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Legal Terms

Welcome to the TheBreastCareSite.com™ website. The following Legal Terms and Conditions of Use are a legal contract between you and Amoena USA Corporation, the owner of TheBreastCareSite.com™, for the use of the site, which includes all related sites, URL links and “online” or electronic documentation (collectively, the “Site”). Please read the Site’s Privacy Policy (as it may be amended from time to time) carefully for further considerations and responsibilities before using the Site. By your use of the Site, you expressly agree to the terms and conditions of such Privacy Policy which is hereby fully incorporated herein by this reference. Please also read these Legal Terms and Conditions of Use carefully before using the Site. Throughout this Agreement, Amoena USA Corporation and its affiliates are referred to as “we” or “us.”

Acceptance of Legal Terms and Conditions of Use
BY ACCESSING, USING OR VIEWING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE LEGAL TERMS AND CONDITIONS OF USE (SOMETIMES CALLED “THIS AGREEMENT”), INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND EXCLUSION OF DAMAGES PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH LEGAL TERMS AND CONDITIONS, DO NOT USE THE SITE AND EXIT NOW.

This Agreement constitutes the sole and entire agreement between us and you, and supersedes all other oral or written agreements, representations, warranties or understandings with respect to the Site, the content, products and services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time from time to time without notice to you. The latest Agreement will be posted on the Site, and shall become effective immediately upon posting. You must review this Agreement prior to using the Site. Your use of the Site following any amendment shall be deemed to be your unconditional acceptance of the amended Agreement.

Information Not a Substitute For Medical Advice
The information contained on the Site is provided for the purpose of educating breast cancer survivors on various topics, such as body image, healthy living, and lifestyle, financial and insurance issues following surgery. The Site is a non-medical site, however, and nothing contained in the Site is intended to be a substitute for professional medical advice. Information provided through the Site is for general consumer education only. If you have any questions concerning a medical condition or are seeking a course of treatment or have specific health care needs, you should consult with your doctor or other healthcare professional. Information from the Site should not be relied upon to establish a course of treatment and is not intended to be complete or to be used for diagnosing any condition. The listing or description of any products or services on the Site does not constitute or imply a recommendation or endorsement by us of such products or services unless expressly stated. Advice received from any content on the Site should not be relied upon for personal, medical, legal or financial decisions. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SITE.

The Site and any information provided on the Site are not intended to constitute and you agree that they do not constitute, the practice of medicine or the furnishing of medical, nursing, or professional health care advice, diagnosis, consultation or treatment or medical services in any jurisdiction. The Site and any information provided on or through the Site is not targeted to users in any particular locality, nor is the Site intended to constitute, and you agree that it does not constitute, doing business in any jurisdiction or the solicitation of business anywhere by us or any of our respective parents, subsidiaries or affiliates, nor does the Site constitute any contacts with any jurisdiction outside the State of Georgia.

Information on the Site
We use reasonable efforts to include accurate and up-to-date information on the Site. However, we make no warranties, representations or assurances as to the accuracy or completeness of the information. Because we are under no obligation to update this Site and medical information changes rapidly, some of the information on the Site may not be current. We assume no liability or responsibility for any inaccuracies, errors or omissions in the contents of the Site. In addition, the Site may be used by others to post information and materials, including changes or additions; we give no assurance whatsoever regarding such information or materials. In no event should the availability of such information and materials on the Site be construed as an indication they have been validated by us. No information contained on the Site is regulated or evaluated by the Food and Drug Administration.

Permitted Use and Copying of Content
The viewing, printing, or downloading of any content, graphics, documents or other materials on the Site grants you only a limited, non-transferable, non-exclusive license to print a single copy (only) of any article, content, pictures, graphics or other materials appearing on the Site for your personal, non-commercial or non-profit educational use only, provided you keep intact all copyright, trademark and other proprietary notices. Otherwise, no portion of the Site (including text, images, audio and video) may be modified, copied, downloaded, transmitted, uploaded, posted, republished, distributed, displayed, reproduced, licensed or sold in any way (including for use with creative works or to sell or promote products or services) without Amoena USA Corporation’s prior written permission. Violation of this policy may result in infringement of intellectual property and contractual rights of ours or third parties which is prohibited by law, and could result in substantial civil and criminal penalties. Your right to use the Site is non-transferable. Any password or right given to you to obtain information or documents is not transferable.

Transmittal of Information; E-mail
Please understand that all information submitted on the Site might potentially be publicly accessible. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. Any communication or material you transmit to the Site through electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as non-confidential and non-proprietary. Anything you transmit may be complied and used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting, subject to the limitations contained in the Privacy Policy. Furthermore, we are free to compile and use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including developing, manufacturing and marketing products or services using such information.

Should you elect to submit any information to us, please be aware that this information and material may be accessed, used, copied, distributed and adapted by Amoena (and its host providers) without liability, prior consent or restriction. You are responsible for making sure all information and materials that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption or interruption.

Copyrights
The entire contents of the Site are copyrighted as a collective work under United States and international copyright laws. You should assume that everything you see or read on the Site is protected by copyright unless otherwise stated, and may only be used strictly in accordance with these Legal Terms and Conditions. We do not warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Amoena USA Corporation. Images on the Site are either the property of, or used with permission by, us. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Legal Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy or publicity or other applicable laws. You do not acquire any ownership rights to any content, document or other materials viewed on the Site.

Trademarks
Amoena®, TheBreastCareSite.com™ and other identified marks and logos displayed on the Site are our trademarks and servicemarks and may not be used in any way without our prior express written permission. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any mark displayed on the Site without our prior express written permission or such third party that may own the mark displayed on the Site, as applicable.

Warranty Disclaimers
You access the Site at your own risk. THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS AS AN ACCOMMODATION TO YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SITE OR WITH RESPECT TO ANY INFORMATION, PRODUCT, MERCHANDISE OR MATERIAL PROVIDED ON OR THROUGH THE SITE. IN ADDITION, WE MAKE NO WARRANTY WHATSOEVER THAT: (1) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, TIMELY BASIS; (2) THE SITE WILL FIT YOUR REQUIREMENTS; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. WE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. WE CANNOT AND DO NOT WARRANT OR GUARANTEE THAT THE SITE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS, AND WE DISCLAIM AND SHALL NOT BE RESPONSIBLE FOR ANY LIABILITIES, DAMAGES OR LOSSES YOU SUFFER FROM ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS. You assume the risk of loss of the information you supply to the Site.

Exclusion of Damages; Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST SAVINGS, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR DATA OR ANY OTHER PECUNIARY LOSS, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE ARISING, OUT OF OR RELATING TO YOUR USE OF OR ACCESS TO THE SITE OR YOUR INABILITY TO USE OR ACCESS THE SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE AMOUNT OF THE FEES OR OTHER AMOUNTS YOU ACTUALLY PAID FOR ANY GOODS, SERVICES OR INFORMATION FROM OR THROUGH YOUR USE OF THE SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU, AND THIS SITE AND THE INFORMATION AND BENEFITS YOU RECEIVE FROM IT WOULD NOT BE PROVIDED WITHOUT THE FOREGOING LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR ANY THIRD PARTY THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY AND SPECIFICALLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF LIABILITY OR EXCLUSION OF DAMAGES PROVIDED ABOVE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. Any claim or cause of action you have against us involving or relating to the Site (and any information, products or services related thereto or your use thereof) must be commenced within one (1) year after the date such claim or cause of action arose or be forever waived and barred.

IF THE LIMITATIONS OF LIABILITY OR THE EXCLUSIONS OF DAMAGES SET FORTH HEREIN IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED $2,500.

Store Locator
All geographical information relating to retailers listed on the Site is provided directly by the retailers to us. We do not independently verify the accuracy of such information and it is the retailer’s sole obligation to contact Amoena with current information. While our goal is to provide accurate information, the names, addresses, etc. of our retailer network are subject to change without notice.

Products For You
The portion of the Site called “Products For You” provides the user with information on post-mastectomy products and should be used for educational purposes only. You should visit an authorized Amoena® retailer to be properly fit by a certified Amoena® fitter with the best product for you. We do not guarantee that products by any Amoena retailer are currently in stock or available. On average, Amoena® retailers can obtain products not in stock within 5-7 business days, but you should contact the specific retailer directly for all product availability information. All products are not available in all areas, and the features and specifications of products or services described on the Site may change without notice. Products may or may not be covered by your insurance; you should contact your insurance provider directly to confirm coverage. In addition, you should always confer with your local healthcare professional before using any product and should always read the package insert prior to use of any product.

Ask the Expert
Authors’ answers to your questions on the Site are provided for the purpose of educating breast cancer survivors on various topics, such as intimacy and relationships. All information provided is for general consumer education only. If you have any questions concerning a medical condition or are seeking a course of treatment for a medical or emotional condition, you should consult with your doctor or other healthcare professional. Information in “Ask the Expert” should not be relied upon to establish a course of treatment and is not intended to be used for diagnosing any condition.

Links
The Site links you to other websites that are not under the control of Amoena USA Corporation. These links are offered solely for your convenience. We do not endorse such sites or any of the content, products or services contained on such sites. We are not responsible for the content, accuracy or opinions of such websites and shall not be liable for any damages, losses or injury arising out of the content or your use of such websites (including any inaccuracy). We do not investigate or monitor any of the websites for accuracy or completeness. You should read the privacy policies of each site you visit to determine what information such site is collecting from you and how such information is being used. Your linking to such sites or contacting the owners of such sites is at your own risk. We encourage you to exercise discretion while browsing the Internet through your use of the Site. You could possibly be directed to sites containing information that you may find offensive or inappropriate. We welcome links to the Site. You are free to establish a hypertext link to the Site provided the link does not state or imply any endorsement or sponsorship of your website by us. We do, however, reserve the right to take legal and other actions against any link which is inappropriate, offensive or in violation of any applicable laws.

Indemnity
You agree to fully indemnify and hold us and our parent, subsidiaries and affiliates, and our successors, assigns and licensees, together with their respective officers, directors and employees, harmless from and against any damages, losses, liabilities, claims, judgments, suits, actions, costs or expenses (including reasonable attorneys’ and experts’ fees and expenses), arising out of or related to any claim by you or a third party relating to your use of the Site, or any breach or violation by you of this Agreement or any other term or condition contained on the Site.

Remedies for Breach; Illegality
In the event we determine, in our sole and absolute discretion, that you have breached or violated any agreement, term or condition set forth in this Agreement or the Site, then, in addition to and not in lieu or limitation of any other right or remedy we may have, we may: advise you that you have violated this Agreement; delete or remove any communications or content furnished by you to the Site; block your access to the Site; notify and/or send communications or content to and cooperate with applicable law enforcement authorities; and/or take any other action we deem appropriate.

If you are located in any jurisdiction in the world where the common, statutory, regulatory or codified law of such jurisdiction would void this Agreement in whole or in any essential part (including the exclusive jurisdiction and venue, warranty disclaimers, limitations of liability and exclusion of damages provisions) or would make accessing the Site illegal, then you are not authorized to use the Site, and, if you do, you do so entirely at your own risk.

You agree to accept sole responsibility for any use of Internet facilities conducted or permitted by you; the conduct of any business, advertising, marketing or sales in connection therewith; and any negligent or illegal act or omission of you or your agents, contractors, servants, employees, or other users.

Governing Law; Exclusive Jurisdiction; Certain Definitions
These Legal Terms and Conditions of Use shall be treated as though they were executed and performed in the State of Georgia, and shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, excluding such state’s principles of choice of law and conflicts of laws. All legal proceedings arising out of or in connection with this Agreement or your use of the Site shall be brought exclusively in the state or superior courts of Cobb County, Georgia or the Federal District Court for the Northern District of Georgia, Atlanta Division, located in Atlanta, Georgia, and you agree that venue is proper and convenient in such courts. You expressly and irrevocably submit to the exclusive personal jurisdiction of such courts and consent to extraterritorial service of process. “Including,” as used in this Agreement, means for illustration but without limitation.

Miscellaneous
Our failure to insist on or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade usage shall act to modify any provision of this Agreement. We may assign our rights or duties under this Agreement to any party at any time without notice to you. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof which shall be enforced to the greatest extent permitted by law. To the extent that anything contained elsewhere in the Site is inconsistent with this Agreement, this Agreement shall take precedence over such other conflicting provision.

Contacting Us
If you have any questions about these Legal Terms and Conditions of Use, the practices of this Site, or your dealings with this Site, please contact us at info@thebreastcaresite.com.