The terms of use outlined on this page specify your agreed to conditions for use
of this website ("site"). By accessing this site, you signify your agreement to
these terms of use. Please read them carefully.
SCOPE AND CHANGES
These Terms of Use represent the entire Agreement between
Just Say No To Cancer
("site", "we", "our" and "us") and you. These terms of use supercede any prior agreements
concerning the same subject matter.
THIS MEANS WE MAY CHANGE THESE TERMS OF USE AT ANY TIME. THEREFORE YOU ARE URGED TO REVIEW
THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. BY ACCESSING THE SITE AFTER A CHANGE TO THESE
TERMS OF USE, YOU ARE INDICATING THAT YOU HAVE ACCEPTED THE CHANGES.
BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO,
AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.
IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR
PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.
PERSONAL INFORMATION AND PRIVACY
See our https://justsaynotocancer.com/cancerproof/privacy/ for our policy regarding the collection and use of personal information.
You agree that we may collect and use the member information described in our Privacy Policy as
per the terms and conditions provided in our
Privacy Policy.
PRODUCT INFORMATION
For questions about the products on this Site, please use the customer service e-mail link
found at the bottom/top of each product page or section. For questions about orders placed
through the Site, please use the same online Customer Service Center or
Contact Us page.
PRODUCT DELIVERY
Products provided by the Site are of a digital nature only, and are immediately made available
upon purchase, barring any unforeseen technical impediments that may arise. In the event that
such impediments occur, simply use of online Customer Service Center or
Contact Us page to alert us to the issue and we will
undertake to resolve the problem in a timely manner.
PRICES AND PAYMENT
Prices charged for our products are as shown on the website at the time and date of your purchase.
Prices are shown in US Dollars on the website. All the prices shown are inclusive of any taxes.
Before your order can be accepted we must receive payment in full. Payment shall only be deemed
to have occurred once our transaction processor (ClickBank) is in receipt of cleared funds.
When ordering via the website, you must pay using one of the accept forms of payment as required
by our transaction processor - currently this means you may pay using Paypal or credit card,
ClickBank accepts Visa, MasterCard, American Express, Discover, JCB, and Diners Club.
Your purchase will appear on your bank statement under the name "CLKBANK*COM".
We do not accept payment by mail or fax.
You confirm that all details provided by you to us (through ClickBank) for the purpose of purchasing
our products will be correct.
REFUNDS
Our refund policy follows that of our transaction processor (ClickBank), which offers a
100% satisfaction guarantee, and will honor refunds for customers that have a grievance
against the product. This money-back guarantee on purchases covers the 60-day period following
your purchase. Refunds can be acquired by
visiting the
ClickBank support page,
providing your purchase details, including ClickBank receipt ID, and requesting a refund.
COPYRIGHT RESTRICTIONS
All material either presented on this Site, or downloaded from it, including but not limited
to images and text ("Materials"), are protected by copyright and/or other intellectual property
laws, and are owned and controlled by Just Say No To Cancer or its partners. You may not
copy, reproduce, republish, upload, post, transmit, distribute and/or create derivative works
from the Materials in any way. Use of any Material without express permission by
Just Say No To Cancer is a violation of our intellectual property rights and is prohibited
by these Terms of Use.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is policy of this Site to respect the copyright and intellectual property rights of others.
We may remove content that appears to infringe the copyright or other intellectual property
rights of others. If you believe that our Site has infringed your copyright in any material way,
please
Contact Us, and provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
- An identification of the copyrighted work claimed to have been infringed.
- An identification of the material that you claim is infringing so that we may locate it on the Site, or within our Product.
- Your address, telephone number, and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and
- A statement by you that the above information in your notice is accurate, made under penalty
of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
- Please direct inquiries regarding copyright issues by mail to
our address, or via e-mail, using our contact information as supplied
on our Contact Us page.
DISCLAIMER OF WARRANTY
YOUR ACCESS TO AND USE OF THE SITE ARE SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED "AS-IS,"
AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER REPRESENTATIONS
AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ITS FITNESS
FOR A PARTICULAR PURPOSE, ITS QUALITY, ITS MERCHANTABILITY, ITS PERFORMANCE, ITS NONINFRINGEMENT
OF THIRD PARTY RIGHTS, ITS ACCURACY, COMPLETENESS OR OTHER CHARACTERISTICS, OR THE RESULTS
OBTAINED BY USING THE SITE. WE DO NOT WARRANT THAT THE SITE IS FREE FROM BUGS, VIRUSES, ERRORS,
OR OTHER PROGRAM LIMITATIONS, NOR DO WE WARRANT ACCESS TO THE INTERNET OR ANY OTHER SERVICE
THROUGH THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN SCOPE TO
THE EXTENT PERMITTED BY APPLICABLE LAW AND IN DURATION TO NINETY (90) DAYS FROM THE INITIAL
DATE OF ACCESSING THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Just Say No To Cancer BE LIABLE TO YOU FOR ANY THIRD PARTY CLAIM
OR FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION,
ANY GOODWILL, LOST PROFITS OR LOST SAVINGS, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF IT WAS FORSEEABLE
OR THE POSSIBILITY OF SUCH DAMAGES WAS BROUGHT TO OUR ATTENTION. YOU AGREE THAT YOUR SOLE
REMEDY AGAINST US FOR LOSS OR DAMAGE CAUSED BY THE SITE, REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, IS LIMITED
TO $50. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN THAT EVENT, RECOVERABLE DAMAGES WILL BE LIMITED IN SCOPE AND AMOUNT TO THE LEAST ALLOWABLE
UNDER APPLICABLE LAW.
INDEMNITY
You agree to indemnify, defend and hold Just Say No To Cancer and our licensors harmless,
as well as our and their affiliates, officers, directors, employees, consultants and agents,
from all third party claims, liability, damages and costs (including attorneys' fees) arising
from your unauthorized or improper use of the Site or the Materials, your breach of these Terms
of Use or your infringement of any intellectual property or other rights of any person or entity.
SEC DISCLOSURE
The information contained within press releases issued by agents acting on behalf of the Site
should not be deemed accurate or current except as of the date the release was posted. We have
no intention of updating, and specifically disclaim any duty to update, the information in the
press releases. To the extent any information therein is forward-looking, it is intended to fit
within the safe harbor for forward-looking statements, and is subject to material risk.
CHANGES TO THE SITE
We may, at our sole discretion, terminate, change, modify, suspend, make improvements to,
or discontinue any aspect of the Site or any products available through the Site, temporarily
or permanently, including the availability of any features of the Site or access to any parts
of the Site, at any time without notice to you, and you agree that we shall not be liable therefore.
GOVERNING LAW, JURISDICTION, AND LITIGATION COSTS
These Terms of Use shall be construed and governed by the internal laws of New Zealand, excluding
the application of its choice of law principles. You hereby agree to submit to the personal
jurisdiction of the judicial courts of Whangarei, New Zealand.
Exclusive venue, and any filings, for any litigation permitted under this Agreement shall be with
the judicial courts located in Whangarei, New Zealand. If we bring any action against you
or you bring any action against us regarding the subject matter of these Terms of Use, the
prevailing party shall be entitled to recover, in addition to other relief granted, reasonable
attorneys fees and expenses of litigation. Notwithstanding any other provision of these
Terms of Use, we have the right to seek the remedy of specific performance of any term contained
in these Terms of Use, or a preliminary or permanent injunction against the breach of any such
term or in aid of the exercise of any power granted in these Terms of Use, or any combination
thereof, in any court having jurisdiction thereof.
SEVERABILITY; NO WAIVER
If any provision of these Terms of Use, or their application to any person, place, or
circumstance, is held by a court of competent jurisdiction to be invalid, unenforceable or
void, the remainder of these Terms of Use and such provisions as applied to other persons,
places and circumstances shall remain in full force and effect. Neither our failure nor our
delay in exercising, enforcing or taking action against you with respect to any of our rights
or powers shall operate as a waiver of such powers or rights. No single or partial exercise by
us of any of our powers or rights will preclude us from exercising such powers and rights in
the future or from exercising other powers and rights.
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