DISCLAIMER AND TERMS OF USE AGREEMENT

 THIS IS IMPORTANT — PLEASE READ THIS DISCLAIMER AND TERMS OF USE AGREEMENT CAREFULLY PRIOR TO YOUR USE OF THIS WEBSITE

(Info, Inc.)

 

THIS DISCLAIMER AND TERMS OF USE, SOMETIMES KNOWN AS A USER AGREEMENT, COVERS ALL “APPLS” (APPLICATIONS) DOWNLOADED VIA THE INTERNET ON THIS OR ANY RELATED WEBSITE.

THIS WEBSITE REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.

READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.

ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.

 BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.

 ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY PROTECTION ACT (COPPA) OF 1998.

 THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.

By clicking on the checkbox next to the paragraph that includes the words “I have read and agreed to the Privacy Policy and the Disclaimer and Terms Of Use and Purchase Agreementsor otherwise utilizing the site, you (“user” or “you”) hereby agree to be legally bound by this agreement which incorporates by reference the privacy policy, the purchase agreement, and the disclosure policy posted on the site, as these documents are amended from time to time.  If this agreement is not acceptable and you are unwilling to be bound by it, please do not click on the above referenced checkbox or otherwise use the site or enter any information about yourself or transact any business through this site.

 PARTIES TO THE TERMS OF USE AGREEMENT

 Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of U.S.$100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

THE MATERIALS

The “Materials” shall constitute any and all website content, blog posts, products, electronic downloads, audios, videos, articles, and/or anything and everything else available for your consumption through this site. For sake of convenience, the Materials shall also refer to services advertised on (or otherwise made available) through this website.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents and Materials are owned or licensed by GMC Marketing, Inc. (referred to as “we” or “us.”) Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website. It is unlawful to use the domain name associated with this website as “invisible” or visible keywords on your website without the express permission of the domain name owner. By viewing and then unlawfully using a name, product, brand, whether or not copyrighted or trademarked, whether visible or invisible to the casual visitor, you agree to pay damages of no less than USD$100,000.00 plus all court costs and attorney fees if you are found to have violated this provision.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE WHETHER BY VISIBLE LINKING OR INVISIBLE KEYWORD PLACEMENT ON YOUR SITE IS PROHIBITED

 Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason.  This prohibition shall cover use of identify marks, brands, domain names belonging to this site in an invisible manner such as embedded keywords and meta tags. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site.  You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages.  By viewing this site and then unlawfully using a name, product, brand, whether or not copyrighted or trademarked, whether visible or invisible to the casual visitor, you agree to pay monetary damages (liquidated damages) of no less than USD $100,000.00 plus all court costs and attorney fees if you are found to have violated this provision.   As a general rule, this website is pleased when another site chooses to acknowledge it or reference it and this provision is not meant to cover “friendly” reference instances. However, sites and the persons behind those sites that attempt to demean this site or profit from it without compensation are liable for damages and this prohibition clause will be strictly enforced. If you have doubts, request express permission before using this site’s name or referencing it. Further, any attempt to use the site’s name or the contents thereon that could cause financial or reputational damage to the site is strictly prohibited, whether the use is obvious or invisible using various coding embedding techniques.

LINKS TO THIRD PARTY WEBSITES

We may provide links to web pages which are not part of our web family. These sites are not under our control and we are not responsible for the information or links you may find there. We are providing these links only as a convenience. The presence of these links on any of our websites is not intended to imply our endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this agreement does not apply to your use of unaffiliated sites to which this site only provides links. We do however use affiliate tracking links whenever they are available in order that we might be compensated for our time and effort in identifying related sites. As such you should not rely entirely on our endorsement when making purchase decisions on third party websites, In the event it is explicitly made, as we may have a financial relationship with these sites.

 

DISCLAIMER FOR CONTENTS/MATERIALS OF SITE

 The website disclaims any responsibility for the accuracy of the Materials and/or content of this website. Visitors assume all the risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

 

MEDICAL DISCLAIMER

THIS WEBSITE DOES NOT GIVE MEDICAL ADVICE

 This website contains information, Materials and an account of one (non-medical) person’s experience with radical prostatectomy; however, no warranty whatsoever is made that any of the information is accurate. There is absolutely no assurance that any statement or information or content or Materials contained or cited on this website touching on medical matters is true, correct, precise, or up-to-date. The Materials and/or content of this website were primarily written by an accountant, not a medical doctor. Even if a statement made about medicine is accurate, it may not apply to you or your symptoms.

Prostate cancer is unique and different in every individual. The information or Materials or content on this website cannot substitute for the advice of a medical professional (for instance, a qualified doctor/physician). The author cannot take any responsibility for the results or consequences of any direct or indirect attempt to use or adopt any of the information or Materials presented on this website.

Nothing on this website should be construed as an attempt to offer or render a medical opinion or otherwise engage in the practice of medicine. All surgery presents risk.

Before you decide on surgery, discuss all treatment options with your doctor, including the option of active surveillance. Understanding the risks of each treatment can help you make the best decision for your individual case.

This Website’s content and/or Materials were primarily authored by an accountant, NOT a medical doctor, and do not provide or contain medical advice, diagnosis or treatment.  MyProstateSurgery.org does not recommend or endorse any of the services, service providers, tests, products, procedures, opinions or other information that may be mentioned on this Website, nor any of the supplements, eBooks and/or other products that may be sold through the Website.  The Materials of this Website, including text, graphics, images, any and all products, electronic downloads, audios, videos, articles, blog posts, and/or anything and everything else available for your consumption though this site, regardless of the originating source, are for informational purposes only.  This Website (including its Materials and content) is not intended to be a substitute for professional medical advice, diagnosis or treatment.  Always seek the advice of your physician, other qualified health provider or expert with any questions you may have regarding a medical condition, health care options and health-related services. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website. Your reliance on any Materials or content contained on this Website or otherwise provided by or on behalf of MyProstateSurgery.org is solely at your own risk.

We expressly disclaim any and all warranties (express or implied) including but not limited to, the warranties of merchantability, or fitness for any particular purpose in connection with the Materials and/or content of this website or the services advertised hereon or your use of same. We do not warrant that this website, its servers, or e-mail sent from the site are free of viruses or other harmful components.

We shall in no event be held liable to you or any other party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this Material, this content, or website or the services advertised on this website, all of which are provided “as is,” and without warranties.

Our liability, and the liability of our affiliates, or any of our officers, directors, employees, agents, contractors or suppliers, to you or any third parties in any circumstance is limited to the purchase price paid by you for the content or Materials or for use of this website or any services advertised thereon.

We do not warrant the performance, effectiveness or applicability of any sites listed or linked to on this website or Materials.

All links are for informational purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

 The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

 Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY – INCLUDING “APPS” OR APPLICATIONS DOWNLOADED VIA THIS WEBSITE OR A RELATED SITE VIA THE INTERNET OR ANY OTHER DOWNLOAD METHOD.

By viewing, using, or interacting in any manner with this site, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow this lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

You agree to indemnify, defend and hold us, our subsidiaries and affiliates and each of our officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys’ fees, due to or arising out of the following events: (i) your giving us any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this site; and (vi) your use of this website or the products or services of us or any third party, except for claims resulting solely from our negligence or willful misconduct.

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

RELEASE AND COVENANT NOT TO SUE

You hereby release, agree and covenant not to sue us, our subsidiaries and affiliates, and our officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the content or the Materials or your use of this website, or the services advertised herein, other than willful misconduct or our failure to honor an express commitment posted on the website (i.e., if we fail to deliver Materials to you which you paid for). If you are a California resident, you hereby waive California civil code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 SUBMISSIONS

 Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

 No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

 As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

TAXES

You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.

COPYRIGHT

The Materials are © copyrighted by Info, Inc. No part of the Materials may be copied, or changed in any format, sold, or used in any way other than what is outlined within the Materials under any circumstances.

 JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. Chicago, Cook County, Illinois. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Seller’s address.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the Seller.

 CONTACT INFORMATION

 

Click here to email me.

 Info, Inc.

P.O. Box 6206

Buffalo Grove, IL 60089

 

COPYRIGHT AND LICENSE

This “Terms of Use” © 2003 – 2012 Rione X IP Group LLC, and is fully licensed for use by this website. This form was last updated on April 2, 2012. If you wish to lawfully use this Terms of Use on your website, visit our website at http://www.internetlawcompliance.com

This Disclaimer and Terms of Use Agreement © 2014 GMC Marketing, inc.

InternetLawCompliance.com, or any related site, that sells the same product and/or User Agreement (also known as Terms of Use or Terms of Service), and Rione X IP Group LLC (the owner of the copyright) herewith disclaims any and all responsibility for how any licensee uses or abuses this User Agreement and the attendant activities purported to be covered by this User Agreement. Licensee (commonly known as an InternetLawCompliance.com user/buyer/customer/member), by using this User Agreement, herewith holds harmless and indemnifies the copyright holder from damages of any nature caused by tortious (wrongful) conduct of the licensee. Further, any viewer who purports to be covered by this User Agreement, also holds harmless and indemnifies InternetLawCompliance.com (or any related site that sells the same product) and/or the copyright holder, Rione X IP Group LLC, from damages caused by any negligent conduct of the licensee/seller/user.   Accepting this hold harmless and indemnification of InternetLawCompliance.com or related sites as well as the copyright holder, Rione X IP Group LLC, is required consideration for the viewing of the site covered by the User Agreement. Viewer acknowledges that licensee may make its own changes to this User Agreement and such changes are not the responsibility of InternetLawCompliance.com or the copyright owner: Rione X IP Group LLC.