Last modified: January 26, 2025

Welcome! The All Things Cancer + Wellness Expo powered by the Byrd Cancer Education & Advocacy Foundation (collectively, “Company”) owns and operates the website cancerwellnessexpo.com, as well as any related websites and mobile applications (collectively, the “Properties,” and each, a “Property”), including all information, documents, text, audio, visual, and graphics (excluding Third Party Content, which is defined below) on the Properties (collectively, the “Materials”), as well as the software, products, and services offered and/or operated by Company and/or third parties through the Properties (collectively, the “Products and/or Services”), available for your use subject to the terms and conditions set forth in this document, or in force at the time of your use (collectively, the “Terms of Use”).

NOTICE REGARDING LIABILITY, ARBITRATION, AND CLASS ACTION WAIVER
These Terms of Use contain important information regarding limitations of our liability, your indemnification obligations, governing law, and mandatory dispute resolution procedures related to your use of the Properties and the Products and/or Services. These Terms of Use also include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than lawsuits in court and jury trials.

BY ACCESSING OR USING THE PROPERTIES IN ANY WAY, INCLUDING, WITHOUT LIMITATION, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE MATERIALS OR PRODUCTS AND/OR SERVICES, OR BY VIEWING THIRD PARTY CONTENT ACCESSIBLE VIA THE PROPERTIES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AND COMPANY’S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE BELOW. IF YOU DON’T AGREE TO SUCH TERMS, WE REQUEST THAT YOU LEAVE THE PROPERTIES (AND REFRAIN FROM USING THE MATERIALS OR PRODUCTS AND/OR SERVICES) IMMEDIATELY.

The Properties are intended for lawful use by persons over thirteen (13) years of age. If you are under the age of thirteen (13), please discontinue using the Properties immediately. The Company does not knowingly collect or solicit personally identifiable information from children under thirteen (13) years of age. If you are a child under thirteen (13) years of age, please do not attempt to register for or otherwise use the Properties or Products and/or Services or send us any personal information. If we learn we have collected personal information from a child under thirteen (13) years of age, we will delete that information as quickly as possible. If you believe that a child under thirteen (13) years of age may have provided us personal information, please contact us at [email protected].

Company reserves the right to change the Terms of Use and other Company guidelines and policies (including, but not limited to, the Privacy Policy available here and the Participation & Credential Terms and Conditions available here) posted on the Properties from time to time at its sole discretion, with or without notice. The revised Terms of Use and other revised guidelines and policies will be posted on the Properties. Any changes we make will be effective immediately when we post a revised version of the Terms of Use on the Properties. The “last modified” date above will tell you when the Terms of Use were last revised. By continuing to use the Properties after that date, you agree to the changes. To the extent that these Terms of Use differ from a prior version of the Terms of Use which you previously agreed to, this version of the Terms of Use supersedes and governs. Please periodically check the Terms of Use and policies on Company’s Properties to view the current version. Any dispute between you and Company will be governed by the Terms of Use agreed to at the time of your purchase or, if you have made no purchase, at the time of your use.

If you breach any of the Terms of Use, your authorization to use the Properties and any authorized use of Materials will automatically terminate, any Materials downloaded or printed from the Properties, whether authorized or unauthorized, must be immediately destroyed, and, in certain instances, you may also be required to immediately stop using Company’s Products and/or Services. Company reserves the right to pursue any additional remedies available in law or equity.

Certain Products and/or Services available on or through our mobile Properties are available only to persons who have purchased or subscribed to them on a subscription basis (the “Subscribers”). The payment terms for any paid subscriptions will be communicated to you at the time you subscribe to such paid subscriptions. With respect to paid subscriptions, unless you opt out of auto-renewal, such paid subscriptions will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. You can change or resign your paid subscriptions at any time in the manner permitted through your mobile operating system. If you terminate a paid subscription, you may use your paid subscription until the end of your then-current term, and your paid subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING BASIS FOR PAID SUBSCRIPTIONS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION IN THE MANNER PERMITTED THROUGH YOUR MOBILE OPERATING SYSTEM BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, COMPANY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

Intellectual Property; Limited License to Users.
The Properties, the Materials, and the Products and/or Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Properties, Materials, and/or Products and/or Services may violate such laws in addition to these Terms of Use. Except as expressly provided herein, Company and its licensors and suppliers do not grant any express or implied license to the Properties, Site Materials, or Products and/or Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Properties, the Materials, or the Products and/or Services, except if expressly authorized herein.

Third Party Content

Various sections of the Site feature content, including, without limitation, films, musical performances, or demonstrations of Third Party Products (defined below) owned or licensed by third-party creators or associated rightsholders of that content (the “Third Party Content”). Third Party Content is protected by copyright or other proprietary laws, and is for display and demonstration purposes only.

Accordingly, you must not download, use, copy, share, or print Third Party Content unless there is a notice associated with the Third Party Content expressly permitting downloading, using, copying, sharing, and/or printing. Downloading, using, copying, sharing, or printing Third Party Content without permission is a violation of these Terms of Use and strictly prohibited.

Purchase of Products and/or Services

In addition to these Terms of Use, when purchasing or using Products and/or Services on the Properties or any other offerings of the Company, you may be subject to any agreements or licenses applicable to those Products and/or Services or other offerings (“Specific Agreement(s)”). Specific Agreements may contain terms and conditions in addition to those in the Terms of Use, but all terms and conditions of the Specific Agreements and the Terms of Use apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the conflicting provision of the Specific Agreement controls with respect to your rights to the Product and/or Service or such other offering.

Use of Software, Products, and Services

Any Products and/or Services, and accompanying documentation that is made available through the Properties, whether made available by downloading or otherwise, is the copyrighted, patented, and/or otherwise proprietary work of Byrd Cancer Education & Advocacy Foundation and/or its licensors and/or suppliers. Use of Company Products and/or Services, and accompanying documentation is governed by the terms of the agreement or license that accompanies or is included with such Products and/or Services. You agree not to download or install any Product and/or Service that is accompanied by or includes a license agreement, and you shall not otherwise use any Products and/or Services unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use the Products and/or Services. Absent a license agreement that accompanies the Products and/or Services, use of Products and/or Services will be governed by these Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of Products and/or Services made available to you, and that you will not decompile or reverse engineer any such Products and/or Services.

Third Party Products

In addition to the Products and/or Services offered by Company, the Properties also advertise, offer, or make available information, products, and/or services provided by third parties (collectively, the “Third Party Products”). Third Party Products are governed by separate agreements or licenses with those third parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Products, including any liability resulting from incompatibility between Third Party Products and the Products and/or Services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Products or seek to do so.

Use of Materials

Except as may be indicated to the contrary elsewhere on the Properties or in these Terms of Use (e.g., the strict limitations against downloading, using, copying, printing, or sharing the Third Party Content), you may view and print the Materials available on the Properties subject to the following conditions:

• The Materials may be used solely for personal, non-commercial, informational purposes;
• The Materials may not be modified or altered in any way;
• The Materials may not be distributed or sold, rented, leased, or licensed to others;
• You may not remove any copyright or other proprietary notices contained in the Materials;
• Company reserves the right to revoke the authorization to view and/or print the Materials available on the Properties at any time, and any such use shall be discontinued immediately upon notice from Company.

Any rights granted to you by Company constitute a limited license and not a transfer of title or other rights. The rights specified above, i.e., the right to view and print the Materials, are not applicable to the design or layout of the Properties. Elements of the Properties are protected by copyright and other laws and may not be copied, reproduced, or imitated in whole or in part.

Submission of Information

Information submitted through the Properties may be accessed and used by a Byrd Cancer Education & Advocacy Foundation service provider in accordance with the Byrd Cancer Education & Advocacy Foundation Privacy Policy (to the extent such information includes personal information) and the policies of those third-party service providers. Although Company and Company’s service providers, including, without limitation, PayPal, Inc. (“PayPal”), Venmo (“Venmo”), and Eventbrite (“Eventbrite”), each take steps to protect the electronic transmission of credit card numbers or other financial information or personally identifiable information (collectively, “Personal Information”) that you submit through their websites, you understand and agree there is inherent risk in sharing your information via the internet. Please review the terms of use and privacy policy of any third party to which you are providing Personal Information and other personal identifying information, including PayPal’s, Venmo’s, and Eventbrite’s. Byrd Cancer Education & Advocacy Foundation is not responsible for any error by, or other acts or omissions of any of our payment service providers. By using one of our payments service providers to make payment, you agree to be bound by the applicable terms and conditions, including with respect to offers of credit or delayed payment. We may also work with additional payment processors who you may already have a relationship with or who may process your personal information with your consent.

Other than the Personal Information, and as specifically requested otherwise, do not send any confidential or proprietary information through the Site. If you choose to share Personal Information in a manner that is intended for public display, or any information other than Personal Information with Company, then such information will be deemed NOT to be confidential (“Non-Confidential Information”). For any Non-Confidential Information you do send, post, or submit, you grant Company and its affiliates, successors, and assigns an unrestricted, royalty-free, perpetual, irrevocable, sublicensable, transferrable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the Non-Confidential Information, and agree that Company is free to use any ideas, concepts, know-how, or techniques that you send Company for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of such Non-Confidential Information by Company or its affiliates, successors, or assigns, will not infringe or violate the rights of any third party.

You are prohibited from posting or transmitting to or from the Properties any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. By using the Properties, you agree to the Byrd Cancer Education & Advocacy Foundation Code of Conduct, which is available here.

User Conduct

In using the Properties, including all Third Party Content and any Products and/or Services, you agree as follows:

• Not to disrupt or interfere with any other user’s use or enjoyment of the Properties, any affiliated or linked sites, or any Products and/or Services.
• Not to upload or otherwise transmit through the Properties any viruses or other harmful, disruptive, or destructive files.
• Not to create a false identity or otherwise engage in activity that is deceptive or fraudulent in any manner.
• Not to use or attempt to use or access another’s account, password, services, or systems to access the Properties.
• Not to use any high volume or automated mechanisms (including, without limitation, robots, scrapers, spiders, offline readers, harvesting bots, or other mechanisms) to retrieve, download, store, mine, or reproduce the Properties or the Material.
• Not to attempt to download and/or transmit any content which you are not authorized to transmit and/or infringes on any third party’s rights, including, without limitation, the Third Party Content.
• Not to disrupt or interfere with the security of, or otherwise cause harm to, the Properties, or any Products and/or Services, Materials, Third Party Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Properties or any affiliated or linked sites.
• Not to post any content that libels, defames, invades privacy, or is indecent, obscene, pornographic, abusive, threatening, illegal, solicits or engages in gambling.
• Not to run Maillist, Listserv, any form of auto-responder or “spam” or any processes that run or are activated while you are not logged into the software or Products and/or Services.

Managing Content and Communications

Byrd Cancer Education & Advocacy Foundation reserves the right, in its sole discretion, to delete or remove your content from the Properties and to restrict, suspend, or terminate your access to all or part of this Properties, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Byrd Cancer Education & Advocacy Foundation reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if we have a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Byrd Cancer Education & Advocacy Foundation or others. Byrd Cancer Education & Advocacy Foundation may, but is not obligated to, monitor or review (i) any areas on the Properties where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, Byrd Cancer Education & Advocacy Foundation will have no liability related to your content arising under the laws of copyright, libel, defamation, privacy, obscenity, or otherwise. Byrd Cancer Education & Advocacy Foundation also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content. For information regarding copyright infringement takedown procedures pursuant to the Digital Millennium Copyright Act, please see the Copyright Notice, which is available here.

All material you submit to the Properties (excluding any materials you submit through Byrd Cancer Education & Advocacy Foundation‘s shopping cart to apply to participate in an event or any music or film & tv submission), including emails, becomes the sole and exclusive property of Byrd Cancer Education & Advocacy Foundation, and Byrd Cancer Education & Advocacy Foundation may reproduce, distribute, display, exhibit, and otherwise exploit that material in all markets and media now known or hereafter devised throughout the Universe in perpetuity without any compensation or other consideration to you. You hereby waive all moral rights you may have in and to that material. Any information that you make available to the public via the Properties is considered Non-Confidential Information.

Use and Protection of Account Number and Password

You are responsible for maintaining the confidentiality of any of your account numbers, account names, and/or passwords used to access the Properties or any Products and/or Services. If you become aware that any account numbers, account names, and/or passwords have been obtained by any other person or otherwise misused, you will notify Byrd Cancer Education & Advocacy Foundation as soon as possible.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Byrd Cancer Education & Advocacy Foundation, THE PROPERTIES, THE MATERIALS, AND ALL PRODUCTS AND/OR SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Byrd Cancer Education & Advocacy Foundation MAKES NO WARRANTY THAT (i) THE PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PROPERTIES, MATERIALS OR PRODUCTS AND/OR SERVICES PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN THE PRODUCTS AND/OR SERVICES OR ANY DEFECTS IN THE PROPERTIES, THE MATERIALS, OR PRODUCTS AND/OR SERVICES, WILL BE CORRECTED.

THE PROPERTIES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Byrd Cancer Education & Advocacy Foundation MAY MAKE CHANGES TO THE PROPERTIES, MATERIALS, OR PRODUCTS AND/OR SERVICES AT ANY TIME IN ITS SOLE DISCRETION, INCLUDING, WITHOUT LIMITATION, THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND/OR SERVICES, AT ANY TIME WITHOUT NOTICE. THE PROPERTIES, MATERIALS AND PRODUCTS AND/OR SERVICES MAY BE OUT OF DATE, AND Byrd Cancer Education & Advocacy Foundation MAKES NO COMMITMENT TO UPDATE SUCH PROPERTIES, MATERIALS, OR PRODUCTS AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) Byrd Cancer Education & Advocacy Foundation DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE PROPERTIES OR THE PRODUCTS AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE PROPERTIES; (ii) Byrd Cancer Education & Advocacy Foundation MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR THIRD PARTY CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Byrd Cancer Education & Advocacy Foundation SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.