THE PROSTATE NET
TERMS AND CONDITIONS OF USE
Updated July 23, 2008.
The Prostate Net, Inc. (referred to hereinafter as "we", "our" or "us") has provided an online information and communications service at http://www.theprostatenet.org and http://www.prostate-online.com (collectively the "Site") with the purpose of empowering consumers, patients, survivors and their families and caregivers through education and information to make the appropriate decisions relative to treating prostate diseases and insuring the desired quality of life. Use of the Site is governed by the terms and conditions of this Agreement. Please read this Agreement carefully before accessing or using the Site.
General Terms and Conditions
The terms "you" and "your" refer to the user or viewer of the Site. Your access and use of the Site and its services bind you to this Agreement. If you do not agree to the Terms and Conditions of Use for the Site, you may not use the Site or its services. The term the "Site" refers to the online information and communications service located at http://www.theprostatenet.org, which includes, but is not limited to, any and all information provided by us through the Cell Cast program and the "In the Know" newsletter.
We may modify this Agreement at any time. Any modifications made to this Agreement will be effective immediately upon posting on the Site. By accessing or using the Site, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Site at the time of your access or use. You agree to review the Agreement posted on the Site each time you use the Site so that you are aware of any modifications made to this Agreement.
THE SITE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH IT IS PROVIDED ON AN "AS IS" BASIS. THIS MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SITE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF YOU, THE USER.
The Site and its services are for consumer educational use only. Nothing contained in the Site is or should be considered, or used as a substitute for medical advice, diagnosis or treatment. The services provided on the Site are here to educate consumers on health care and medical issues that may affect their daily lives. The Site and its services do not constitute the practice of any medical, nursing or other professional health care provider. The Site and its services do not constitute medical advice, diagnosis or treatment.
Because of the designated purpose of the Site and the services it provides, you agree that www.theprostatenet.org does not constitute a service that targets any one community, user group, business or industry. Because the Site is designed for educational purposes, you also agree that it does not constitute "doing business" in any specific jurisdiction or soliciting business for us or any of our affiliated companies, subsidiaries or related companies or establishing "minimum contacts" with any jurisdiction outside of the State of New Jersey.
We advise you and other users to always seek the advice of a physician or other qualified health care provider with any questions regarding personal health or medical conditions. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified health care provider because of something you have read on the Site or any related site. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. If you are in the United States and are experiencing a medical emergency, please call 911 or call for emergency medical help on the nearest telephone.
We do not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise that is not clearly identified as information, products, services or merchandise supplied by us. We also do not warrant or guarantee that files available for downloading through the Site will be free of infections or computer viruses, worms, Trojan horses or other code that contains contaminating or destructive properties.
We, and our content providers, cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. You are responsible for maintaining a means external to www.theprostatenet.org for the reconstruction of any lost data.
We reserve the right to modify or discontinue the Site, or any part thereof, with or without notice, at any time.
Warranties and Limitation of Liability
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE ARE NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE
You will not upload or transmit any communications or content of any type that infringes or violates any rights of any party.
You will not use the Site for any purpose in violation of local, state, national or international laws.
You will not use the Site as a means to distribute advertising or other unsolicited material to any third party.
You will not post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion.
You will not impersonate another person or entity.
You will not hold us and any of our affiliates or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, liable for damages including (but not limited to) loss of wages, revenue or business because of any services related to or provided by the Site. The sole and exclusive remedy for dissatisfaction with the services of the Site will be to discontinue use of the Site.
You will indemnify us and any of our affiliates or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to use of the Site, or any breach or violation of this Agreement or any other term or condition contained on the Service.
You agree to comply with all user responsibilities and obligations as stated in these Terms and Conditions of Use.
All site users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to agree to these Terms and Conditions of Use and to use the Site in accordance with these Terms and Conditions of Use.
You agree that this Agreement is entered into between you and us in the State of New Jersey, United States of America, and is performed within the State of New Jersey and governed by and shall be construed in all respects under the laws of the State of New Jersey, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Site, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the New Jersey Superior Court-Hudson County, sitting in Jersey City, New Jersey, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of New Jersey, and whichever of those two courts has jurisdiction, you and we each waive any jurisdictional, venue or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between you and us relating to the access and use of the site and any of its services. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
Termination of Services
If you violate these Terms and Conditions of Use, your use of the Site will be terminated. We may notify you that you have breached the Agreement. We may, in our sole discretion, terminate your access to the Site, or any portion thereof, or discontinue providing the Site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy we may have available at law. Further, we shall not be liable to you or any third party for any such termination or discontinuance.
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. You agree that these Terms and Conditions of Use and all incorporated agreements between us and you may be automatically assigned by us, in our sole discretion, to a third party in the event of a merger, acquisition or liquidation.
Our failure to act with respect to a breach by you or others of these Terms and Conditions of Use does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions of Use set forth the entire understanding and agreement between us and any site user with respect to the Site, its uses and services.
Copyright and Trademarks
The marks "The Prostate Net," "CellCast," "theprostatenet.org," "In the Know," "BarberShop Initiative," "The Knowledge Net," and the Prostate Net logo are trademarks and service marks of The Prostate Net, Inc.
The materials on the Site are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Site for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
The information contained on the Site is not a substitute for medical advice or treatment, and we recommend consultation with your doctor or health care professional.
Our contact information can be accessed by clicking the "Contact Us" link at the bottom of any page, or by sending an email message directly to email@example.com. If your communication is through email, please indicate your reason for contacting us as well as your name and contact information.
You may also contact us via regular mail to:
The Prostate Net, Inc.
P. O. Box 2192
Secaucus, NJ, 07096-2192