Terms and Conditions

INTRODUCTION

This page describes the terms and conditions under which you may use http://www.prostateimplant.com (the “Site”) which is owned by Chicago Prostate Center, LLC d/b/a Chicago Prostate Cancer Center, LLC and Chicago Prostate Cancer Surgery Center, LLC, d/b/a Chicago Prostate Surgery Center (collectively “Chicago Prostate Center or “CPC”).

Please read these terms and conditions carefully. By accessing or using this Site, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon all users. If you do not accept these terms and conditions, please do not use this Site. CPC may, in its sole discretion, revise these terms and conditions at any time.


USE OF SITE MATERIAL

The contents of this Site, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. These terms and conditions do not grant you any license whatsoever to the Site Material. CPC authorizes you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Site Material, nor may you reproduce, display, distribute or use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other web site or in a networked environment is prohibited. CPC retains all intellectual property rights in the Site Material.


TRADEMARKS

The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned or licensed by Chicago Prostate Center, LLC d/b/a Chicago Prostate Cancer Center, LLC. Your use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, CPC makes fair use in this Site of trademarks owned and used by third parties. CPC makes no claim to ownership of those marks.


USER SUBMISSIONS

CPC welcomes and encourages you to submit comments or suggestions to us regarding the Site. You acknowledge and agree that any notes, comments, suggestions, drawings, designs, inventions of other information that you send to us (the “Information”) will be deemed and will remain the property of CPC. By submitting the Information to us, you assign to us and we exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe. CPC shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the Information.

As a user of this Site, you are responsible for your own communications and the consequences of their posting. Therefore, do not do any of the following things:

  • transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
  • send material that reveals trade secrets, unless you own them or have the permission of the owner;
  • send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • send material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity;
  • send sexually explicit messages;
  • send advertisements or solicitations of business;
  • send chain letters or pyramid schemes; or
  • impersonate another person.

CPC reserves the right to expel users and prevent further access to this Site for violating these terms and conditions or the law and reserves the right to remove any communications from this Site. The violation of any of these terms and conditions will result in the immediate revocation of your license to use the Site Material and obligates you to destroy immediately any copies of the Site Material in your possession.


LIMITATIONS ON LIABILITY

CPC DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOU USE THE SITE OR THE SITE MATERIAL AND SUCH USE RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CPC WILL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.

THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” AND “AT YOUR OWN RISK” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.�� TO THE FULLEST EXTENT PERMITTED BY LAW, CPC DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH CPC STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

CPC DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, DIRECTIONS, OR RECIPES CONTAINED IN THE SITE MATERIAL.


DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL CPC, ITS AFFILIATES, OR ANY PHYSICIANS OR OTHER THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CPC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


WEBSITE LINKS

This Site contains links to other websites owned or operated by other parties. The links are provided for your convenience only. CPC does not control such websites and is not responsible for the content and performance of these sites or for your transactions with them. Inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you decide to visit any other site using links from this Site, you do so at your own risk.


INDEMNITY

By using this Site, you agree to defend, indemnify, and hold harmless CPC, its officers, directors, employees and agents, and the Foundation from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that CPC may become obligated to pay arising or resulting from your use of the Site Material or your breach of these terms and conditions. CPC and the Foundation reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.


NOT THE PRACTICE OF MEDICINE, NURSING OR ANY OTHER HEALING ART

The information contained in this online Site is solely intended to provide broad consumer understanding and knowledge of health care topics. This service is for educational purposes only and should in no way be taken to be the practice of medicine, nursing or any other branch of the healing arts or the provision of professional healthcare advice or services. By creating and maintaining this Site, we do not enter into a provider-patient relationship with you or seek to enter into such a relationship. The information should not be considered complete and should not be used in place of a visit, call, consultation or advice of your physician or other health care provider. Should you have any health care-related questions, please call or see your physician. If you believe that you or someone you are concerned about is in danger or is facing a real or potential emergency, leave this Site and contact your physician or call 911 immediately.


E-MAIL

The email service provided through this Site is not intended to be used for clinical purposes and should not be used for such purposes. Do not use this email service to disclose any medical or health information about yourself or to seek diagnosis or treatment. Do not use email on our Site to communicate about any circumstance that you believe involves or could involve an emergency for yourself or for anyone else. Do not use this email service to reveal information about your financial circumstances, including, without limitation, assets, liabilities or debts. Use of the email service by you does not establish a physician-patient relationship between you and CPC.


PRIVACY POLICY

CPC respects the privacy of the visitors to this Site and understands the importance of protecting the integrity and confidentiality of personally identifiable information that you may provide to us through this Site. This Site takes reasonable precautions to protect your personally identifiable information and non-identifying information. This Privacy Policy addresses CPC’s practices with respect to both identifying and non-identifying information.

CPC does not collect personally identifying information about you (such as your name, address, telephone number or e-mail address) unless you voluntarily submit that information to us by email or other means. If you e-mail us through our website, your message may be routed within our organization for the purpose of responding to your question or request. Under no circumstances will your e-mail address be shared with or sold to anyone outside our organization.

All online job applications we receive are shared only within CPC for the purpose of hiring.�� Any information we receive through an online job application will not be shared, or sold, to anyone outside CPC.

When you visit our Site, we may automatically collect certain non-identifying information about you, such as the type of browser or computer operating system that you use or the domain name of the Site from which you linked to us. In addition, we may store some information on your computer�s hard drive as a “cookie” or similar type of file. We use this information internally, to help us enhance the efficiency and usefulness of the Site. If you object to this, please consult your Browser�s documentation for information on erasing or blocking cookies.

Any information we gather, whether voluntarily provided by you or automatically collected, may be used for our internal business and marketing purposes but will not be sold or otherwise disclosed to third parties for any purpose. Notwithstanding this policy, we reserve the right to disclose any information in our possession if we are required to do so by law, or we believe, in good faith, that such a disclosure is necessary to comply with the law, defend our rights or property, or to respond to an emergency situation.

If you are concerned about the information you have provided to us, or would like to review, update or delete that information, please contact us. We will make reasonable efforts to comply with your wishes.

At certain pages on our Site, we post images of human beings and other images that may allow for identification of a specific person. In all such case, we have permission from the individual pictured or from his or her parent or guardian. We do not post such images without such consent.


MISCELLANEOUS

This Site originates from Westmont, Illinois. CPC does not claim that the Site Materials on this Site are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These terms and conditions are governed by the substantive laws of the State of Illinois, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in DuPage County in the State of Illinois with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision 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 any other term. Except as expressly provided elsewhere on this Site, these terms and conditions constitute the entire agreement between you and CPC with respect to your use of this Site.


DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via this Site by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with this Site for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on this Site.

If you believe any materials on this Site infringe a copyright, you should provide us with written notice that at a minimum contains:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:
Kimberly J. Kannensohn
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818
312.750.8649 (Direct Line)
312.920.3683 (Direct FAX)
kkannensohn@mcguirewoods.com

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.