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The following Terms of Use (Terms) apply to your use of the BSD Medial Corporation (BSD Medical) website located at www.bsdmc.com (the Site). By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms, and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse or otherwise use this Site.
BSD Medical may revise these Terms at any time, and such modifications shall be effective immediately upon posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the current Terms to which you are bound. When these terms are revised, we will also revise the "last updated" date at the top of these Terms.
These Terms do not alter the terms and conditions of any other agreement you may have with BSD Medical for products, equipment, services or otherwise, unless otherwise directed by BSD Medical. If you breach any of these Terms, your authorization to use this Site may be automatically terminated and you may be required to immediately destroy any downloaded or printed materials and discontinue use of this Site.
Please read the BSD Medical Privacy Policy, which is incorporated herein by reference. By using this Site, you agree to be legally bound by the BSD Medical Privacy Policy, which discusses and governs our collection and use of any information you submit to us through this Site.
USE RESTRICTIONS
Copyright. This Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files and the selection and arrangement thereof (the Materials) are copyrighted materials of BSD Medial Corporation or its licensors. Permission is granted to display, copy, distribute, and download the Materials on this Site for personal, noncommercial use only, provided you do not modify the Materials and retain all copyright and other proprietary notices contained in the Materials. You may not, distribute, copy, reproduce, display, republish, download, upload or transmit any Materials on this Site for commercial use without prior written approval of BSD Medical. You may not frame or mirror any Material contained on this Site on any other server without prior written permission from BSD Medical. Any unauthorized use of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of BSD Medical or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BSD Medical or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BSD Medical or the Trademark owner. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on this Site, without the express written permission of BSD Medical or the Trademark owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.
Third Party Websites. Links to third party websites on this Site are provided solely for your convenience. If you use these links, you will leave this Site. BSD Medical does not control and is not responsible for these sites, their content or their policies, and your use of such third party sites is subject to their respective terms of use and privacy policies. BSD Medical does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.
User Submissions. Certain areas of this Site enable you to submit e-mails, or otherwise provide feedback or information to BSD Medical. You agree that by submitting content:
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You will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
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You understand and agree that such content will be deemed non-confidential; and
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You grant to BSD Medical the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with BSD Medical's Privacy Policy, and waive any moral rights you may have in such content. Subject to BSD Medical's Privacy Policy, BSD Medical shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
NO MEDICAL ADVICE
This Site may contain general information relating to various medical conditions, their cause, diagnosis tools and potential treatments. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained herein for diagnosing or treating a health problem or disease. You should always consult with a doctor or other healthcare professional.
INFORMATION, NEWS AND PRESS RELEASES
This Site contains information, news and/or press releases about BSD Medical. While this information was believed to be accurate as of the date it was prepared, BSD Medical disclaims any duty or obligation to update this information, news or any press releases, and BSD Medical is not liable for any errors, inaccuracies or omissions in the information contained on this Site. Information about companies other than BSD Medical contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by BSD Medical. BSD Medical reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, seminars, specifications and availability of or provided through this Site at any time, without notice, and without incurring obligations or liability of any kind.
SECURITIES LAWS
Certain statements on this Site that relate to the future performance of BSD Medical or therapies performed on our equipment are "forward-looking" and are subject to risks and uncertainties inherent in our business that could cause actual results to differ materially from the statements. BSD Medical does not undertake responsibility to update such forward-looking statements. A detailed discussion of risks and uncertainties may be found in BSD Medicals Annual Report on Form 10-K and other documents filed with the Securities and Exchange Commission. BSD Medicals recent SEC filings are available on this Site at [insert link]. BSD Medical Corporation is not responsible for nor do we endorse claims made on links included on our website.
SECURITY
This Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to BSD Medical is done so at your own risk.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BSD MEDICAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. BSD MEDICAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. USE OF THIS SITE AND THE MATERIALS AVAILABLE ON THIS SITE IS AT YOUR SOLE RISK. BSD MEDICAL DOES NOT WARRANT THAT THIS SITE, THE MATERIALS, OR THE SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, THE MATERIALS, OR SUCH SERVICES WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL BSD MEDICAL OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold BSD Medical, its directors, officers, employees, consultants, agents, licensors, suppliers and any third party information providers to this Site, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with this Site.
VIOLATIONS
BSD Medical reserves the right to seek all remedies available at law and in equity for violations of these Terms, including suspending or blocking your access to this Site.
GENERAL PROVISIONS
BSD Medical makes no representation that Materials available on or through this Site are appropriate or available for use in other locations. Those who choose to access this Site do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws. These Terms shall be governed by and construed in accordance with the laws of the State of Utah, USA, notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts of Utah (the Utah Courts) for any litigation or dispute arising out of or relating to these Terms and agree the Utah Courts represent the exclusive jurisdiction for all disputes relating to these Terms. Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BSD Medical's failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. BSD Medical may assign its rights and duties under these Terms to any party at any time without notice to you. If any provision of these Terms is deemed invalid or unenforceable for any reason, such invalidity or unenforceability of such provision shall not affect the validity or enforceability of the other provisions of these Terms.
CONTACT INFORMATION
If you have any questions or comments regarding these Terms, please send BSD Medical an e-mail at info@bsdmc.com.
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