This Company Internet Web Site Agreement (the "Agreement") is between you and UroToday®, Inc. (the "Company"), a California corporation that operates the web site. Use of the "www.UroToday.com" web site ("UroToday") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
UroToday is an informational resource for professionals (doctors and scientists) involved in the clinical field of urology and is intended for educational purposes only. The information provided on UroToday is NOT intended to, and cannot, serve as: (a) consumer-level professional treatment advice for patients; and/or (b) a substitute for the individual, personal, face-to-face professional medical advice of a licensed provider with (i) training and expertise in the subject matter to which the information pertains, and (ii) knowledge of a patient's specific medical history. The Company recommends that ALL medical treatments or products mentioned or referred to on UroToday be discussed by consumers thoroughly and frankly in person with a licensed and fully informed medical practitioner.
The Company may change, suspend or discontinue any aspect of UroToday at any time, including the availability of any feature, database, content and/or material provided on UroToday. The Company may also impose limits on certain features and services or restrict access to UroToday without notice or liability.
You hereby agree to indemnify, defend and hold harmless Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any such claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
UroToday may contain links and pointers to other Internet sites, resources, and/or to sponsors of UroToday. The links between UroToday and internet sites maintained by third parties do not constitute an endorsement by the Company of any third party entities, resources, products, and/or the contents of their sites.
UROTODAY, INCLUDING, CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH UROTODAY, IS PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THAT INFORMATION IS ENTIRELY AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THAT INFORMATION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS AND/OR VALIDITY OF ALL SUCH INFORMATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES, EMPLOYEES, SERVICE PROVIDERS, EDITORS, AND/OR CONTRIBUTING WRITERS, MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO: (A) UROTODAY; (B) ANY INFORMATION PRESENTED OR DISPLAYED ON UROTODAY; (C) ANY HYPERTEXT LINKS BETWEEN UROTODAY AND ANY THIRD PARTY INTERNET SITES; (D) ANY SERVICE OR TREATMENT PROVIDED THROUGH UROTODAY; (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION ON UROTODAY OR ANY INTERNET SITE LINKED TO UROTODAY; AND/OR (F) THE ACCURACY, QUALITY, COMPLETENESS, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, OF ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH UROTODAY. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OF UROTODAY, OR ANY MATERIALS OR CONTENT CONTAINED ON UROTODAY WILL BE UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS OF OR ON UROTODAY WILL BE CORRECTED, OR THAT UROTODAY, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR THE USE OF UROTODAY, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
NEITHER THE COMPANY, NOR ANY OF ITS AFFILIATES, EMPLOYEES, SERVICE PROVIDERS, EDITORS, AND/OR CONTRIBUTING WRITERS, SHALL BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES WHICH YOU MAY INCUR IN CONNECTION WITH YOUR USE OF UROTODAY AND/OR ANY INFORMATION PRESENTED ON UROTODAY, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON UROTODAY, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
The Company, its staff, contributing writers and editors, and UroToday retain and exercise full control over the planning and implementation of the content of UroToday. The commercial or non-profit companies and organizations whose logos appear on UroToday have no influence on the editorial content of UroToday. The appearance of logos on UroToday does not imply an endorsement of any company or organization or its products by the Company, and/or its subsidiaries and affiliates.
This Agreement shall be governed by and construed in accordance with the law of the State of California, exclusive of California's choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco, State of California, and waives any jurisdictional, venue, and/or inconvenient forum objections to such courts.
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, they shall be stricken from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
The Company 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. Notification of changes in the Agreement will be posted on UroToday.
UroToday.com 1741 Eighth Street, Berkeley, CA 94710.
Updated August 25, 2012.