Terms of Use

Welcome to CancerbeGlammed.com (the "Site"), an e-boutique and online platform catering to women undergoing surgery, treatment and recovery. These Terms of Use govern the agreement between Cancer Chic Boutique, LLC ("we", "us", "our") and you ("you", "your") regarding your use of the Site.  Any registration and other information or content submitted by you via the Site or directly to us are subject to these Terms of Use and the terms and conditions of our Privacy Policy. Your access and use of the Site constitutes your agreement to be bound by these Terms of Use and our Privacy Policy, and any additional terms set forth in specific sections of the Site. We may change these Terms of Use or our Privacy Policy from time to time, and your continued use of the Site after any such changes constitutes your acceptance of such changes.

This Site, its content and its functionality is our property or the property of our licensors. Unless you are the owner, original publisher or authorized licensee of the content, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided you do not remove any copyright or other proprietary notices.

In order to access certain areas and functionality of our Site, we may ask you to provide certain demographic information including, but not limited to, your gender, date of birth, zip code and country. In addition, if you elect to sign up for a particular feature of the Site, such as discussion forums, blogs, shared interest groups or social networking features, you may also be asked to provide personally identifiable information such as your name and e-mail address. Our use of any information you provide to us is governed by these Terms of Use and our Privacy Policy.

We reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others. You are responsible for maintaining the confidentiality of any passwords or accounts in connection with your use of the Site, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We shall not be liable for any loss or damage arising from your failure to protect your password or account information. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

The Site may include a variety of features such as discussion forums, blogs, and social networking features that allow feedback be provided to us and allow users to interact with each other on the Site, as well as post content and materials for display on the Site. By accessing any such features, you represent and agree: (i) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (ii) that you are making your posting or submission with the express consent of anyone pictured or otherwise included in any material you post or submit; and (iii) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content displayed on or submitted via the Site by you or by others using your username and password.

You shall not (i) use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent who you are or your authorized affiliation with a person or entity; (ii) interfere with or disrupt any servers or networks used to provide the Site or its features, (iii) gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking or other illicit means, obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, post or transmit any information, software or other material that contains a virus or other harmful component, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on our Site; (iv) use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would violate any law; (v) use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining written permission from the owner or rights holder; (vi) use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising or to advertise to or solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval; (vii) gather for any commercial marketing or solicitation purposes any e-mail addresses or other personal information or directory listings that have been posted by other users of the Site; or (viii) gather for the purpose of spamming, e-mail addresses or other contact information that has been posted by other users of the Site or otherwise engage in any acts that would constitute a violation of the CAN-SPAM Act of 2003, 15 U.S.C. §7701, et seq., or any state law prohibiting or regulating unsolicited commercial e-mails.

Responsibility for what is posted on discussion forums, blogs and other areas on the Site through which users can supply information or material, or sent via any e-mail services that are made available via the Site, is the responsibility of each individual user and does not necessarily represent our opinions or views. We do not control the messages or content or any information or files that you or others may transmit, post or otherwise provide on or through the Site. We do not have any obligation to monitor any discussion forums, blogs, content, or other areas of the Site through which users can supply information, content or material, though we will attempt to provide the ability for other users to report inappropriate submissions to us. We reserve the right at all times, in our sole discretion, to screen content submitted by users and to edit, delete, and/or refuse to accept any information, content or material that in our judgment violates these Terms of Use or is otherwise deemed unacceptable or inappropriate. We may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if such preservation or disclosure is reasonably necessary. You hereby grant us the right to identify you as the author of any content you submit by name, e-mail address or screen name, as we deem appropriate, and to repost such content in any portion of the Site.

You may establish a link to our Site provided the link does not state or imply any sponsorship of your website, organization, products or service by us. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property. We are not responsible for any third party products or services offered via the Site or via a link provided on the Site. Third party merchants may have terms of use, and privacy and data collection practices that are different from ours, and we have no responsibility or liability for these independent policies. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or any of our affiliates arising from your purchase or use of any products or services made available by third parties through the Site. Any credit card payments made by you shall be processed by a third-party payment processor. We do not store credit card information either on or outside the Site.

Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.

THE PRODUCTS, SERVICES AND INFORMATION PROVIDED VIA THE SITE ARE NOT, NOR ARE THEY INTENDED TO BE, A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, A DIAGNOSIS OR TREATMENT. WE ENCOURAGE YOU TO COMMUNICATE WITH YOUR MEDICAL AND PROFESSIONAL CAREGIVERS FOR PROFESSIONAL ADVICE REGARDING SUCH PRODUCTS, SERVICES AND INFORMATION.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING WITHOUT LIMITATION, THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.


UNDER NO CIRCUMSTANCES WILL WE, OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, AND THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

California Civil Code Section 1542 Waiver. To the extent that releases and waivers contained in these Terms of Use are releases to which Section 1542 of the California Civil Code or similar provisions of other applicable law applies, you agree that the waiver of such provision was separately bargained for and the foregoing releases shall be effective as a bar to any and all actions, fees, damages, losses, claims, liabilities and demands of whatsoever character, nature and kind, known or unknown, suspected or unsuspected specified herein.

You agree to indemnify and hold us, our affiliates, and each of our and their respective directors, officers, managers, employees, shareholders, agents, representatives and licensors, harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of your use of the Site, violation of these Terms of Use by you or any other person using your account, or your violation of any rights of another. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

These Terms of Use will be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use are found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.