Terms of Use
LAST UPDATED: DECEMBER 2023
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY, AS THEY MAY AFFECT YOUR LEGAL RIGHTS.
Please review this Terms of Use agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of the American Cancer Society, Inc. Leadership in Oncology Navigation (LION)™ Program (“ACS ” or “we” or “us” or “Program”), including this website and, as applicable, any mobile applications offered by us (collectively, “the Site,” along with any content, products and services made available on or through the Site, the “Services”). Your use of the Services is governed by this Agreement regardless of how you access the Services, including through the internet, a mobile network or otherwise.
Acceptance of Terms. The Services are made available by ACS subject to this Agreement. ACS reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including by email or by posting the revised version of this Agreement on the Site or in connection with the Apps. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of any of the Services following any changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and ACS arising prior to the date on which ACS posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes. When using any Services, you agree that you are subject to any additional terms and conditions posted by us that are applicable to such Services, which are hereby incorporated by reference into this Agreement. If you enrolled in the ACS LION Program, your access to and use of the Program is additionally governed by the Program Policies as outlined in the Handbook made available to you on the Program platform. In the event of a conflict between the provisions of this Agreement and the applicable Program Policies, the terms of the Program Policies shall govern with respect to your access to and use of the Program and any certificate earned as a result of participation in the Program.
BY “CLICK ACCEPTING” THESE TERMS AND CONDITIONS, OR BY ACCESSING OR USING THE SERVICES (INCLUDING BY COMPLETING A TRANSACTION), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
We reserve the right, at any time, temporarily or permanently, in whole or in part, to: modify or discontinue any of the Services (including any component or feature thereof), with or without notice; charge fees in connection with the use of the any of the Services; modify or waive any fees charged in connection with any of the Services; or offer opportunities to some or all users of any of the Services. If any part of any of the Services is suspended, modified, or discontinued, or if a technical error occurs, information, data, or content created or provided by you in connection therewith may be deleted or become inaccessible; accordingly, you should not exclusively rely on, and agree not to exclusively rely on, the Services to store or preserve any such information, data, or content. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any other Service, including any content, feature, or product, in whole or in part. Your continued access to or use of the Services after such changes will indicate your acceptance of such changes.
Site Information. We provide users of the Site with access to certain content, products, and services related to the Program, which may include: (a) course registration; (b) on-demand media; (c) audio and video courses; (d) testing software; (e) downloadable presentation materials; (f) downloadable publications; (g) certificates and/or badges; (h) course transcripts. For clarity, such content, products, and services are part of the “Services.”
The content provided through or in connection with the Services is designed to provide general information on the subject matter covered. While such content may concern legal or health issues, such content is neither legal advice nor clinical medical advice. ACS EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT PROVIDED ON OR IN CONNECTION WITH ANY OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL OR CLINICAL MEDICAL SERVICES.
Jurisdictional Issues. The Site and Services are controlled and operated by ACS from the United States and are not intended to subject ACS to the laws or jurisdiction of any state, country, or territory other than that of the United States. ACS neither represents nor warrants that the Services or any part thereof is appropriate or available for use in any jurisdiction other than the United States. In choosing to access any of the Services, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports.
Information Submitted Through the Services. Your submission of information through or in connection with any of the Services is governed by our privacy notice. You agree that all information that you provide to us is true, accurate and complete, and that you will maintain and update such information regularly.
Rules of Conduct. You must comply with all applicable laws, rules and regulations while accessing or using any of the Services. In addition, we expect users to respect the rights and dignity of others. To the extent the Services include the ability to upload or post information, your use of the Services is conditioned upon your compliance with the rules set forth in this section. You must not:
A. Post, transmit, or otherwise make available, through or in connection with the Services, (a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
B. Use the Services (a) to defame, abuse, harass, stalk, threaten, harvest, or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
C. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or other Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
D. Restrict or inhibit any other person from using any of the Services (including by hacking or defacing the Site).
E. Use the Services to advertise or offer to sell or buy any goods or services.
F. License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site, the Apps, or other Services, or any access to or use of the Site, the Apps, or other Services.
G. Modify, adapt, make derivative works of, translate, reverse engineer, decompile or disassemble the Site, Apps, or other Services.
H. Remove any copyright, trademark or other proprietary rights notice from the Services or any materials available on or through the Services.
I. Frame or mirror any part of the Site or other Services without our express prior written consent to do so.
J. Systematically download or store content from the Site or other Services.
K. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without our express prior written consent to do so. Notwithstanding the foregoing, ACS grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ACS reserves the right to revoke these exceptions either generally or in specific cases.
Additionally, you acknowledge and agree that you (and not ACS) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use any of the Services, and paying all charges related thereto. We may terminate your use of any or all the Services for any conduct that we consider to be inappropriate or for your breach of this Agreement, including the Rules of Conduct set forth above.
Registration; Usernames and Passwords. You may need to register to use all or part of the Services. You represent and warrant that all information submitted to ACS in connection with such registration is complete and accurate. We may reject, or require that you change, for any reason, any username, password, or other information that you provide to us in registering. Your username and password are for your personal use only and should be kept confidential; you (and not ACS) are responsible for any use or misuse of your username or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
We and our service providers may make available through the Site certain services (for example, the ability to post any certificate/badges you achieve on social media sites.
We may and expressly reserve the right (but have no obligation) to monitor, review, store, evaluate, alter or remove any information (including any content or other materials sent to you, or received by you, in connection with the Services, or their features and functionalities), at any time before or after it appears on or in connection with any of the Services, and to monitor, review or analyze your access to or use of the Services, in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in our Privacy Policy.
ACS’s Proprietary Rights. We and/or our licensors and suppliers own the Site and the Services, and any information and materials made available on or through the Services. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws, as applicable. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Services or any information or materials made available on or through the Services.
Trade names, trademarks, and service marks on or included within the Services are owned by ACS, ACS’s licensors, or other respective owners. Such trade names, trademarks, and service marks, whether registered or unregistered, may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such trade names, trademarks, or service marks without the express prior written consent of the owner.
Purchases; Returns; Upkeep Service. We may make available products and services for purchase through the Services, and we may use third-party suppliers and service providers to enable e-commerce functionality on the Services. If you wish to purchase any product or service made available by us through the Services or through our telephone, mail-order, telemarketing efforts, customer service representatives, account representatives or other sales channels (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant ACS the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
ACS reserves the right, with or without prior notice, to limit the available quantity of or discontinue any product or service; to not honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service.
ACS reserves the right to change its pricing for all of its content, products, and services offered via the Services, at any time in its sole and absolute discretion without notice.
Refunds and exchanges will be subject to ACS’s refund and exchange policies in effect, which are posted on this site.
You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred, including all shipping and handling charges, to the extent applicable. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
You agree that if you purchase any content, products, or services from us in a Transaction, you will not share or resell such products or services unless we have provided our express prior written consent to do so.
Accuracy of Information; Products, Content and Specifications. We attempt to ensure that information provided by ACS on or in connection with the Services is complete, accurate, and current. Despite our efforts, such information may occasionally be inaccurate, incomplete, or out of date. Accordingly, we make no representation as to the completeness, accuracy, or currency of such information, including all descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Services do not imply our endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Services at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from or in connection with the Services. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Third Party Content; Links. The Services may incorporate certain functionality that allows the routing and transmission of, and online access to, certain digital communications and content made available by third parties, including social media providers (such communications and content, “Third Party Content”). By using such functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality. The Services may provide or incorporate links to other web sites and online resources that include Third Party Content. Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third-Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third-Party Content (in whole or part) via the Services at any time. Your access to or receipt of Third-Party Content via the Services does not imply our endorsement of, or our affiliation with any provider of, such Third-Party Content. Further, your use of Third-Party Content may be governed by additional terms and conditions that are not set forth in this Agreement or our Privacy Policy (for example, terms and conditions that are made available by the providers of such Third-Party Content). This Agreement does not create any legal relationship between you and the providers of such Third-Party Content with respect to such Third-Party Content, and nothing in this Agreement shall be deemed to be a representation or warranty by any of the ACS Entities with respect to any Third-Party Content. YOU AGREE THAT YOUR USE OF THIRD-PARTY CONTENT IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH THIRD-PARTY CONTENT.
ACS shall have the right, at any time, to block links to the Services through technological or other means without prior notice.
DISCLAIMER OF WARRANTIES. THE SERVICES (INCLUDING THE SITE) AND ANY GOODS MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE ON OR THROUGH THE SERVICES. ACS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING THIRD PARTY CONTENT, PRODUCTS, AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
LIMITATION OF LIABILITY. ACS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF ANY OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, ACS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, OR FROM ANY CONTENT POSTED ON OR IN CONNECTION WITH THE SERVICES BY ACS OR ANY THIRD PARTY OR RESULTING FROM ANY RECORDINGS MADE BY ACS OR ITS REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF ACS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO ACS TO ACCESS AND USE THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE FIRST INCIDENT RESULTING IN SUCH DAMAGE, LOSS OR CAUSE OF ACTION AND (II) TWENTY DOLLARS ($20.00).
While we try to maintain the integrity and security of the Services and the servers from which the Services are operated, we do not guarantee that the Services will be or remain secure, complete, or correct, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Services. If you become aware of any unauthorized third-party alteration to the Services, contact us at with a description of the material(s) at issue and the URL or location on the Services where such material(s) appear.
Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless ACS from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing.
Termination. This Agreement is effective until terminated. ACS may terminate your access to or use of the Services, at any time and for any reason, including if ACS believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that ACS may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that ACS shall not be liable to you or any third party for any termination of your access to the Services or to any such information or files and shall not be required to make such information or files available to you after any such termination.
Governing Law and Arbitration. The Services are controlled by ACS, which is headquartered in the State of Georgia, United States of America. The Services can be accessed from all 50 states, as well as from other countries around the world. As each of these places may have laws that differ from those of Georgia, by accessing this website both you and ACS agree that the statutes and laws of the State of Georgia, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to the use of this website. You and ACS also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County, Georgia, and the United States District Court for the Northern District of Georgia with respect to such matters. ACS makes no representation that materials on the website are appropriate or available for use in other locations and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws.
Copyright Infringement Claims. Content available through the Services may include material provided by or received from third parties. ACS does not permit the use of content on its websites that infringes on the trademark or copyrights of others and will remove any such content if properly notified of such violation in accordance with the procedure set forth below.
To notify ACS of alleged copyright or trademark infringement, send a written communication to the designated agent for such claims at the following address:
Attn: Legal Department
American Cancer Society, Inc.
270 Peachtree Street, Suite 1300
Atlanta, Georgia 30303
(404) 327-6423
In your notice, please provide ALL the following information (as required by 17 U.S.C. §512 (c)(3)):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving the above information, ACS will promptly investigate and take appropriate action, then notify you of the action undertaken at the contact address provided.
Information or Complaints. If you have a question or complaint regarding the Site, any App, or any other Services, please contact us by writing to: Legal Department, 270 Peachtree Street, Suite 1300, Atlanta, Georgia 30303, or by e-mailing us at acslion@cancer.org, or by calling us at 1-800-227-2345. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include payment information (such as credit card information) or other sensitive information in your e-mail correspondence with us. California residents may reach the Consumer Information Center of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 800.952.5210.
Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ACS. If any provision of this Agreement is found unlawful, void, or unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The use of “including” and “e.g.,” herein is not exhaustive (that is, they are interpreted to include “without limitation”), unless qualified by words such as “only” or “solely.” This, together with all policies referred to herein, is the entire Agreement between you and ACS relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and ACS relating to such subject matter. Notices to you may be made via posting to the Site or through the App(s), by e-mail, or by regular mail, in ACS’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ACS will not be responsible for failures to fulfill any obligations due to causes beyond its control.
