POC Website Policy and Terms of Use

Privacy Policy

Last Updated September 28, 2024

General

This site is a service of Prevail Over Cancer, LLC (“POC”).

This Privacy Policy applies only to information you provide us using this website or any other POC site (the “Site”). This Privacy Policy does not apply to information collected elsewhere, including offline and on websites linked to or from the Site.

Please read this Privacy Policy carefully. By using or accessing the Site, and by registering with the Site, you agree to the terms of this Privacy Policy. If you do not agree to these terms, please do not use our Site or provide any information to us.

In addition to reviewing this Privacy Policy, please read our Terms of Use. Your use of our Site constitutes your agreement to the Terms of Use.

We reserve the right to revise this Privacy Policy at any time. When we do, we will give you notice of the revised Privacy Policy by posting the revised Privacy Policy on the Site and by revising the “Last Updated” date at the top of this Privacy Policy. You are responsible for regularly reviewing the current privacy policy. Any change, update, or modification we make will be effective immediately upon posting on our Site. Your continued access to our Site after we post any changes or revisions constitutes your acceptance of any changes or revisions to the Privacy Policy.

SMS, Text and Messaging Rights

When it comes to SMS texting, the potential risks of not using end-to-end encryption should be a significant concern. Unlike modern messaging apps that use end-to-end encryption, SMS messages are not encrypted, meaning that your cellular provider can access and store the contents of your messages. This lack of encryption also makes SMS messages vulnerable to interception by unauthorized parties. Additionally, metadata such as the sender, recipient, and timestamp of messages can be retained by carriers for extended periods. For enhanced privacy, consider using messaging apps that offer end-to-end encryption, ensuring that only you and the intended recipient can read the messages. Protecting your communication privacy is crucial in today’s digital age, and choosing the right platform can make a significant difference.

If you wish to stop receiving our SMS messages, reply with the word “STOP” at any time. This removes you from our SMS list, ensuring you no longer receive our messages.

We recommend using WhatsApp for a more secure communication option. You can reach us directly via WhatsApp at wa.me/14059191982.

Your California Privacy Rights

California Civil Code Section 1798.83 permits California customers to request certain information regarding our disclosures of personal information to third parties for their direct marketing purposes. The law provides that we may (1) respond to this request by providing certain information about our disclosures or (2) if we maintain an opt-out or opt-in procedure, by providing customers with a cost-free means to exercise that right.

To make such a request, please email us at [email protected] or the address below and provide your name and the address to which you would like us to respond.

Prevail Over Cancer, LLC
4428 Bridle Path
Yukon, OK 73099
888-737-7382

Collection of Information

We collect “automatic information” and “personally identifiable information.”
“Automatic information” is information automatically collected by our web server (which may be hosted by a third party) that your web browser makes available whenever you visit our Site. This information may include your computer's IP address, operating system version, and browser type, the duration of your visit to the Site, and other standard tracking data we use to evaluate site traffic and usage patterns.

The Site also uses “cookies,” which are bits of data sent by a website through the browser to the computer of the user visiting the site, that enable our Site to return the results the browser expects. Most website browsers automatically accept cookies, but you can turn off the cookie acceptance option in your browser’s settings. However, disabling the cookie support function of the browser may prevent some portions of our Site from functioning correctly, and you may not be able to utilize our Site fully. From time to time, we may use advertising companies to develop banner ads for our Site. These ads may contain cookies that may be sent to your browser through the banner ads. We do not have control over cookies placed by our advertisers, nor do we have access to any information their cookies may collect.

“Personally identifiable information” tells us who you are, such as your name, job title, company, physical mailing address, e-mail address, telephone and fax numbers, and, if applicable, financial information such as your credit card information. We may collect this information when you:

• register to attend POC trade shows, conferences and events;
• subscribe to our publications, including e-newsletters;
• register with our Site;
• communicate with us by e-mail;
• post comments, ratings or messages to any of our chat groups, bulletin boards or forums;
• and/or complete online forms, surveys or contest entries.

You always have the option not to provide the personal information we request. If you choose not to provide the personal information we request, you can still visit our Site, but you may be unable to access or use certain options and/or services.

Use and Disclosure of Personal and Financial Information

Suppose you elect to provide personal information to us. In that case, we may use it for the provided purpose (e.g., to establish your account, send you publications to which you have subscribed, attribute content you submit to the Site to you, etc.), and for the other purposes set forth herein. We may use personally identifiable information to (1) send you e-mails about your account, (2) respond to e-mails, (3) provide customer support, and (4) perform other similar functions. We may also use personally identifiable information to send you marketing, advertising and product/service offerings (“Commercial Communications”).

We may share personally identifiable information with our affiliates and partners, including our exhibitors, sponsors, and advertisers, for marketing, advertising, and product/service offering purposes. While we will seek to require all such third parties to follow appropriate privacy policies consistent with this Privacy Policy and will not authorize them to use this information except for the express purpose for which it is provided, POC does not bear any responsibility for any actions or policies of third parties.

Suppose you wish to limit the Commercial Communications you receive from us and our affiliates and partners and do not wish to have your personally identifiable information shared with third parties. In that case, you may opt (i) not to have your personally identifiable information shared with third parties, (ii) not to receive Commercial Communications from third parties, and (iii) not to receive Commercial Communications from us except for Commercial Communications related to the product or service for which you provided your personally identifiable information, as described below under “Opt-Out Option.”

We may also disclose personally identifiable information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of our Site, or anyone else who such activities could harm. We may also disclose personally identifiable information when we reasonably believe the law requires it.

In addition, as our business changes, we may buy or sell various assets. Suppose all or a portion of the assets owned or controlled by POC, or any subsidiary or affiliated entity, are sold, assigned, transferred, or acquired by another company. In that case, personally identifiable information may be among the transferred assets.

If you submit financial information to us, we may use that information to verify your credit and collect payments for your purchases, orders, registrations, etc. We may share your financial information with third parties that process financial transactions on our behalf.

Automatic Information

We will use automatic information to personalize our Site based on the preferences you submit when you register. We also use aggregated information to evaluate products and services we may offer you.

We may use temporary, session-specific cookies to ensure visits to our Site are smooth and customized for the visitor. For example, we may use cookies to control the display of ads, track usage patterns on our Site, deliver editorial content, and record registration and personalization information. Cookies allow us to provide a visitor’s browser with information tailored to the visitor’s preferences and needs. We also may use permanent or persistent cookies on a visitor’s computer after the visitor leaves our Site.

In addition, we reserve the right to use the information we collect about your computer, which may at times be able to identify you, for any lawful business purpose, including to help diagnose problems with our servers, to gather broad demographic information, and to administer our Site otherwise.

Aggregated Information

We reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users for business purposes, such as analyzing usage trends and seeking compatible advertisers and partners.

Information on Children

The Site is for a general audience. We do not intentionally collect personally identifiable information from users under the age of thirteen. If we become aware that a user of our site is under 13 and has provided any personally identifiable information to us without verification of parental consent, we will remove that child’s personal information from our files.

Updating Visitor Information

Many of our Site functions (but not all) allow you to correct, update and modify your personal and financial information. If you would like instructions on how you may correct, update, and modify your personal and financial information, please get in touch with us at [email protected] and provide us with the specific Site through which you provided information. If you would like to update your information via e-mail, please contact us at [email protected] and provide us with (1) the name and e-mail address you previously provided to us and (2) any updates to your personal and/or financial information.

You may not change the username ID you selected when registering for a trade show, event, or conference.

Third-Party and Affiliated Links

Our Site may, from time to time, contain links to other websites, including suppliers, advertisers, and affiliates. We have no control over and are not responsible for, the content of, or information gathered by these other websites. We do not endorse any of these websites or the products or services associated with such websites merely because they are linked to our Site.

Information Posted on Bulletin Boards and Other Forums

Users of our Site should be aware that others may collect information you disclose on bulletin boards and other forums, which may result in unsolicited messages from others.

Opt-Out Option

If you do not want POC to share your personally identifiable information with third parties, or if you do not wish to receive Commercial Communications from POC and third parties, you may (i) state your preferences at the time you submit your personal information to us, or (ii) change your preferences at any time by (a) notifying us in writing (at the Privacy Policy Contact mailing address or email address below) of your e-mail address and of your preference that we do not share your information and that you do not wish to receive such Commercial Communications from POC and third parties, or (b) following the unsubscribe instructions contained within the e-mail you receive from us.

We will update your preferences as soon as they are reasonably practicable.

We will use reasonable efforts to forward your opt-out request (including your e-mail address) to the specific third-party marketer whose offer you received from us, prompting your opt-out or unsubscribe request so that it can include your e-mail address on its do-not-email list. However, even if you opt-out as described above, we will not be able to remove your personal information from the databases of third parties with which we have already shared your personal information (i.e., to which we have provided your personal information before our receipt of your opt-out request). POC is not responsible for ensuring that any third party complies with your opt-out or unsubscribe request vis-a-vis its own lists.

Security and Encryption

Unfortunately, information transmitted on the Internet and stored on systems attached to the Internet is not 100% secure. As a result, POC cannot ensure, warrant, or guarantee the security or integrity of such information.

Privacy Policy Contact

If you have any questions regarding our Privacy Policy, please feel free to contact us by letter at the address below or by e-mail at [email protected]

Prevail Over Cancer, LLC
4428 Bridle Path
Yukon, OK 73099

=========================

Terms of Use
Last Updated November 30, 2022

This website does not claim to treat, cure, heal, assess, or reverse a disease, addiction, ailment, defect, injury, or psychological condition. The information on this website should not be used to diagnose, treat, or cure any medical condition, illness, disease, metabolic disorder, or health problem. The information presented herein, guides, reports, messaging, and email are for educational purposes only and are not intended to be medical advice. If you have a medical problem or suspect you have one, contact your physician or healthcare provider before beginning any nutritional, food, exercise, or supplement program. The author does not assume any liability for any injury, illness, or adverse effect caused by the use or misuse of the information provided by POC. The reader is solely responsible for using this website's programs, advice, and other information, reports, guides, messages, and emails. 

This site is part of the network of websites created and operated by Prevail Over Cancer, LLC (“POC”), collectively referred to as the Sites. These Terms of Use set forth the terms and conditions under which you may enter and use the Sites and any services available on the Sites. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ENTERING OR USING ANY OF THE SITES, REGISTERING WITH ANY OF THE SITES AND CLICKING “I AGREE,” YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ENTER OR USE THE SITES.

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITES TO THE CONTRARY, THE SITES ARE PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY. THESE TERMS ARE CONTAINED IN SECTIONS 12 AND 13 BELOW.

At its discretion, POC shall have the right to revise these Terms of Use at any time without notice. WHEN WE DO, WE MAY REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE. THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “POLICIES” HYPERLINK LOCATED AT THE BOTTOM OF OUR WEB PAGES. WE MAY ADD ADDITIONAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITES BY POSTING SUCH TERMS AND CONDITIONS ON THE SITES FROM TIME TO TIME. YOUR CONTINUED ENTRY TO AND USE OF THE SITES AND THE SERVICES AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.

1. USE OF THE SITES
   1.1.POC grants you a non-exclusive, non-transferable, and limited privilege to use the Sites to view Content, obtain information about and view POC publications; subscribe to POC publications; register for trade shows, conferences, and events; post messages to bulletin boards, chat groups or forums available on the Sites; and use the Sites for other purposes expressly permitted by POC in writing on the Sites (collectively, the Services).
   1.2.You may print or copy for your business use any portion of the Content you are authorized to access, provided that you do not remove any trademark, copyright, or other notice contained in such Content. Your personal business use refers to use that is customary for users of informational websites and expressly excludes (1) producing, displaying, or distributing multiple or bulk copies of any articles or other Content or (2) compiling portions of the Content into any product for sale, license, promotional use or any other exchange for value. You may also reproduce, distribute, or adopt up to forty (40) words or 250 characters (including spaces) of Content, provided you (a) identify POC as the source of the Content and (b) if you use the Content on the Internet, include a hyperlink back to the website from which you obtained the Content.
   1.3. Other than the personal business uses permitted herein, you may not copy, reproduce, alter, modify, create derivative works, distribute, sell, publish, transmit, publicly display, or otherwise use the Content or any part of the Sites without prior written permission from POC. You expressly agree not to use the Sites or the Content in any manner that competes with POC,
   1.4. Without limiting the generality of the preceding, you further agree not to remove, obstruct, modify, or otherwise interfere with the delivery or display of advertisements on the Sites. You further agree that unless you first obtain our express written permission, you will not (a) use any of our trademarks as metatags on other websites, (b) use the Sites in any manner that is illegal or impairs the operation of the Sites or their availability or usage by others, and (c) display any part of the Sites in frames (or any Content via in-line links). You agree not to submit to the Sites any malicious software of any kind, including, without limitation, viruses or Trojan horses.
   1.5. You further agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites and not to insert any code or product or manipulate the Sites in any way that affects the user’s experience, including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Sites. You further agree not to use any web crawlers, robots, spiders, data gathering, or extraction tools or otherwise engage in data mining in connection with your use of the Sites.
   1.6. Search engines may engage in customary site indexing and caching.
   1.7. Requests to use Content for any purpose other than as expressly permitted in these Terms of Use or on the applicable website should be directed to the appropriate POC publisher; if you are unsure as to the appropriate POC publication, don't hesitate to get in touch with [email protected].
2. CONTENT
   2.1.All of the information, content, services, and software displayed on, transmitted through, or used in connection with the Sites, including advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, and data, and including the selection and arrangement of those above and the “look and feel” of the Sites (collectively, the Content), are owned by (or licensed to) POC or its third-party content providers, and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws, and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in these Terms of Use, all rights in and to the Sites and Content are expressly reserved by POC.
   2.2.POC respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify our editor.
3. SUBMISSIONS & USER-CREATED CONTENT
   3.1. The Sites may contain bulletin boards, chat groups, forums, and other interactive areas that allow users to express their opinions and post Content. We do not monitor all content posted or transmitted by users or third-party information providers.
   3.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the third party and not POC. POC does not represent or endorse the accuracy or reliability of any Content displayed, uploaded, or distributed on the Sites by any third party. You acknowledge that any reliance upon such third-party Content is at your sole risk.
   3.3. POC may, in its sole discretion, edit and remove any Content you submit to the Sites. Without limiting the generality of the preceding, POC may edit or remove any Content you submit to the Sites that POC, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable, and you waive any moral rights you may have concerning changes in the Content. We are not responsible for maintaining your posted Content and may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
   3.4.You are solely responsible for any Content you submit to the Sites. We shall not be liable for using or misusing any information or data, including personal information, that is included in your posted Content.
   3.5.By submitting Content to the Sites, you hereby grant to POC, its affiliates, and related entities a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant POC, its affiliates, related entities, licensees, and assignees the right to use your name and any other information you provide concerning any such use of the Content. You understand and agree that visitors to the Sites may use your Content by these Terms of Use.
4. 
   CONTENT LIMITATIONS
   4.1.If you provide any information to us, including Content posted to any of the Sites, you agree to provide only true, accurate, current, and complete information.
   4.2. You agree not to post Content that: contains vulgar, profane, abusive, or hateful language; epithets or slurs; text or illustrations in poor taste; inflammatory attacks of a personal, racial, or religious nature; or expressions of bigotry, racism, discrimination, or hate; or is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or violates or infringes any right of POC or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites; or advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or contains copyrighted or other proprietary material of any kind on the Sites without the express permission of the owner of that material; or includes or transmits viruses or other harmful, disruptive or destructive files; or disrupts, interferes with, or otherwise harms or violates the security of the Sites, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites; or “flames” any individual or entity (e.g., sends repeated messages related to another user and makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or otherwise violates these Terms of Use.

4.3. Any Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Sites is generally accessible to, may be collected and used by others, and may result in unsolicited messages or other contact. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4.4. We may refer violations of these content limitations to law enforcement authorities.

5. USE OF REGISTRATION DATA.
   Specific Site areas may require registration or may otherwise ask you to provide information to participate in certain features or access specific Content or Services. If you elect not to provide such information, you may be unable to access specific Content or Services. To view our Privacy Policy, which governs the use of information you submit to the Sites, please see our Privacy Policy.
6. USERNAME & PASSWORD
   6.1. If we issue an account to use the Sites to you (an Account), we will also issue a username and password for such Account to you (each user of the Sites issued an Account shall be referred to herein as a Member). You may not authorize any third party to enter and use your Account on your behalf. You are responsible for maintaining the confidentiality of the password and username and for all activities using your account. You agree to (a) immediately notify POC of any unauthorized use of your username, password, or Account or any other breach of security and (b) ensure that you exit from your Account at the end of each session. POC cannot and will not be liable for any loss or damage arising from the unauthorized use of your username, password, and Account.
   6.2. Members have access to unique Content and Services on the Sites. If you are not a member, you agree not to use, access, or attempt to use or access any Content and Services intended only for Members.
7. LINKS
   7.1.The Sites may contain links to other websites or resources. Your dealings or communications through the Sites with any party other than POC are solely between you and that third party. Under no circumstances will POC be liable for any goods, services, resources, or content available through third-party websites or resources or for any harm related thereto. Please review the third party’s policies and practices carefully and ensure you are comfortable with those policies and practices before you engage in any transaction. Since we are not responsible for the availability of these outside resources or their contents, you should direct any complaints, concerns, or questions regarding any external link to such site’s administrator.
   7.2. If you operate a website and wish to link to the Sites, you may link either to our home page or any other page or sub-domain. We may revoke permission to link to the Sites at our discretion.
8. FEES AND PAYMENTS
   POC reserves the right to charge fees for access to portions of the Sites or particular Services offered. However, we will not charge for access to the Sites or Services unless we obtain your prior agreement to pay such charges. All new fees, if any, will be posted at appropriate locations on the Sites. You shall pay all fees incurred through your Account at the rates in effect for the billing period in which such fees are incurred, including charges for any products or Services offered for sale through the Sites by POC or by any other vendor or service provider. All fees shall be billed to you and paid for. You shall pay all applicable taxes for such fees.
9. INTERNATIONAL USERS
   The Sites are controlled, operated, and administered by POC from its offices in the United States. Accessing the Sites from territories where the Sites, Content, or Services are illegal is prohibited. You may not use the Sites or export the Content in violation of any applicable export laws and regulations. If you access the Sites, you are responsible for compliance with all applicable laws.
10. ADVERTISERS
    Any advertiser on the Sites confirms that its companies are VAT registered within the EU in the country where it received the goods of its agreement with Sites and that the Advertiser will account for any local VAT due in that country under the reverse charge procedure as per the applicable VAT rules in force in that country. Where the Advertiser is not VAT registered or ceases to become VAT registered in that country, the Advertiser will inform POC immediately. Failure to notify the POC could create VAT and related costs. Suppose the Advertiser becomes de-registered or incorrectly informs the POC that the Advertiser is VAT-registered. In that case, POC reserves the right to charge the Advertiser any VAT and related costs in addition to the price agreed for services according to the Terms of its Agreement.
11. INDEMNITY/LIMITATIONS OF LIABILITY
    11.1.As a condition of use of the Sites and the Services, you agree to indemnify, defend, and hold harmless POC and its officers, directors, owners, agents, information providers, subsidiaries, affiliates, licensors, and licensees (collectively, “Indemnified Parties”) from and against any claims, liability, and costs, including attorneys™ reasonable fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) your entry and use of the Sites, (b) your use of the Services, (c) POCs use or distribution of any Content you provide to POC, (d) Content posted or transmitted through your Account, even if not posted or transmitted by you, and/or (e) any violation, or alleged violation, of these Terms of Use by you, or any party acting on your behalf or with your authority.
    11.2.You shall cooperate as fully as reasonably required in the defense of any such claim. POC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
12. DISCLAIMER
    Notwithstanding anything contained in these Terms of Use or on the Sites to the contrary, the Sites, Content, and Services are provided on an “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” basis, without warranty of any kind. We do not promise or warrant that any aspect of the Sites (including, without limitation, the Service) will work properly or be continuously available. We assume no liability or responsibility for any error or omission in respect of the Sites, including, without limitation, any error, inaccuracies, or omissions concerning any Content, that any error, inaccuracies, or omissions will be corrected, or that the Sites are free of viruses or other harmful components. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, ANY CONTENT ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR SOLE DISCRETION AND RISK. WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITES AND CONTENT. FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITES AND CONTENT. Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.
13. LIMITATION OF LIABILITY.
    13.1.IN NO EVENT WILL POC, OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE USE OF THE SITES OR CONTENT, THE LOSS, DELAY OR INABILITY TO USE THE SITES OR CONTENT, THE LOSS OF ANY CONTENT OBTAINED THROUGH THE SITES, AND/OR THE INACCURACY OF ANY CONTENT, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF CONTENT YOU SUBMIT TO US, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE SITES (INCLUDING, WITHOUT LIMITATION, THE SERVICES), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF POC (OR ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of some types of damages, so some of the above may not apply to you.
    13.2. If you are dissatisfied with any Sites or Content, your sole and exclusive remedy is to discontinue using the Sites.
14. TERMINATION/MODIFICATIONS TO THE SITES OR SERVICES.
    14.1. POC may, in its sole discretion, (a) terminate, modify, suspend, discontinue, and restrict your Account and suitable to use all or any portion of the Sites (including, without limitation, the availability of any Content contained on the Sites), and (b) change any of the Services offered on the Sites, in each instance at any time for any reason (or for no reason) and without notice or liability. Without limiting the generality of the preceding, we may, at our discretion, terminate your Account and your right to use the Sites if you breach these Terms of Use; we believe that you are infringing, or have infringed, the intellectual property rights of others or you are aiding or threatening, or have aided or threatened, such infringement, and (z) we believe you have engaged in any fraudulent, abusive, or otherwise illegal activity.
    14.2.You agree that (a) if your authorization to enter any of the Sites is terminated, you will not after that enter, or attempt to enter, the Sites, directly or indirectly, and (b) if your authorization to enter any of the Sites is suspended, you will not after that enter, or attempt to enter, the Sites, directly or indirectly, until your suspension is removed and we give you express notice thereof.
    14.3.Termination of your right to use all or any portion of the Sites for any reason will not affect the survival of these Terms of Use provisions that are intended to extend beyond the terms of these Terms of Use.
15. MISCELLANEOUS
    15.1.These Terms of Use constitute the entire agreement between you and POC regarding the use of the Sites and the Services and shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Sites; provided; however, that in the event of a conflict between such other terms and these Terms of Use, these Terms of Use shall control.
    15.2.You may not transfer any rights or obligations you may have to your Account or under these Terms of Use without our prior written consent.
    15.3. The failure of POC to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
    15.4. If any portion of these Terms of Use is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified by the applicable law as nearly as possible to reflect the original intention of the relevant provision, and the remainder of these Terms of Use shall remain in full force and effect.
    15.5. These Terms of Use are governed by the laws of the State of Oklahoma and the United States without giving effect to the conflict of law provisions thereof. Any action to enforce these Terms of Use or any purported duty, obligation, breach, or injury by POC shall be brought in the United States District Court for the District of Canadian County, OK, or, if the federal courts do not have subject matter jurisdiction, the state courts of original jurisdiction located in Canadian County, OK, and each party hereby consents to and submits to the personal jurisdiction and venue of each of such courts.
    15.6. A printed version of these Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    15.7. The failure of POC to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. None of our rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; instead, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.
    15.8. If we bring any suit against you to enforce these Terms of Use or otherwise in connection with your use and entry of the Sites, you agree that if we prevail in such suit, we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorney’s fees.
    15.9. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.
    15.10. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and the Sites must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.
    15.11. Official correspondence to us must be sent via postal mail to:

Prevail Over Cancer, LLC
4228 Bridle Path
Yukon, OK 73099
www.PrevailOverCancer.com
888-737-7382