DISCLAIMER
The Terms and Conditions contained in this Agreement are subject to
change at anytime at the discretion of ALMEN LABS (the "Company"). Your use of
the COMPANY's BREASTSCORE.COM site (the "Site") signifies your agreement to
these terms and conditions, including any changes thereto that the COMPANY may
post from time to time.
1. Information Only; Intent of Use: Not For Medical Advice
or Medical Interpretation.
1.1 THE CONTENT ON THE SITE AND/OR PROCESSING TOOL, SOFTWARE
APPLICATION(S), PROCEDURES AND METHODS ARE FOR INFORMATIONAL AND/OR
QUANTIFICATION PURPOSES ONLY. THE CONTENT IS PRESENTED IN SUMMARY, NUMERIC OR
REPORTING FORMS, IS GENERAL IN NATURE, AND
UNDER NO CIRCUMSTANCES SHOULD
IT BE RELIED UPON AS A SUBSTITUTE FOR THE MEDICAL CARE, ADVICE, INTERPRETATION,
DIAGNOSTIC READING AND/OR CONSULTATION OF A QUALIFIED HEALTHCARE PROFESSIONAL
AS A RESULT OF THE DYNAMIC NATURE OF THE HEALTHCARE, MEDICAL
RESEARCH AND PHARMACEUTICAL FIELDS, INFORMATION CONTAINED HEREIN MAY BECOME
OUTDATED AND SUBJECT TO DISAGREEMENT WITHIN THE HEALTHCARE, GENERAL MEDICAL OR
PHARMACEUTICAL INDUSTRIES. ALWAYS CONSULT THE ADVICE OF A QUALIFIED HEALTHCARE
PROFESSIONAL WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING A MEDICAL
CONDITION. THE CONTENT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY
KIND. ANY LINKS TO OTHER WEB SITES CONTAINED IN THE SITE ARE PROVIDED AS A
CONVENIENCE AND REFERENCE TOOL ONLY. The COMPANY HAS NO CONTROL OVER
THIRD-PARTY WEB SITES AND IN NO WAY ENDORSES ANY SUCH WEB SITE, ITS OWNER(S) OR
THE CONTENTS OF THE SITE. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY
OR THROUGH the COMPANY OR THE SITE IS INTENDED TO BE RELIED ON FOR MEDICAL
DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT
BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE!
1.2 Appearance or application of or reference to any particular
product or specific test or procedures on the Site does not indicate any
diagnostic advice, endorsement or recommendation by the COMPANY. Any opinions
expressed on the Site are the opinions of the authors. The COMPANY does not
assume any liability for the contents of any material provided on the Site or
any other web sites to which the Site may be linked. Reliance on any
information provided by the COMPANY, its contributors, or other visitors to the
Site is solely at your own risk. The COMPANY assumes no liability or
responsibility for damage or injury to persons or property arising from any use
of any product, information, idea, or instruction contained in the materials
provided to you. The COMPANY reserves the right to change or discontinue at any
time any aspect or feature of this Site.
2. Protection of Information Privacy.
2.1 General.
2.1.1 The COMPANY does not collect personally identifiable
information about members or other the COMPANY users ("Users") except when such
individuals specifically provide such information on a voluntary basis. Access
or other use of the COMPANY site or services by the User constitutes
information voluntarily given by the User.
2.1.2 The COMPANY Corporation is to become a licensee of the TRUSTe
Privacy Program. This statement discloses the privacy practices for the COMPANY
web site. When you visit a web site displaying the TRUSTe trustmark, you can
expect to be notified of: What personally identifiable information of yours is
collected; What organization is collecting the information; How the information
is used; With whom the information may be shared; What choices are available to
you regarding collection, use and distribution of the information; What kind of
security procedures are in place to protect the loss, misuse or alteration of
information under the COMPANY's control; and How you can correct any
inaccuracies in the information.
2.1.3 The COMPANY subscribes to the principles of the Health on the
Net Foundation Code of Conduct for medical and health web sites. For
information on the HONcode of Conduct and the Health on the Net Foundation,
click here.
2.2 Use of Registration Information.
2.2.1 The COMPANY will not disclose personally identifiable
information of individual Users to unaffiliated third parties without the
User's prior consent. The COMPANY stores the Internet Protocol (IP) address of
your computer when you visit our site. This information is used for internal
informational purposes only. However, the COMPANY may use registration
information and other voluntarily submitted information in the following ways:
(i) To provide our developers and advisors with information that is
useful in developing new features and services for the COMPANY Users (ii) To
provide advertisers with aggregate - never individual - information about our
products; and (iii) To allow us to potentially vary advertising based on User
application information.
2.2.2 The COMPANY reserves the right to perform statistical
analyses and profiling of User files and applications and characteristics in
order to measure interest in and use of the various areas of the site and to
inform advertisers of such information. The COMPANY may provide only aggregate
data from these analyses to third parties; no personally identifiable
information will be disclosed. The COMPANY may sometimes permit third parties
to offer subscription and/or registration-based services through the COMPANY.
In this event, the COMPANY is not responsible for any actions or policies of
such third parties and Users should check the applicable privacy policy of such
party before providing personally identifiable information. It is not possible
for a User to delete his or her profile from our database, nor is it feasible
to delete all traces of a User's activity in the system. Messages posted to the
boards are examples of user activities that are not feasible to delete.
However, we do offer you the opportunity to request deletion of your E-mail
address-the only individually identifiable piece of information about your
account from the COMPANY database.
2.2.3 The COMPANY sends regular E-mail updates to members. If you
initially subscribed to our E-mail list and now wish to have your E-mail
address deleted from our database, E-mail us at the COMPANY and include the
EXACT words "UNSUBSCRIBE" in the body of your E-mail. Please allow two to three
business days for the actual cancellation to take effect. We will not share
your E-mail address with third parties without first receiving your permission.
We will not add your E-mail to any mailing lists without your expressed
request.
2.3 Users should be aware that when they voluntarily disclose
personally identifiable information (for example, user name, E-mail address) on
the on Bulletin Boards, Chat Rooms, and other Interactive Areas (collectively
referred to as "Interactive Areas") of the COMPANY, that information, along
with any substantive information disclosed in the User's communication, can be
collected and correlated and used by unauthorized third parties and may result
in unsolicited messages from third parties. Such activities are beyond the
control of the COMPANY. The COMPANY makes no warranties about the
discoverability of members' identity by methods beyond our control.
2.4 The COMPANY may employ cookie technology to allow Subscribers
and Users to move more quickly through our site. Cookies are small text files a
web site can use to recognize repeat Users and facilitate the User's ongoing
access to and use of the site. Generally, cookies work by assigning a unique
number to the User that has no meaning outside the assigning site. They do not
come onto a User's system nor do they pose a threat to a User's files.
Subscribers and Users should be aware that the COMPANY cannot control the use
of cookies by advertisers or third parties hosting data for the COMPANY.
However, if a Subscriber or User does not want information collected through
the use of cookies, there is a simple procedure in most browsers that allows
the User to deny or accept the cookie feature. Please note that cookies may be
necessary to provide the Subscriber or User with certain features (for example,
customized delivery of information) available on the COMPANY.
2.5 The COMPANY sometime uses Secure Socket Layer ("SSL")
encryption technology to ensure the integrity and privacy of the information
you pass to us via the Internet; however, to take advantage of this, you must
use utilize a browser that maintains 128-bit encryption support.
3. Personal Use; Restrictions; Copyright.
3.1 Upon acceptance of these Terms and Conditions, the COMPANY
authorizes you to view or download a single copy of the information material on
this web site solely for your personal, noncommercial use. Special rules will
apply to the use of certain software and other items provided on the COMPANY
site. Any such special rules are listed as "Legal Notices" on the COMPANY site
and are incorporated into these Terms and Conditions by reference.
3.2 The contents of the COMPANY site, such as text, graphics,
images and other material including software licensed by the COMPANY to permit
Users to access the COMPANY site ("Content"), are protected by copyright under
both United States and foreign laws, and title to the Content shall not pass to
you or any other User. Unauthorized use of the Content may violate copyright,
trademark, and other laws. None of the Content may be reverse-engineered,
disassembled, decompiled, reproduced, transcribed, stored in a retrieval
system, translated into any language or computer language, re-transmitted in
any form or by any means (electronic, mechanical, photo reproduction,
recordation or otherwise), resold or redistributed without the prior written
consent of the COMPANY.
3.3 For information obtained from the COMPANY's licensors, you are
solely responsible for compliance with any copyright, trademark, and other
proprietary rights and restrictions, and are referred to the publication data
appearing in bibliographic citations, as well as to the copyright notices
appearing in the original publications. You may not sell or modify the Content
or reproduce, display, publicly perform, distribute or otherwise use the
Content in any way for any public or commercial purpose. The use of the Content
on any other web site or in a networked computer environment for any purpose is
prohibited.
3.4 Content is subject to change without notice at the editorial
discretion of the COMPANY. If you violate any of these Terms and Conditions,
your permission to use the Content automatically terminates and you must
immediately destroy any copies you have made of any portion of the Content.
4. Liability
4.1 The Content comes from sources believed to be accurate, but may
contain inaccuracies or typographical errors. The COMPANY makes no
representations about the results to be obtained from using the COMPANY site or
the Content. The use of the COMPANY site and the Content is at your own risk.
4.2 YOU ACKNOWLEDGE THAT IN CONNECTION WITH the COMPANY SITE AND/OR
USED OR DEPLOYED PROCESSING PROCEDURES, INFORMATION WILL BE TRANSMITTED OVER
LOCAL EXCHANGE, INTEREXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH
ROUTERS, SWITCHES AND OTHER DEVICES OWNED, MAINTAINED, AND SERVICED BY
THIRD-PARTY LOCAL EXCHANGE AND LONG DISTANCE CARRIERS, UTILITIES, INTERNET
SERVICE PROVIDERS, AND OTHERS, ALL OF WHICH ARE BEYOND THE CONTROL AND
JURISDICTION OF the COMPANY AND ITS SUPPLIERS. ACCORDINGLY, the COMPANY ASSUMES
NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION
OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF the
COMPANY SITE.
4.3 the COMPANY SITE, ITS CONTENT, AND/OR USED OR DEPLOYED
PROCESSING PROCEDURES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A
PARTICULAR PURPOSE. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
CURRENTNESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR
COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF the COMPANY SITE OR the
COMPANY. The COMPANY, ITS LICENSORS, AND ITS SUPPLIERS DO NOT MAKE ANY WARRANTY
THAT THE CONTENT CONTAINED ON the COMPANY SITE SATISFIES GOVERNMENT REGULATIONS
REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.
4.4 IN NO EVENT SHALL the COMPANY, ITS LICENSORS, ITS SUPPLIERS OR
ANY THIRD PARTIES MENTIONED AT the COMPANY SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE the COMPANY SITE OR
THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT the COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE
EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
5. Non-confidential.
Except as described herein, any communication that you post on the
COMPANY site is considered to be non-confidential. You agree that you will not
upload or transmit any communications that infringe any patent, trademark,
trade secret, copyright, or other proprietary rights of any party. By
submitting communications to any part of this Site, you automatically grant-or
warrant that the owner of such Content has expressly granted the COMPANY a
royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use,
reproduce, create derivative works from, modify, publish, edit, translate,
distribute, perform, and display the communication alone or as part of other
works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers of sublicenses.
6. Use of Interactive Areas.
6.1 The COMPANY may provide access, processing and communications
in Interactive Areas on the COMPANY site. If you use an Interactive Area, you
are solely responsible for your own communications and the consequences of
posting those communications. The COMPANY does not assume any responsibility
for the consequences of any Interactive Area communications on or arising from
use of the COMPANY site. In cases where you feel threatened or believe someone
else is in danger, you should contact your local law enforcement agency
immediately.
6.2 In consideration of being allowed to use the Interactive Areas,
you agree that the following actions shall constitute a material breach of
these Terms and Conditions:
- Use of an Interactive Area for any purpose in violation of local,
state, national, or international laws;
- Posting material that infringes on the intellectual property rights
of others or on the privacy or publicity rights of others;
- Post material that is unlawful, obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another member or any other
person or entity as determined by the COMPANY at its sole discretion;
- Post advertisements or solicitations of business;
- After receiving a warning, continue to disrupt the normal flow of
dialogue, or post comments that are not related to the topic being discussed
(unless it is clear the discussion is free-form);
- Post chain letters or pyramid schemes;
- Impersonate another person;
- Operate and apply any processing functions or software applications
related to healthcare and biomedical areas without valid practitioner's
license;
- Allow any other person or entity to use your identification to post
or view comments;
- Post the same note more than once (The online word for posting many
times on one topic is "spamming." Spamming is strictly prohibited.); or Engage
in any other conduct that restricts or inhibits any other person from using or
enjoying the Interactive Areas, or which, in the judgment of the COMPANY,
exposes the COMPANY or any of its customers or suppliers to any liability or
detriment of any type.
6.3 The COMPANY reserves the right to record the dialogue in public
chat rooms if such exploited. The COMPANY does not screen communications in
advance and is not responsible for screening or monitoring material posted by
members or any other person or entity. If notified by a member of
communication(s) which are alleged not to conform to the terms of this Section,
the COMPANY may investigate the allegation and determine in its sole discretion
to remove or request the removal of the communication(s). The COMPANY reserves
the right to remove communications which are abusive, illegal, disruptive, or
that otherwise fail to conform with these Terms and Conditions. In addition to
the removal rights described above, the COMPANY reserves the right to terminate
a member's access to any or all Interactive Area upon member's breach of these
Terms and Conditions. The COMPANY reserves the right (but is not obligated) to
edit or delete any communication(s) posted on the COMPANY site, regardless of
whether such communication(s) violate these standards for content.
6.4 Furthermore, the COMPANY reserves the right (but is not
obligated) to monitor, edit, or disclose any type of posting on the Interactive
Areas for adherence to the Terms and Conditions, if required in the course of
normal operation and maintenance of the COMPANY, or if required to do so by law
or in the good-faith belief that such action is necessary to: (i) comply with
the law or comply with legal process served; (ii) protect and defend the rights
of the COMPANY or others; or (iii) act in an emergency to protect the personal
safety of our guests or the public. The COMPANY HAS NO LIABILITY OR
RESPONSIBILITY TO SUBSCRIBERS OR ANY OTHER PERSON OR ENTITY OR USER FOR
PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
6.5 The COMPANY does not represent or guarantee the truthfulness,
accuracy, or reliability of any of the material posted by Interactive Area
users or endorse any opinions expressed by such users. ANY RELIANCE ON CONTENT
POSTED IN AN INTERACTIVE AREA IS AT YOUR OWN RISK.
6.6 Through your use of a the COMPANY site's Interactive Areas, you
are agreeing to all of the aforementioned Terms and Conditions for the use of
such Interactive Areas contained herein.
7. Third-Party Web Site Links.
7.1 The COMPANY site contains links to third-party web sites. These
links are provided solely as a convenience to you and not as an endorsement by
the COMPANY of the content on such third-party web sites. The COMPANY is not
responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such
third-party web sites. If you decide to access linked third-party web sites,
you do so at your own risk. Your use of third-party web sites is subject to the
Terms and Conditions of use for such sites.
8. Advertising Policy.
The COMPANY site contains advertisements by third parties, and
these advertisements may contain links to other web sites. Unless otherwise
specifically stated, the COMPANY does not endorse any product or make any
representation regarding the content or accuracy of any materials contained in,
or linked to, any advertisement on the COMPANY site. Advertising may be a
source of funding for the Site. Additionally, the Site (including the COMPANY)
may receive remuneration from the providers of products and/or services
contained or referenced on the site, or from other providers of goods or
services to which the Site is linked. It is the policy of the COMPANY to use
good faith efforts to identify advertising on its site; provided however, that
the COMPANY does not warrant or guaranty the content of any advertisement
contained on this site or compliance with this policy.
9. Indemnity.
You agree to defend, indemnify and hold the COMPANY, its officers,
directors, employees, agents, licensors, and suppliers, harmless from and
against any claims, actions or demands, liabilities, and settlements including,
without limitation, reasonable legal and accounting fees, resulting from, or
alleged to result from, your use of the Content (including Software), or the
Interactive Areas in a manner that violates or is alleged to violate these
Terms and Conditions. The COMPANY shall provide notice to you promptly of any
such claim, suit, or proceeding, and shall reasonably cooperate with you, at
your expense, in your defense of any such claim, suit, or proceeding.
10. Compliance with Export Laws.
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or re-export the
Contents (including Software) to countries or persons prohibited under the
export control laws. By downloading the Contents (including Software), you are
agreeing that you are not in a country where such export is prohibited or are a
person or entity to which such export is prohibited. You are responsible for
compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of the Contents (including Software).
11. General.
The COMPANY is based in California, in the United States of
America. The COMPANY makes no claims the Content is appropriate or may be
downloaded outside the United States. Access to the Content (including
Software) may not be legal by certain persons or in certain countries. If you
access the COMPANY site from outside the United States, you do so at your own
risk and are responsible for compliance with the laws of your jurisdiction.
12. Jurisdiction.
You expressly agree that exclusive jurisdiction for any dispute
with the COMPANY, or in any way relating to your membership or use of the
COMPANY, resides in the courts of the State of California and you further agree
and expressly consent to the exercise of personal jurisdiction in the courts of
the State of California in connection with any such dispute including any claim
involving the COMPANY or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers, and content providers. These
Terms and Conditions are governed by the internal substantive laws of the State
of California, without respect to its conflict of laws principles. If any
provision of these Terms and Conditions 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
condition or any other term or condition.
13. Complete Agreement.
EXCEPT AS EXPRESSLY PROVIDED ON THE COMPANY SITE, THESE TERMS
AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH
RESPECT TO THE USE OF THE COMPANY SITE AND ANY SOFTWARE, PROCESSING PROTOCOL,
USED DATA AND CONTENT CONTAINED THEREIN
We implemented ASP .NET web version of the developed Breast
Ultrasound CAD solely for non-diagnostic purposes. The goal of this Internet
deployment is to evaluate the tool and receive feedbacks from the professional
users. The use of the deployed Breast CAD is strictly subject to Disclaimer
that specifically instruct on limitations and intentions of use. In order to
start using the on-line Breast Ultrasound CAD tool please type in the box below
your full name to confirm that you agree with all provisions and clause of the
Disclaimer:
Fill in the additional fields below to register as a user to the
Online Image Companion Processing: