Website Disclaimer, Terms of
Use and Privacy Policy
Please carefully read these Website Disclaimer, Terms of Use and Privacy Policy, which apply to your access and to the use of Breast Care Architects (“BCA”) web site. By accessing or using this web site, you agree to be bound by these Website Disclaimer, Terms of Use and Privacy Policy.
The BCA web site is intended to provide general information about the company, its services, treatment approaches and company. The web site also offers materials for educational and disease and treatment awareness purposes. BCA makes no representations or warranties and assumes no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on this web site. Further, BCA expressly disclaims any obligation to update or correct information contained on the web site and explicitly disclaims any duty to do so. BCA assumes no liability or responsibility for any errors or omissions in the content of the web site. BCA reserves the right to make additions, deletions or modifications to the information or materials on this web site at any time and in any way without notice.
Information Obtained Through the BCA Web Site Does Not Constitute Medical Advice
THE INFORMATION PRESENTED ON THIS WEB SITE AND ANY INFORMATION TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED TO CONSTITUTE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND SHOULD NOT BE RELIED UPON AS THE BASIS OF ANY HEALTH CARE DECISION. ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH CARE PROVIDER IN PERSON PRIOR TO STARTING ANY NEW TREATMENT OR WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THIS BCA WEB SITE DOES NOT DIRECTLY OR INDIRECTLY PRACTICE MEDICINE OR DISPENSE MEDICAL ADVICE. WITHOUT THE INFORMATION PROVIDED BY A PHYSICAL EXAMINATION THE PHYSICIAN CAN OFFER ONLY GENERAL INFORMATION AND SERVICES AND CANNOT MAKE A SPECIFIC DIAGNOSIS, PRESCRIBE SPECIFIC MEDICATIONS, OR RECOMMEND A SPECIFIC PLAN OF CARE FOR A PATIENT.
Indemnification
By accessing and/or using the web site, you agree to indemnify, defend and hold BCA, our subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, reasonable attorney’s fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of, or breach by you of these, Website Disclaimer, Terms of Use and Privacy Policy or from any other unauthorized use by you of this web site or its functions. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
Disclaimer of Warranties and Liability
THE CONTENT ON BCA’S WEB SITE IS PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE” AND BCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. BCA MAKES NO REPRESENTATION OR WARRANTY THAT ACCESS TO THE WEB SITE WILL BE AVAILABLE ON A CONTINUOUS BASIS, WILL BE UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE WEB SITE WILL BE TIMELY, COMPLETE OR ERROR FREE.
EACH PERSON ASSUMES FULL RESPONSIBILITY AND ALL RISKS ARISING FROM ACCESS AND USE OF BCA’S WEB SITE. IN NO EVENT SHALL BCA OR ANY OF OUR SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS OR USE OF THE BCA WEB SITE OR THE INABILITY TO USE OR LOSS OF DATA CONTAINED WITHIN THE WEB SITE, REGARDLESS OF WHETHER BCA OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, BCA’S LIABILITY, AND THAT OF ITS SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.
We do not warrant that the functions or informational materials contained in or accessed through our web site are free of computer viruses or other harmful components. Although we make a good faith effort to update the content of our web site periodically, we do not have a duty to update information contained in our web site, and we will not be liable for any failure to update such information. BCA assumes no responsibility or liability arising from the contents of the web site nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within the web site or accessed through the web site.
Third Party Sites and Linking
BCA may provide links to certain other third party web sites merely as a convenience for users of the BCA web site. These third party web sites are maintained on third party servers and are not under the control of BCA. We do not control the material on such third party web sites. Access to such third party web sites is at the user’s own risk and BCA is not responsible for its accuracy or reliability. Inclusion of links to third party web sites does not constitute an endorsement, approval or guarantee the accuracy of the contents of any linked web sites. We expressly disclaim any responsibility for the content of any third party web sites linked to our web site. We urge you to use discretion when you access any third party web sites linked to our web site.
Copyright, Copying and Trademark
The content of the BCA web site is protected by copyright, trademark and other applicable intellectual property laws and is owned or controlled by BCA or a party credited as the provider of specific content. Unless otherwise stated, you may download, print out, or send a copy of the web site materials to others so long as each copy indicates the appropriate copyright notice and is used only for personal use. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic or audio-visual material for bulk or commercial use without prior written consent obtained from BCA.
Modifications to Website Disclaimer, Terms of Use and Privacy Policy
BCA may modify these Website Disclaimer, Terms of Use and Privacy Policy or any portion of them at any time and in any way with or without notice to you by updating this document. Your use of this web site is subject to any such revisions and you should periodically visit this page to review the current Website Disclaimer, Terms of Use and Privacy Policy that apply to your use of this web site. Your continued access to or use of this web site and/or any services offered through it shall be your conclusive acceptance of these Website Disclaimer, Terms of Use and Privacy Policy, including any modifications.
Privacy Policy
BCA collects personal information that you provide when subscribing to receive updates, educational information, specials and events information from us. BCA may also collect personal information that you provide voluntarily through discussion groups made available to you on the website, such as the blog entries. BCA may also collect information about your use of our website with “cookies”. A Cookie is a piece of text that can be entered into the memory of your computer when you visit a website in order to track use of the site. We may use cookies to store certain preferences about your use of the site. For example, cookies may be used to allow a user to set a preference to skip user verification when capturing information. In addition, we may use cookies to tell us about the number of people using our website and to track the pages of the website being visited. BCA may use your personal information to generate aggregated information that does not allow you to be personally identified or contacted. Aggregated information shows user activity as a whole rather than on an individual basis and may be used by BCA to provide insight on the usage of the website pages. For example, BCA may aggregate personal information to determine the percentage of users that visited the site from a particular zip code. Except as set forth below, BCA will not disclose your personal information to companies other than to necessary service providers, such as an email service provider, for the purpose of sending out emails from BCA. BCA may disclose aggregated information to third parties. For example, BCA may disclose to its webmaster the number of users of the website and what pages they visited. BCA will otherwise only release your personal information to third parties in the following limited circumstances: if required by law, if the rights of BCA, subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns are in jeopardy, or if the personal safety of users of our website or other members of the public are in jeopardy. BCA recognizes that your privacy is important to you.
BCA employs security measures in order to prevent the loss, misuse, and alteration of personal information under our control. However, no transmission over the internet can be guaranteed to be completely secure. Consequently, the BCA , subsidiaries and affiliates, and their respective officers, directors, employees, members, agents, representatives, business partners, information providers, licensors and licensees and their respective heirs and assigns do not represent warrant or guarantee that personal information will be protected against misuse, loss or alterations and do not accept any liability for personal information submitted to or collected by them nor for your or third parties’ use or misuse of personal information. Technical measures to protect your privacy include the use of passwords and in some instances the support of encryption technology in order to ensure the privacy and integrity of your personal information. You are responsible for keeping your password confidential and you will be solely responsible for all uses of your password, even if such uses were not authorized by you. If you become aware of any unauthorized use of your password, you are responsible for contacting us to request a deactivation of your password. You may be given the opportunity to select “remember password” function on the website. If you select this option, your password will thereafter be automatically identified when you access the website and you may access your personal information without re-entering the password. This means that anyone with access to your computing devices may have access to your personal information. You alone are responsible for controlling this access to your computing devices and preventing unauthorized and/or unwanted access to your personal information. This website is not intended or designed to attract children under the age of 18. We do not knowingly provide health related information or collect personal information directly from any person we actually know is a child.
Miscellaneous
These Website Disclaimer, Terms of Use and Privacy Policy constitute the entire agreement between you and BCA and govern your use of the web site and any information or services offered on the web site. This agreement supersedes any prior terms of use or other agreements between you and BCA concerning use of this web site.
These Website Disclaimer, Terms of Use and Privacy Policy are governed by and shall be construed in accordance with the laws of the State of Maryland without regard to its conflict of law provisions. By accessing or using this web site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within State of Maryland for resolution of any disputes arising out of or relating to these Website Disclaimer, Terms of Use and Privacy Policy or your use of the web site. You agree that, except as expressly provided in these Website Disclaimer, Terms of Use and Privacy Policy (and other than LLC and its affiliates), there shall be no third party beneficiaries of these Website Disclaimer, Terms of Use and Privacy Policy.
The failure by us to exercise or enforce any right or provision of these Website Disclaimer, Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.
If any portion of these Website Disclaimer, Terms of Use and Privacy Policy is held to be unenforceable, the unenforceable portion will be construed in accordance with the relevant law to as nearly as possible reflect the original intentions of the parties and the remainder of the agreement will be enforced as written.