shall be solely responsible for your own Community Submissions and the consequences of posting or publishing them. In connection with Community Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize LLS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Community Submissions to enable inclusion and use of the Community Submissions in the manner contemplated by the Website and these Terms of Use.
    4. For clarity, you retain all of your ownership rights in your Community Submissions. However, by submitting Community Submissions to LLS, you hereby grant LLS a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise to exercise all rights in and to the Community Submissions in connection with the Website and Services, and LLS's (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now know or hereinafter invented. The license may also be exercised by LLS through third parties performing services for LLS (e.g. technology partners, service providers and independent contractors).
    5. LLS reserves the right to remove any Community Submission at any time, without notice and at its sole discretion, including if it determines that a Community Submission is inappropriate or fails to comply with these Terms of Use, such as pornography, obscene or defamatory material, or excessive length. LLS HAS NO LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF ANY SCREENING OR REMOVAL ACTIVITIES.

    B. Community Interactions

    1. LLS has no responsibility for how Users of the Website may use or disclose information posted on the Site. You acknowledge and understand that any content you may submit will be seen by others, may be published and available to the general public, and is subject to re-disclosure by others. PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY COMMUNITY SUBMISSIONS. Your interactions with other Users on the Website are solely between you and the User. You agree that LLS shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or with respect to any other User's use or disclosure of your Personal Information (as defined below).
    2. The Site may contain public forums, online communities, bulletin board services, chat areas, email services, news groups, and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are lawful and otherwise proper.
    3. If there is a dispute between you and any User or other third party, LLS is under no obligation to become involved. You hereby release LLS and its officers, directors, employees, agents and contractors, from any claims, demands and damages (whether direct, indirect, consequential, special, incidental, actual or statutory) of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes, the Website and/or Services.

    If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

    4. YOUR USE OF WEBSITE CONTENT

    The following terms and conditions apply to your access and use of all content available on or through the Website and Services (“Content”), including, videos, photographs, images, music, audio, film, text, information, software, interactive features, tools, scripts and design.

    A. You may access, view and play Content, including Community Submissions, solely:

    • for your information and personal, noncommercial use;
    • as intended through the normal functionality of the Website.

    B. You may not modify any Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.

    C. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website.

    D. You understand that when using the Website, you will be exposed to Content from a variety of sources, and that LLS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to Community Submissions. Community Submissions do not represent the views of LLS or any individual associated with LLS, and LLS does not endorse any Community Submission or any opinion, recommendation, or advice expressed therein. You further understand and acknowledge that you may be exposed to Community Submissions that are inaccurate, offensive, indecent, or objectionable. LLS expressly disclaims any and all liability in connection with Community Submissions, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LLS with respect thereto. By using the Website and Services, you assume all associated risks.

    5. General Use of the Website and services – Restrictions

    The Website and Services are made available for your access and use, provided that:

    A. You agree not to copy or distribute in any medium any part of the Website or Services without LLS's prior written authorization, including Community Submissions.

    B. You agree not to alter or modify any part of the Website or any of its related technologies, or create derivative works or other products or services based upon the Website or Services.

    C. You agree not to collect, use or disclose any personal information of any User or third party collected, derived or associated with your use of the Website or Services, including name, address, phone number, email address, financial information, other personally identifiable information and any information provided by any User in registering or creating an account with LLS (collectively “Personal Information”).

    D. You agree not to use the Website or Services for any commercial use, without the prior written authorization of LLS. Prohibited commercial uses include any of the following actions taken without LLS's prior written approval:

    • sale of access to the Website or any Services, whether on another website or otherwise;
    • use of the Website or Services, for the primary purpose of gaining advertising or subscription revenue;
    • the use or sale of any Personal Information; and
    • any use of the Website or any Services that LLS finds, in its sole discretion, to use LLS's resources or Community Submissions with the effect of competing with or displacing the market for LLS, its Content or Community Submissions.

    E. You agree not to: (i) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website or Services or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

    F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website, Services or the Content therein.

    G. You agree not to use or launch any automated means, including spiders, robots, crawlers, scrapers or the like, to download data from the Website.

    H. You agree not to violate any applicable laws, rules or regulations, whether federal, state or local or of any foreign jurisdiction or use the Website or Services in a way for unlawful purposes or that constitutes or encourages any unlawful activities.

    I. You also agree not to submit, email, or otherwise make available any Community Submission or use the Website or Service in any way that:

    • is obscene, pornographic or profane;
    • is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous or invasive of another's privacy;
    • harasses, degrades, intimidates or is hateful toward an individual or group of individuals;
    • is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
    • includes personal or identifying information about another person without that person's express consent;
    • impersonates any person or falsely states or otherwise misrepresents your affiliation with a person or entity, including misleading email or IP addresses, or forged headers or otherwise manipulated identifiers;
    • causes the repeated posting of the same or similar Content;
    • creates, sends, or enables anything that constitutes or contains “junk mail”, “chain letters”, “spam”, or unsolicited mass mailing; or
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

    • J. You agree to comply with the Privacy Policy, and you will collect, use or disclose any other person’s Personal Information as permitted by the Privacy Policy. You agree not to use any Personal Information disclosed to you by LLS for any purpose other than using the Website or Service in accordance with these Terms, including the Privacy Policy.

      6. No Endorsement or Recommendations

      LLS does not control, recommend, or endorse any specific physicians, health care providers, medical facilities, tests, procedures, opinions, services, products (including devices and pharmaceuticals), processes, treatments, or other information that you may access through the Site or the Service. LLS does not control any User Content and does not guarantee the accuracy, integrity, or quality of any User Content or Site content, except to the extent we expressly specify otherwise.

      7. LLS Is Not Covered by HIPAA

      In operating the Website and Services, LLS is not acting as a covered entity under the administrative simplification provisions under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (commonly called HIPAA) or as a health care provider under various state health information confidentiality laws. Any Community Submissions that you post or other information that you provide will not be subject to Federal or State laws protecting privacy, security, and confidentiality of health information.

      8. Not Medical Advice

      A. All content on the Website and provided through the Services is general in nature and is provided for informational purposes only. The content of this Site may not contain all information that may apply to your situation.

      B. The information on the Website and provided through the Services is not medical or health care advice. Nothing contained on the Website and provided through the Services is intended to be professional medical advice, diagnosis, or treatment. You should not rely on information published on the Website and provided through the Services as a substitute for professional medical advice, diagnosis, or treatment.

      C. Always consult with a physician or other health care professional if you have any concerns or questions about your health or medical condition. Never disregard, avoid, or delay obtaining medical or health care advice or services from your health care professional because of something you may have read on the Website or been provided through the Services.

      9. Not for Emergencies

      IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THE WEBSITE OR SERVICES TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES. DO NOT USE THE WEBSITE OR SERVICES TO COMMUNICATE ABOUT A MEDICAL EMERGENCY OR OTHER URGENT SITUATION.

      10. Monitoring

      You agree that LLS has the right, but is not obligated, to monitor your use of the Website, Services, and any Communications Services. You release LLS from any liability related to its monitoring activities. Any message posted or transmitted through the Communications Services expresses only the views of the author of the message and does not necessarily reflect the views of LLS or any person or entity associated with LLS. Neither LLS nor any person or entity associated with LLS, will be held responsible for the contents, accuracy, completeness or validity of any information posted through the Communication Services. Any user who believes that a posted message is objectionable is encouraged to contact LLS immediately by using the report abuse feature on the site.

      11. Not the Practice of Medicine or Other Health Care Services

      This Website, the Services and all Content are not intended to be, and must not be taken to be, the practice of medicine, the practice of other health care services, or recommendations of care. Your use of the Website and the Services does not create a physician/patient, provider/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on the part of LLS. YOU ALWAYS SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO YOUR MEDICAL CONDITION.

      12. Limitations

      A. The Website and Services may contain links to third party websites that are not owned or controlled by LLS. All such links are provided solely as a convenience to you. LLS has no control over, and assumes no responsibility for, the content, products, services, privacy policies, or practices of any third party websites. LLS does not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, products or services located or accessible from any other websites, or the results that you may obtain from using any other websites. By using the Website and Services, you expressly relieve LLS from any and all liability arising from your use of any third-party website.

      B. LLS reserves the right to change, suspend or discontinue any aspect of the Website or Services at any time, without notice and at its sole discretion. LLS will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or Services or any portion thereof.

      C. LLS is not responsible for the back-up of any of any Community Submission or any lost data resulting from the use, operation or discontinuation of any aspect of the Website or Services. You are solely responsible for maintaining back-ups of your Submissions and any information generated or stored through the use of the Services.

      D. LLS is not responsible or liable to you or any other person for its cooperation with any law enforcement authorities, court order, subpoena or governmental authority requesting or directing LLS to disclose the Personal Information of any User or the use or disclosure of Personal Information to protect our rights, customers or business.

      E. From time to time, LLS may establish and modify policies concerning use of the Website and Services including the maximum number of days that Community Submissions will be retained, the maximum number of and size of Community Submission files and objects, the maximum storage allotted by LLS for use by Users, the maximum number of times and duration for which you may access the Website in a given period of time, and the maximum bandwidth used by your Community Submissions.

      13. Termination

      A. You may deactivate your LLS account at any time, for any reason, by following the instructions on the Website.

      B. LLS may suspend or terminate your account or your use of this Website at any time, without notice, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause or create a risk of financial or other loss or legal liability for you, our Users or us. LLS also reserves the right to terminate or deactivate User accounts that are inactive for an extended period of time.

      C. Upon any such termination, your rights to access and use the Website and Services shall automatically terminate. LLS has no obligation to delete or remove your Community Submissions, and they may remain on the Website. LLS will continue to have the right to use and distribute any data or information or Community Submissions you provided on the Website or to LLS to the extent permitted pursuant to these Terms of Use, under applicable law, and as you may have otherwise agreed to on the Website or in a separate agreement with LLS. In addition, even if Community Submissions are deleted from active display on the Website, they may be recorded and saved by LLS in its archives.

      D. If LLS terminates your account or denies you access to the Website, you agree to destroy all materials obtained from the Website and all copies of those materials with the exception of your personal customer account related materials and personal health data.

      14. Your Representations and Warranties

      You represent and warrant that: (i) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the licenses granted herein; (ii) if necessary you have the written consent of each and every identifiable natural person in the Community Submission to use such person’s name and/or likeness in the manner contemplated by the Website and these Terms of Use, and each such person has released you from any liability that may arise in relation to such use; (iii) You have read, understood, agree with, and will abide by the terms of these Terms of Use; (iv) the Community Submission and LLS’s use thereof as contemplated by these Terms of Use, including on and in the Website and Services, their promotion and re-distribution, will not violate, misappropriate or infringe any right of any third party, including any copyright, trademark, trade secret, privacy rights and rights of publicity; (v) You are not, nor is any other person who appears in your Community Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; and (vi) You have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your Community Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability.

      15. Disclaimers

      YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, AND LLS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. LLS ASSUMES NO LIABILITY OR Responsibility FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY acts, omissions and conduct of any Users, advertisers and/or other parties referenced on or through the Website or Services; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF LLS SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR OTHER DATA STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES; OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES.

      If you rely on any Content provided through the Website or Services, then you do so solely at your own risk.

      16. Limitation of Liability

      A. TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL LLS BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE the website, services, and/or content, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF LLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LLS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH these terms of use, the website, services, and/or content, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY OR OTHERWISE, EXCEED $100. YOU AND LLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

      B. Your sole and exclusive remedy from any use of, or inability to use the website, services, content or products, shall be for you to discontinue use of the Website and Services.

      17. Ownership

      A. All trademarks, service marks, trade names and other source indicators of LLS, including the “Leukemia & Lymphoma Society” name and trademark and the “LLS Community” name and trademark are the sole and exclusive property of LLS. You will not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify LLS trademarks in any way, including in advertising or publicity pertaining to distribution of Community Submissions, without LLS's prior written consent.

      B. LLS (and/or its suppliers) owns all right, title and interest in and to all elements of the Website and Services (other than Community Submissions), including Content, general design, software, interactive features, functionality and the like, and all copyright, patent, trademark and trade secret and other rights therein, as well as all information collected on or via or otherwise derived from the Website and/or Services, and you understand and agree that you receive no ownership rights in and to the Website, Services or Content (excluding your own Community Submissions). LLS reserves all rights not expressly granted in and to the Website, Services and Content.

      18. Indemnity

      You agree to indemnify, defend at LLS’s request, and hold harmless LLS, its affiliates and their officers, directors, employees and agents (the “Indemnified Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, obligations, costs, debt, and expenses (including attorney's fees, litigation expenses and settlement amounts) arising from or related to any of the following, provided that the foregoing obligation to defend will apply only to claims or actions brought by a third party against an Indemnified Party: (i) your use of, or inability to use, the Website and Services, or Content, (ii) any of your Community Submissions, including any infringement, misappropriation or violation of any copyright, trademark, or privacy or publicity right or other third party right; (iii) your violation of any these Terms of Use, including the Privacy Policy and other LLS Policies; (iv) your violation of any law, rule or regulation, whether local, state, federal or international; (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code; or (vi) any negligence, willful misconduct or fraud by you. You will not settle or compromise any claim, except with prior written consent of the relevant Indemnified Parties.

      19. Ability to Accept Terms of Use

      You affirm, represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website or Services.

      20. General

      A. These Terms of Use, including the Privacy Policy and other LLS Policies are the complete and exclusive statement of the agreement between you and LLS and supersede all proposals, representations or prior agreements, oral or written, and any other communications between you and LLS relating to the subject matter of these Terms of Use. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

      B. You may not assign or delegate any of its rights or obligations hereunder without LLS’s prior written consent. These Terms of Use, and LLS rights or obligations hereunder are freely assignable by LLS without necessity of obtaining your consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

      C. These Terms of Use will be governed by the laws of the State of New York, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be in the state and federal courts located in New York County, New York. You hereby accept the personal jurisdiction of such courts.

      D. LLS will not be liable for any delay or failure to perform any of its obligations hereunder by reason of fire, explosions, earthquakes, storms, flood, wind, drought and acts of God or the elements; court orders; acts, delays and failures to act by civil, military or other governmental authority; failures of suppliers, service providers or other third parties; strikes, lockouts, labor disputes, riots, insurrections, terrorism, sabotage and war; breakdown or destruction of, or damage or casualty to, any equipment, facilities or other property not caused by LLS, unavailability of materials, supplies, parts, equipment, personnel or other necessary items on commercially reasonable terms; interruption, suspension, curtailment or other disruption of utilities; or other matters beyond LLS’s reasonable control, whether or not similar to the foregoing.

      E. Whenever used in these Terms of Use, unless otherwise specified the terms “includes”, “including”, “e.g.”, “for example”, “such as”, “for instance” and other similar terms are deemed to include the term “without limitation” immediately thereafter. The headings of sections and subsections of these Terms of Use are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of these Terms of Use. In resolving any dispute or construing any provision hereunder, there will be no presumptions made or inferences drawn because one of the parties (or its representatives) drafted these Terms of Use; and each party hereby waives application of, or any rights under, any law that would require the interpretation of any ambiguities in these Terms of Use against the party that drafted it.

      F. Any notice or other communication under this Agreement given by LLS to you will be effective if: (a) sent via email to your email address specified in your LLS account; or (b) posted on the Website (and you are responsible for reviewing the Website for any such notices and communications). To be effective, any notice or other communication under this Agreement given by you to LLS must be: (y) delivered to the intended recipient; and (z) in writing and must be sent to LLS by prepaid registered mail, receipted commercial courier, or electronically receipted facsimile transmission, at the following address:
      The Leukemia & Lymphoma Society Inc.
      Attn: SVP Legal and Enterprise Risk Management
      1311 Mamaroneck Ave.
      White Plains, NY 10605

      LLS may from time to time change such address by giving Seller notice thereof in accordance herewith.

      G. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

      H. Sections 2.B, 3.A.2, 3.A.3, 3.A.4, 3.A.5, 3.B, 5.J, 6, 7, 8, 9, 10, 11, 12.C, 13, 14, 15, 16, 17, 18 and 19 of these Terms of Use shall survive termination of this Agreement and your use of the Website and Services for any reason, together with any other provisions that by their sense and context are intended to survive the performance of the Agreement.

      I. Any failure or delay by either party to exercise or partially exercise any right, power or privilege hereunder will not be deemed a waiver of any of the rights, powers or privileges under these Terms of Use. No term or condition of these Terms of Use will be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. Waiver of any breach of any term or condition of these Terms of Use will not be deemed a waiver of any prior or subsequent breach.

      J. LLS reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website or Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.