“FORPATRICIA” was started by “Kelly Barkhurst” as homage to her mother, Patricia Ann Barnes, who at age 46, was diagnosed with stage III breast cancer. Patricia battled the disease for almost nine years, from October 1995 to July 2004, during which she developed “awe-inspiring” coping skills and, by her example, taught those around her to live each day to the fullest. Joy Journey entries selected from Patricia’s first journal, begun in September 1997, are on the site and viewable by all members.
We encourage your feedback and invite you to share Joy, Community, and Knowledge on ForPatricia.com.
This Site was launched in October 2011.
If you wish to become an advertiser or sponsor on “FORPATRICIA” please see our Sponsorship page.
Terms and Conditions
Please read these terms carefully before using this Site. Last modified February 16th, 2012.
This Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest to the community concerned about breast cancer. "FORPATRICIA" and its content licensors and providers are not giving medical or other professional advice. "FORPATRICIA" and its content licensors and providers do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations. You should always seek the assistance of a medical or other healthcare professional for medical and other health matters.
This Site is provided by "FORPATRICIA" and may be used for informational purposes only. By using the Site or downloading Materials from the Site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the Site or download Materials from the Site.
I. Limited License
1. Subject to the terms and conditions set forth in this Agreement, “FORPATRICIA” grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the Materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. “FORPATRICIA” authorizes you to view and download the information ("Materials") at this web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, “FORPATRICIA” does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
1. The Materials may contain inaccuracies and typographical errors. “FORPATRICIA” does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information will be at your sole risk. “FORPATRICIA” reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. “FORPATRICIA” may make any other changes to the Site, the Materials and the products, programs, services or prices, if any, described in the Site at any time without notice. This Site, the information and Materials on the Site, and the software made available on the Site, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.
III. Third Party Sites1. As a convenience to you, “FORPATRICIA” may provide, on this Site, links to web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. “FORPATRICIA” makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that “FORPATRICIA” or this Site sponsors, endorses, publishes, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site that is authorized to use any trademark, trade name, logo or copyright symbol of “FORPATRICIA” or any of its affiliates or subsidiaries.
IV. External Links to the Site
1. “FORPATRICIA” consents to links to the Site in which: (i) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (ii) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by “FORPATRICIA” nor be such as to damage or dilute the goodwill associated with the name and trademarks of “FORPATRICIA” or its Affiliates. “FORPATRICIA” reserves the right to revoke this consent to link at any time in its sole discretion.
V. Information Provided By You
VI. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FORPATRICIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FORPATRICIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
In no event will “FORPATRICIA” or any of its subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, Materials, and functions of the Site or any linked website, even if “FORPATRICIA” is expressly advised of the possibility of such damages.
1. “FORPATRICIA” reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. “FORPATRICIA” may terminate, change, suspend or discontinue any aspect of the “FORPATRICIA” Site, including the availability of any features of the Site, at any time. “FORPATRICIA” may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. “FORPATRICIA” may terminate the authorization, rights and license given above and, upon such termination; you will immediately destroy all Materials.
VIII. International Users and Choice of Law
1. This Site is controlled, operated and administered by “FORPATRICIA” from its offices within the United States of America. “FORPATRICIA” makes no representation that Materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. The laws of the State of West Virginia will govern these Terms and Conditions of use, without giving effect to its conflict of laws provisions.
2. This Agreement constitutes the entire agreement between “FORPATRICIA” and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement will continue in full force and effect.
IX. User-Generated Content
1. The opinions expressed in “FORPATRICIA” User-generated content areas like joy journeys, photo galleries, group profiles, library links, events, etc are solely those of the User, who may or may not have medical or scientific training. These opinions do not represent the opinions of “FORPATRICIA”. User-generated content areas are not reviewed by a physician or any member of “FORPATRICIA” for accuracy, balance, objectivity, or any other purpose except for compliance with our Terms and Conditions. Some of these opinions may contain information about uses of drug products that have not been approved by the U.S. Food and Drug Administration. “FORPATRICIA” does not endorse any specific product, service, or treatment. Do not consider “FORPATRICIA” User-generated content as medical advice. Never delay or disregard seeking professional medical advice from your doctor or other qualified healthcare provider because of something you have read on “FORPATRICIA”. You should always speak with your doctor before you start, stop, or change any prescribed part of your care plan or treatment. “FORPATRICIA” understands that reading individual, real-life experiences can be a helpful resource but it is never a substitute for professional medical advice, diagnosis, or treatment from a qualified health care provider.
2. “FORPATRICIA” and its affiliates, partners, agents and licensors cannot and do not warrant the accuracy, completeness, timeliness, noninfringement, title, merchantability or fitness for a particular purpose of the content available through the Site, or of the Site itself, and “FORPATRICIA” hereby disclaims any such express or implied warranties. Neither “FORPATRICIA” nor any of its affiliates, partners, agents or licensors will be liable to you or anyone else for any loss or injury from use of the Site and/or any content at the Site. In no event will “FORPATRICIA” or its affiliates, partners, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the Site. “FORPATRICIA” and its affiliates, partners, agents and licensors will not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect, or similar damages), even if advised of such damages. Because some states or jurisdictions do not allow for the exclusion or limitation of certain types of warranties, parts or all of the above limitation may not apply to you.
3. Online Communications. Certain areas of the Site may enable you to access online messaging, comments on research links, and the posting and resharing of joy journeys online message boards, forums and conference rooms, where you can participate in online communications. Such communications occur in real time and are not edited, censored, or otherwise controlled by “FORPATRICIA”. “FORPATRICIA” cannot and does not screen content provided by you or other users. “FORPATRICIA” does not endorse, and specifically disclaims any responsibility or liability for any content posted on the Site, whether the topic is first selected by “FORPATRICIA” or a user. The Site is a free service provided to users of “FORPATRICIA”. By communicating and using the Site, you agree to be bound by the following terms and conditions.
5. By posting a message, uploading a file, or engaging in any other form of communication through the Site, you are granting “FORPATRICIA” a perpetual, exclusive, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.
X. Rules of Conduct
1. You must abide by the following rules when accessing or using “FORPATRICIA”, including the discussion boards:
- You agree not to use this Site for any unlawful purpose.
- You agree not to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You agree not to post messages that contain material that is inappropriate, unlawful, threatening, abusive, hateful, profane, defamatory, infringing, obscene, pornographic, or indecent.
- You agree not to violate the property rights of others, and you agree not to post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- You agree not to upload files, or cause users to upload files, that contain viruses, worms, "Trojan horses", corrupted files, or any similar software or programs that may adversely affect the operation of another's computer.
- You agree not to advertise or promote any goods or services in the discussion boards. "Junk mail", "spamming", "chain letters, "pyramid schemes" and similar activities are strictly prohibited.
- You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- You agree not to violate any applicable local, state, national or international law in connection with the use of the Site.
Our goal is to provide a service that allows you to discover and receive content from sources that interest you as well as to share your content with others. We respect the ownership of the content that users share and each user is responsible for the content he or she provides. Because of these principles, we do not actively monitor user’s content and will not censor user content, except in limited circumstances described below. In order to provide the ForPatricia service and the ability to communicate and stay connected with others, there are some limitations on the type of content that can be published with ForPatricia. These limitations comply with legal requirements and make ForPatricia a better experience for all. We may need to change these rules from time to time and reserve the right to do so. Please check back here to see the latest.
- Impersonation: You may not impersonate others through the ForPatricia service in a manner that does or is intended to mislead, confuse, or deceive others
- Trademark: We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those user names. Accounts using business names and/or logos to mislead others will be permanently suspended.
- Privacy: You may not publish or post other people's private and confidential information, such as credit card numbers, street address or Social Security/National Identity numbers, last names, or any other information that would permit others to ascertain the actual identity of that person without their express authorization and permission.
- Violence and Threats: You may not publish or post direct or indirect, specific threats of violence against others, or any other Content that would be illegal in the jurisdiction in which you are located, or in West Virginia, or in the United States.
- Copyright: We will respond to clear and complete notices of alleged copyright infringement. Our copyright procedures are set forth in the Terms of Service.
- Unlawful Use: You may not use our service for any unlawful purposes or for promotion of illegal activities. International users agree to comply with all local laws regarding online conduct and acceptable content.
- Libel and/or Slander: You may not publish or post direct or indirect, specific or unspecific libelous and/or slanderous Content against others, or any other Content that would be illegal in the jurisdiction in which you are located, or in West Virginia, or in the United States.
Spam and Abuse
ForPatricia strives to protect its users from spam and abuse. Technical abuse and user abuse is not tolerated on ForPatricia.com, and will result in permanent suspension. Any accounts engaging in the activities specified below are subject to permanent suspension.
- Serial Accounts: You may not create serial accounts for disruptive or abusive purposes, or with overlapping use cases. Mass account creation may result in suspension of all related accounts. Please note that any violation of the ForPatricia Rules is cause for permanent suspension of all accounts.
- Username Squatting: You may not engage in username squatting. Accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be username squatting are:
- the number of accounts created
- creating accounts for the purpose of preventing others from using those account usernames
- creating accounts for the purpose of selling those accounts
- using feeds of third-party content to update and maintain accounts under the names of those third parties
- Selling user names: Unless you have been specifically permitted to do so in a separate agreement with ForPatricia, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose, where "services" is defined as follows: Your use of names products, services and web sites (referred to collectively as the “services” in this document and excluding any services provided to you by ForPatricia under a separate written agreement) is subject to the terms of a legal agreement between you and ForPatricia.
- Malware/Phishing: You may not publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
- Spam: You may not use the ForPatricia service for the purpose of spamming anyone. What constitutes “spamming” will evolve as we respond to new tricks and tactics by spammers. Some of the factors that we take into account when determining what conduct is considered to be spamming are:
- If you post excessive off-topic links;
- If you post misleading links;
- The number of spam complaints that have been filed against you;
- If you post duplicate content over multiple accounts or multiple duplicate updates on one account;
- If you post multiple unrelated updates to a trending or popular topic;
- If you repeatedly post other users' Content as your own;
- If you create false or misleading Points of Interest;
- Pornography: You may not use obscene or pornographic images in either your profile picture or user background, or in any video. Any uploaded videos must not contain any violent or pornographic material and further any video uploaded from YouTube must comply with all the rules, terms and conditions of YouTube.
XI. Deleted Account
1. “FORPATRICIA” has the right to delete any account for any reason. This is not the place to promote a product, spam the website, etc. This is not the place to harass other members.
XII. Copyright Policy & DMCA Notice
ForPatricia respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (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 us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ForPatricia will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the services is:
Attn: Copyright Agent
201 High Street, Suite 2B
Morgantown, West Virginia 26505
1. If you believe that your work has been copied in a way that constitutes copyright infringement, forward the following information to the “FORPATRICIA” Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
2. This software is provided by the copyright holders and contributors "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event will the copyright owner or contributors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
1. You are responsible for safeguarding the password that you use to access the services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. ForPatricia cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
XV. Waiver and Severability
The failure of ForPatricia to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Effective February 16th, 2012
“FORPATRICIA” is committed to protecting any personal information that you may provide to us. In particular, we believe it is important for you to know how we treat information about you that we may receive from this web site ("Site") only for your personal, non-commercial use.
In general, you can visit this Site without telling us who you are or revealing any information about yourself. There are portions of this Site where we require collection of personal information from you for a specific purpose, such as to provide you with a login and account. The information collected from you may include your name, address, telephone, fax number, or e-mail address. In addition, you may have the option to provide information about your cancer diagnosis, your family, your gender and your profession. This Site is not intended for persons under 13 years of age. We do not knowingly solicit or collect personal information from or about children, and we do not knowingly market our products or services to children.
Use of Collected Information
Domain name information that we collect is not used to personally identify you and instead is aggregated to measure the number of visits, average time spent on the Site, pages viewed, etc. We use this information to measure the use of our Site and to improve the content of our Site. When other information is collected from you, such as your name and e-mail address, we generally let you know at the time of collection how we will use the personal information. Usually, we use the personal information you provide only to respond to your inquiry or to process your request. This information may be shared with other “FORPATRICIA” businesses, but only if necessary to fulfill your request or for related purposes. We may share the personal information you provide with other companies we have hired to provide services for us. These companies - our vendors - are contractually bound to use personal information we share with them only to perform the services we have hired them to provide. We do not share, sell, or lease personal information about you to any third parties for their marketing use. We will release information about you if you direct us to do so, if we are required by law to do so, or in other legally limited circumstances (for example, to protect your account from fraud).
Links to Other Sites
“FORPATRICIA”'s Site may contain links to other sites such as “FORPATRICIA” sponsors, distributors and sales affiliates. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites.
Security of Collected Information
We maintain strict physical, electronic, and administrative safeguards to protect your personal information from unauthorized or inappropriate access. We restrict access to information about you to those “FORPATRICIA” workers who need to know the information to respond to your inquiry or request. Workers who misuse personal information are subject to disciplinary action.
Access to Collected Information
You may review and update the information that you provide to us through this Site by contacting us as described below.