Last updated: June 26, 2019
We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. We also reserve the right, at any time, to modify this Agreement. Accordingly, we encourage you to review the terms of this Agreement periodically. We reserve the right (but are not required) to post a notice on the Website or send you a notice via email or any other delivery method of any such change to this Agreement. The most current version of this Agreement shall be linked on the home page of the Website. If you continue to use the Website after the effective date of the latest version noted at the top of this Agreement, then you accept all such changes.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS AGREEMENT WHICH CONTAINS AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE.
If you have any questions about this Agreement, please contact us by email at email@example.com.
4. Description of Services
This Website provides users access to an extensive amount of resources, including, but not limited to, public forums, health, diet and medical content, online tools, book/publication offerings, and various communication tools (collectively, the “Services”).
We assume no responsibility or liability for the timeliness, deletion or failure to store any user communications or personalization data or settings. All such risks shall be borne by the user.
5. Medical and Health Disclaimer
This Website does not provide or contain medical advice, diagnosis or treatment information. The contents of this Website, including text, graphics, images, information and other materials contained on this Website regardless of the originating source (collectively, “Content”) is for informational purposes only. This Website (including its 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 Content or testimonials contained on this Website or otherwise provided by or on behalf of us is solely at your own risk.
The statements made on this Website, as well as any materials, products, or supplements distributed, or advertised, have not been evaluated by the Food and Drug Administration or any other governmental authority. Any products or information appearing on this Website are not intended to diagnose, treat, cure, or prevent any disease.
6. Copyright and Trademarks
The Content and other matters related to this Website are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights and are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission. You do not acquire ownership rights to any Content viewed through this Website. The posting of information or materials on the Website by us does not constitute a waiver of any rights in such information and materials.
The related design marks, and other trademarks on this Website are owned by us. Page headers, custom graphics, button icons and scripts are trademarks or trade dress we own. You may not use any of these trademarks, trade dress, or trade names without our express written permission.
7. Personal Use Only
You are granted a limited, personal, non-exclusive, non-commercial license to view, print or download content, graphics, forms or documents from this Website for use solely by you for your own personal use. This Website may not be used for any commercial purpose, commercial advantage or private monetary compensation.
No page (including any Content) from this Website may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system for any purpose whatsoever, except that you may download one copy of the viewed materials on any single computer for your personal, non-commercial home use only (but not for resale or redistribution), provided you keep intact all copyright and other proprietary notices. Modification of any Content or use of any Content for any other purpose is a violation of the Content provider’s copyright and other proprietary rights. The use of any such Content on any other website or networked computer environment is prohibited. All rights, title and interest in and to the Content on this Website (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in us or our Content providers. All rights not expressly granted are reserved.
If you send submissions (e.g., postings to chats, message boards, or contests) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, “Submissions”) to us through this Website or otherwise, the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on the part of us, and we shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that you have all necessary rights in and to the Submissions you provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, you warrant that all so-called moral rights in any Submissions you provide have been waived. Without limitation of the foregoing, we shall exclusively own all known or hereafter existing rights to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
We do not endorse and have no control over the content of Submissions submitted by others to this Website. Submissions submitted to this Website are not necessarily reviewed by us prior to posting and do not necessarily reflect our opinions or policies. We make no warranties, express or implied, as to the content of the Submissions on this Website or the accuracy and reliability of any Submissions and other materials on this Website. Nonetheless, we reserve the right (but are not required) to monitor or prevent you from contributing Submissions to this Website and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice. You agree that we nor our affiliates and each of our and their respective members, managers, directors, officers, employees, contractors, agents, information providers, suppliers, agents, representatives, attorneys, licensors, or Content providers shall be liable for the Submissions or any loss or damage resulting from the Submissions.
You agree to defend, indemnify and hold harmless us, our affiliates and each of our and their respective members, managers, directors, officers, representatives, employees, and agents (collectively, “Indemnified Parties”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, relating to, or resulting from: (a) the unauthorized use of content violates, infringes or misappropriates such third party’s intellectual property, privacy, personality or other rights, or violates applicable law; (b) any non-compliance by you with the terms and conditions of this Agreement; and (c) claims regarding any liability, loss, claim and/or expense arising from or related to your access and use of this Website, including information obtained through this Website or other unlawful acts or omissions by you. Notwithstanding the foregoing, we reserve the right to assume at your expense the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
10. Third-Party Websites, Products and Services
11.Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works.
- Identification of the material you believe to be infringing or the subject of infringing activity. Include information reasonably sufficient to permit us to locate the material. Please provide a URL and/or screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material or your relationship to the material’s copyright holder.
- Provide information by which we can contact you (including your full name, postal address, telephone number and, an e-mail address where we can contact you to confirm your claim).
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages or content is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Our designated Copyright Agent to receive DMCA Notices is:
Men’s Health Publishing Group
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES, AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Website infringes upon your copyright; or (b) that material on the Website was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, we may terminate access to the user’s Account.
12. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors . .
If You have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use this Website, You agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of this Website; and (c) the consequences of any use of this Website by such Minor.
14. Information and Press Releases
This Website may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.
15. Force Majeure
You acknowledge and understand that if this Website or any portion or component thereof is unavailable as a result of a force majeure event, we will not be in breach of any of its obligations toward you under this Agreement. A force majeure event means any event beyond the control of us. Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from a force majeure event.
16. Domestic Use and Export Restriction
We control this Website from our offices within the United States of America. We make no representation that the Website or its Content (including, without limitation, any Other Sites) are appropriate or available for use in other locations. Users who access this Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from this Website may be downloaded in violation of any applicable laws.
You and We agree that any claim or controversy that arises between us relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Platform or Service (each a “Covered Matter” and collectively, “Covered Matters”), will be resolved in accordance with the provisions set forth in this Section 19.
(a ) Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at firstname.lastname@example.org, provide a brief, written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow ninety (90) days to pass, during which We will attempt to reach an amicable resolution of any issue with you.
(b) Applicable Law. The parties agree that the United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Matters. Such body of law will apply regardless of your residence or the location of where you use the Services.
(c) Agreement to Arbitrate Disputes. The parties agree that this Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matter must be asserted individually in binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in accordance with JAMS Streamlined Arbitration Rules and Procedures (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel) and the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (which will prevail over any inconsistent terms in this Section). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, any claim that all or any part of this Agreement is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(d) Exceptions To Our Agreement To Arbitrate Disputes. There are only two exceptions to this agreement to arbitrate:
- First, if either party reasonably believes that the other party has in any manner violated or threatened to infringe the intellectual property rights of the other party, the party whose rights have been violated may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
- Second, each party will retain the right to seek relief in a small claims court within the United States for disputes or claims brought on an individual basis within the scope of the jurisdiction of such courts.
(e) Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in this Agreement to the contrary, the parties agree that if we makes any amendment to the agreement to arbitrate under this Section in the future that amendment shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between us. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification of such amended terms and you will not be bound by the amended terms.
(f) Judicial Forum for Legal Disputes. Unless the parties agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between us must be resolved exclusively by a state, federal, or small claims court located in Los Angeles, California. The parties agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
(g) YOU MAY OPT-OUT OF ARBITRATION. IF YOU ARE A NEW WE USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE TO CONTACT@PROSTATE.NET (“OPT-OUT NOTICE”). THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE THIS AGREEMENT FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
(h) Arbitration Opt-Out Procedure. In order to opt-out, you must email your name, address (including your street address, city, state, and zip code), email address(es) associated with your account(s) to which the opt-out applies, and an unaltered digital image of your valid driver’s license to: CONTACT@PROSTATE.NET. This procedure is the only way you can opt out of the agreement to arbitrate in this Section. If you opt out of the agreement to arbitrate, all other parts of this Agreement and this Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
(i) YOU WAIVE CERTAIN RIGHTS. BY AGREEING TO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE); (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES; AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THIS AGREEMENT.
18. Mutual Representations and Warranties.
Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into this Agreement; (b) this Agreement forms a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described herein.
19. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
(a) DISCLAIMER OF WARRANTIES: WE PROVIDE THIS WEBSITE AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS WEBSITE OR ANY CONTENT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) MALICIOUS CODE WILL NOT BE TRANSMITTED TO YOU IN YOUR USE OF THE WEBSITE, (III) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (IV) WILL MEET YOUR REQUIREMENTS, OR (V) WILL OPERATE IN THE CONFIGURATION OF OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR CAUSE, MERCHANTABILITY, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ANY USE OR RELIANCE UPON THE WEBSITE AND/OR ITS CONTENT BY YOU SHALL BE AT YOUR OWN RISK. WE WILL NOT BE LIABLE IN ANY WAY RELATED TO ANY THIRD-PARTY CONTENT, DATA OR APPLICATION. WE DISCLAIM ALL LIABILITY FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
(b) PRODUCTS: ALL PRODUCTS SEEN, REFERENCED OR ADVERTISED ON THIS WEBSITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR CAUSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
(c) EXCLUSION OF DAMAGES: IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL WE AND OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR REPRESENTATIVES WILL BE LIABLE FOR ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE OR IN CONNECTION WITH THIS WEBSITE, ANY CONTENT ON OR ACCESSED THROUGH THIS WEBSITE OR ANY WEBSITE SERVICE LINKED TO, ANY COPYING, DISPLAYING, OR USE THEREOF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM COMMUNICATIONS FAILURE, OR ANY LOST INCOME, LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, WHETHER FOR TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, WHETHER OR NOT FORESEEABLE AND HOWEVER RISING, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER FOR TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, WILL NOT EXCEED, $100. THE LIMITATIONS HEREIN WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
20. Limitation of Actions
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of this Website must be filed within one calendar year after such claim or cause of action arises, or forever be barred from asserting any such claim or cause of action.
21. Additional Terms
(a) No Waiver; Severability. No waiver of any term of this Agreement will be binding unless in writing, no waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and the failure of us to exercise or enforce any right or remedy in this Agreement does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of this Agreement to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect.
(b) Miscellaneous. You also may be subject to additional terms that may apply when you use certain services or third-party content, links, or websites. This Agreement and any rights or licenses granted hereunder, may not be assigned or delegated by you. This Agreement, and any rights or licenses granted hereunder, may be assigned or delegated by us without restriction. This Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns. This Agreement may not be modified by an oral statement by our representative. A party’s failure or delay in exercising any right, power, or privilege under this Agreement will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this Agreement. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. You agree to comply with all applicable laws in your use of the Website and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. This Agreement will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. If you are using the Website or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
(c) Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Website, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address: email@example.com