The Terms and Conditions contained in this Agreement are subject to change at anytime at the discretion of ALMEN LABS (the "Company"). Your use of the COMPANY's BREASTSCORE.COM site (the "Site") signifies your agreement to these terms and conditions, including any changes thereto that the COMPANY may post from time to time.
1. Information Only; Intent of Use: Not For Medical Advice or Medical Interpretation.
1.1 THE CONTENT ON THE SITE AND/OR PROCESSING TOOL, SOFTWARE APPLICATION(S), PROCEDURES AND METHODS ARE FOR INFORMATIONAL AND/OR QUANTIFICATION PURPOSES ONLY. THE CONTENT IS PRESENTED IN SUMMARY, NUMERIC OR REPORTING FORMS, IS GENERAL IN NATURE, AND
UNDER NO CIRCUMSTANCES SHOULD IT BE RELIED UPON AS A SUBSTITUTE FOR THE MEDICAL CARE, ADVICE, INTERPRETATION, DIAGNOSTIC READING AND/OR CONSULTATION OF A QUALIFIED HEALTHCARE PROFESSIONAL. UNTIL APPROVED BY FDA USE FOR INVESTIGATIONAL PURPOSES ONLY.
AS A RESULT OF THE DYNAMIC NATURE OF THE HEALTHCARE, MEDICAL RESEARCH AND PHARMACEUTICAL FIELDS, INFORMATION CONTAINED HEREIN MAY BECOME OUTDATED AND SUBJECT TO DISAGREEMENT WITHIN THE HEALTHCARE, GENERAL MEDICAL OR PHARMACEUTICAL INDUSTRIES. ALWAYS CONSULT THE ADVICE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
THE CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND. ANY LINKS TO OTHER WEB SITES CONTAINED IN THE SITE ARE PROVIDED AS A CONVENIENCE AND REFERENCE TOOL ONLY. The COMPANY HAS NO CONTROL OVER THIRD-PARTY WEB SITES AND IN NO WAY ENDORSES ANY SUCH WEB SITE, ITS OWNER(S) OR THE CONTENTS OF THE SITE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE COMPANY OR THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!
1.2 Appearance or application of or reference to any particular product or specific test or procedures on the Site does not indicate any diagnostic advice, endorsement or recommendation by the COMPANY. Any opinions expressed on the Site are the opinions of the authors. The COMPANY does not assume any liability for the contents of any material provided on the Site or any other web sites to which the Site may be linked. Reliance on any information provided by the COMPANY, its contributors, or other visitors to the Site is solely at your own risk. The COMPANY assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. The COMPANY reserves the right to change or discontinue at any time any aspect or feature of this Site.
2. Protection of Information Privacy.
2.1.1 the COMPANY does not collect personally identifiable information about members or other the COMPANY users ("Users") except when such individuals specifically provide such information on a voluntary basis. Access or other use of the COMPANY site or services by the User constitutes information voluntarily given by the User.
2.1.2 the COMPANY Corporation is to become a licensee of the TRUSTe Privacy Program. This statement discloses the privacy practices for the COMPANY web site. When you visit a web site displaying the TRUSTe trustmark, you can expect to be notified of: What personally identifiable information of yours is collected; What organization is collecting the information; How the information is used; With whom the information may be shared; What choices are available to you regarding collection, use and distribution of the information; What kind of security procedures are in place to protect the loss, misuse or alteration of information under the COMPANY's control; and How you can correct any inaccuracies in the information.
2.1.3 the COMPANY subscribes to the principles of the Health on the Net Foundation Code of Conduct for medical and health web sites. For information on the HONcode of Conduct and the Health on the Net Foundation, click here.
2.2 Use of Registration Information.
2.2.1 the COMPANY will not disclose personally identifiable information of individual Users to unaffiliated third parties without the User's prior consent. The COMPANY stores the Internet Protocol (IP) address of your computer when you visit our site. This information is used for internal informational purposes only. However, the COMPANY may use registration information and other voluntarily submitted information in the following ways:
(i) To provide our developers and advisors with information that is useful in developing new features and services for the COMPANY Users
(ii) To provide advertisers with aggregate - never individual - information about our products; and
(iii) To allow us to potentially vary advertising based on User application information.
2.2.3 the COMPANY sends regular E-mail updates to members. If you initially subscribed to our E-mail list and now wish to have your E-mail address deleted from our database, E-mail us at the COMPANY and include the EXACT words "UNSUBSCRIBE" in the body of your E-mail. Please allow two to three business days for the actual cancelation to take effect. We will not share your E-mail address with third parties without first receiving your permission. We will not add your E-mail to any mailing lists without your expressed request.
2.3 Users should be aware that when they voluntarily disclose personally identifiable information (for example, user name, E-mail address) on the on Bulletin Boards, Chat Rooms, and other Interactive Areas (collectively referred to as "Interactive Areas") of the COMPANY, that information, along with any substantive information disclosed in the User's communication, can be collected and correlated and used by unauthorized third parties and may result in unsolicited messages from third parties. Such activities are beyond the control of the COMPANY. The COMPANY makes no warranties about the discoverability of members' identity by methods beyond our control.
2.5 the COMPANY sometime uses Secure Socket Layer ("SSL") encryption technology to ensure the integrity and privacy of the information you pass to us via the Internet; however, to take advantage of this, you must use utilize a browser that maintains 128-bit encryption support.
3. Personal Use; Restrictions; Copyright.
3.1 Upon acceptance of these Terms and Conditions, the COMPANY authorizes you to view or download a single copy of the information material on this web site solely for your personal, noncommercial use. Special rules will apply to the use of certain software and other items provided on the COMPANY site. Any such special rules are listed as "Legal Notices" on the COMPANY site and are incorporated into these Terms and Conditions by reference.
3.2 The contents of the COMPANY site, such as text, graphics, images and other material including software licensed by the COMPANY to permit Users to access the COMPANY site ("Content"), are protected by copyright under both United States and foreign laws, and title to the Content shall not pass to you or any other User. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of the COMPANY.
3.3 For information obtained from the COMPANY's licensors, you are solely responsible for compliance with any copyright, trademark, and other proprietary rights and restrictions, and are referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use the Content in any way for any public or commercial purpose. The use of the Content on any other web site or in a networked computer environment for any purpose is prohibited.
3.4 Content is subject to change without notice at the editorial discretion of the COMPANY. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
4.1 The Content comes from sources believed to be accurate, but may contain inaccuracies or typographical errors. The COMPANY makes no representations about the results to be obtained from using the COMPANY site or the Content. The use of the COMPANY site and the Content is at your own risk.
4.2 YOU ACKNOWLEDGE THAT IN CONNECTION WITH the COMPANY SITE AND/OR USED OR DEPLOYED PROCESSING PROCEDURES, INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET SERVICE PROVIDERS, AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND JURISDICTION OF the COMPANY AND ITS SUPPLIERS. ACCORDINGLY, the COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF the COMPANY SITE.
4.3 the COMPANY SITE, ITS CONTENT, AND/OR USED OR DEPLOYED PROCESSING PROCEDURES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF the COMPANY SITE OR the COMPANY. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY THAT THE CONTENT CONTAINED ON the COMPANY SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
4.4 IN NO EVENT SHALL the COMPANY, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT the COMPANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE the COMPANY SITE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT the COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Except as described herein, any communication that you post on the COMPANY site is considered to be non-confidential. You agree that you will not upload or transmit any communications that infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party. By submitting communications to any part of this Site, you automatically grant-or warrant that the owner of such Content has expressly granted the COMPANY a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
6. Use of Interactive Areas.
6.1 The COMPANY may provide access, processing and communications in Interactive Areas on the COMPANY site. If you use an Interactive Area, you are solely responsible for your own communications and the consequences of posting those communications. The COMPANY does not assume any responsibility for the consequences of any Interactive Area communications on or arising from use of the COMPANY site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
6.2 In consideration of being allowed to use the Interactive Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
Use of an Interactive Area for any purpose in violation of local, state, national, or international laws;
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another member or any other person or entity as determined by the COMPANY at its sole discretion;
Post advertisements or solicitations of business;
After receiving a warning, continue to disrupt the normal flow of dialogue, or post comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
Post chain letters or pyramid schemes;
Impersonate another person;
Operate and apply any processing functions or software applications related to healthcare and biomedical areas without valid practitioner's license;
Allow any other person or entity to use your identification to post or view comments;
Post the same note more than once (The online word for posting many times on one topic is "spamming." Spamming is strictly prohibited.);
or Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Interactive Areas, or which, in the judgment of the COMPANY, exposes the COMPANY or any of its customers or suppliers to any liability or detriment of any type.
6.3 The COMPANY reserves the right to record the dialog in public chat rooms if such exploited. The COMPANY does not screen communications in advance and is not responsible for screening or monitoring material posted by members or any other person or entity. If notified by a member of communication(s) which are alleged not to conform to the terms of this Section, the COMPANY may investigate the allegation and determine in its sole discretion to remove or request the removal of the communication(s). The COMPANY reserves the right to remove communications which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms and Conditions. In addition to the removal rights described above, the COMPANY reserves the right to terminate a member's access to any or all Interactive Area upon member's breach of these Terms and Conditions. The COMPANY reserves the right (but is not obligated) to edit or delete any communication(s) posted on the COMPANY site, regardless of whether such communication(s) violate these standards for content.
6.4 Furthermore, the COMPANY reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Interactive Areas for adherence to the Terms and Conditions, if required in the course of normal operation and maintenance of the COMPANY, or if required to do so by law or in the good-faith belief that such action is necessary to: (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of the COMPANY or others; or (iii) act in an emergency to protect the personal safety of our guests or the public. The COMPANY HAS NO LIABILITY OR RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY OR USER FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
6.5 The COMPANY does not represent or guarantee the truthfulness, accuracy, or reliability of any of the material posted by Interactive Area users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
6.6 Through your use of a the COMPANY site's Interactive Areas, you are agreeing to all of the aforementioned Terms and Conditions for the use of such Interactive Areas contained herein.
7. Third-Party Web Site Links.
7.1 The COMPANY site contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by the COMPANY of the content on such third-party web sites. The COMPANY is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk. Your use of third-party web sites is subject to the Terms and Conditions of use for such sites.
8. Advertising Policy.
The COMPANY site contains advertisements by third parties, and these advertisements may contain links to other web sites. Unless otherwise specifically stated, the COMPANY does not endorse any product or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the COMPANY site. Advertising may be a source of funding for the Site. Additionally, the Site (including the COMPANY) may receive remuneration from the providers of products and/or services contained or referenced on the site, or from other providers of goods or services to which the Site is linked. It is the policy of the COMPANY to use good faith efforts to identify advertising on its site; provided however, that the COMPANY does not warrant or guaranty the content of any advertisement contained on this site or compliance with this policy.
You agree to defend, indemnify and hold the COMPANY, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Content (including Software), or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. The COMPANY shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit, or proceeding.
10. Compliance with Export Laws.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Contents (including Software) to countries or persons prohibited under the export control laws. By downloading the Contents (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Contents (including Software).
The COMPANY is based in California, in the United States of America. The COMPANY makes no claims the Content is appropriate or may be downloaded outside the United States. Access to the Content (including Software) may not be legal by certain persons or in certain countries. If you access the COMPANY site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute with the COMPANY, or in any way relating to your membership or use of the COMPANY, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving the COMPANY or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
13. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED ON THE COMPANY SITE, THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO THE USE OF THE COMPANY SITE AND ANY SOFTWARE, PROCESSING PROTOCOL, USED DATA AND CONTENT CONTAINED THEREIN