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Website Terms of Use

Welcome to BreastReconstruction.org. The following Terms of Use apply to your use of this website and the information and content available on BreastReconstruction.org.

Separate Terms of Use apply to your use of the interactive features on the website and user-submitted content (e.g., bulletin boards, forums, live chat, etc.). To review the special Terms of Use that apply to such features and content, please click here.

You can review our Privacy Policy by clicking here.

By visiting, registering for, accessing, reviewing and/or otherwise using our website and its information and content you accept, without limitation or qualification, the following Terms of Use and the separate Terms of Use applicable to user-generated content (accessible by clicking here), which together constitute an Agreement between you and BreastReconstruction.org. We may change these terms from time to time. Please read and review these Terms of Use carefully before using this website. If you do not agree to these Terms of Use, you may not access or use the website.

As used in these Terms of Use, “BreastReconstruction.org” includes BreastReconstruction.org, BRO Development, LLC and all of its subsidiary and affiliated corporate entities and companies. BreastReconstruction.org may be referred to in these Terms of Use as “we,” “us,” “our” and “ourselves.”

1. Acceptance Procedure

By accessing or using our website and/or registering with BreastReconstruction.org, you agree with all of the terms and conditions of this Terms of Use and the separate Terms of Use applicable to user-generated content (accessible by clicking here). You agree to indemnify, defend and hold harmless BreastReconstruction.org, BRO Development, LLC and its subsidiaries and affiliates, and each of their managers, members, officers, directors, shareholders, employees and agents, from and against all liabilities, losses, expenses, damages and costs (including attorneys’ fees), resulting from any violation by you of these Terms of Use and the separate Terms of Use applicable to user-generated content (accessible by clicking here).

We reserve the right, at our sole discretion, to change the terms and conditions of these Terms of Use from time to time, and your continuing use of our website constitutes your acceptance of and agreement to any changed terms and conditions. We will post any such changes in a timely manner, and draw your attention to any significant changes.

2. Not Professional Medical Advice

We include a variety of information and content on our website, including articles, data, references, interactive community tools and advertising. This website also contains general information relating to medical conditions, their treatment, and healthcare services and/or supplies. Additionally, physicians and other healthcare professionals may contribute such information and articles to the website.

ALL INFORMATION AND CONTENT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED AND LICENSED HEALTHCARE, CLINICAL OR MEDICAL PROFESSIONAL PURSUANT TO PERSONAL EXAMINATION AND PROFESSIONAL CONSULTATION.

BREASTRECONSTRUCTION.ORG DOES NOT ENDORSE NOR IS IT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS OR TIMELINESS OF ANY OPINION, ADVICE OR STATEMENT ON BREASTRECONSTRUCTION.ORG. THE PROVISION OF OPINIONS, ADVICE OR STATEMENTS ON THE WEBSITE CONTRIBUTED BY A PHYSICIAN IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CREATE OR OTHERWISE CONSTITUTE A PHYSICIAN-PATIENT RELATIONSHIP.

While we hope you find it helpful, you should not use the information contained herein for diagnosing a health problem, disease or condition or for selecting a specific course or method of treatment. Healthcare professionals using this website should remember that this information is not meant to serve as a substitute for your medical or clinical judgment as a healthcare professional. Healthcare consumers should not rely on the information on this website as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns and/or decision making, including decisions about medications, surgery and other treatments, individuals should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. HEALTHCARE CONSUMERS WHO USE THE INFORMATION ON THIS WEBSITE DO SO AT THEIR OWN RISK.

WE DO NOT MAKE ANY REPRESENTATIONS, ASSURANCES, WARRANTIES OR GUARANTEES RELATED TO OUR WEBSITE OR THE INFORMATION AND CONTENT THEREON, INCLUDING THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS OR TIMELINESS OF THAT INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. It is your responsibility to evaluate the information provided on the website. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we strongly encourage you to confirm the information contained on our website with other sources before undertaking any course of action based on it. If you are a healthcare consumer, you should evaluate the information together with your physician and/or another qualified healthcare professional.

Use at Own Risk; Limitation of Liability

YOUR USE OF BREASTRECONSTRUCTION.ORG IS AT YOUR OWN AND SOLE RISK.

IN NO EVENT SHALL BREASTRECONSTRUCTION.ORG OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON OR ENTITY FOR ANY LOSS OR INJURY OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR OTHERWISE RESULTING FROM YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, WITH REGARD TO ANY OMISSIONS, ERRORS OR INACCURACIES OF INFORMATION AND CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR THAT MAY RESULT FROM ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED THROUGH BREASTRECONSTRUCTION.ORG. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL ECONOMIC LOSS, PERSONAL INJURY, ILLNESS OR DEATH OR LOSS, LIABILITY OR DAMAGE OF ANY KIND, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BREASTRECONSTRUCTION.ORG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT BREASTRECONSTRUCTION.ORG SHALL NOT BE LIABLE FOR USER POSTINGS, MESSAGES OR SUBMISSIONS OR FOR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

4. Links to Other Websites

BreastReconstruction.org contains links to external websites (owned and operated by third parties) that are neither the responsibility nor under the control of BreastReconstruction.org. Similarly, this website may be accessed from third-party links over which BreastReconstruction.org has no control. BreastReconstruction.org cannot attest to the accuracy, reliability, currentness, timeliness or completeness of the information on any other website -- the information provided is entirely the responsibility of the operator of the external website visited and BreastReconstruction.org shall have no liability for any losses, damages or injuries of any kind arising from such third party content or information. Further, BreastReconstruction.org does not endorse any content or information on such websites or any commercial products or services that might be advertised or sold on these external websites. In the event that any external website relates to the provision of medical, healthcare or related services and/or items - or any other product or service - a link to such third party website on BreastReconstruction.org does not constitute a recommendation by BreastReconstruction.org of the healthcare provider or supplier or an endorsement of or representation about the quality of their products, services, qualifications, credentials or experience.

YOU ASSUME THE SOLE RISK OF ACCESSING SUCH WEBSITES AND/OR PURCHASING OR OTHERWISE UTILIZING SUCH THIRD PARTY PRODUCTS AND/OR SERVICES.

5. Sponsorships and Advertising

You understand that paid sponsorships and advertising may be used to supplement the information, content and materials available on BreastReconstruction.org. BreastReconstruction.org is not responsible for the information, content, advertising, products, services or other materials made available by any third party that are advertised or otherwise distributed through the BreastReconstruction.org website. BreastReconstruction.org is not responsible for the content of any third-party sponsor’s or advertiser’s website to which BreastReconstruction.org links. In all cases involving materials available on or otherwise distributed through the BreastReconstruction.org website, the disclaimers, limitations of liability and other provisions of these Terms of Use shall apply. With respect to any other content, products, goods or services available on any third-party website, under no circumstances will BreastReconstruction.org be held responsible or liable, directly or indirectly, for any loss, injury or damage of any kind that is caused in connection with the use by you of, or reliance on, any such materials. You should direct any and all issues and concerns to such third party.

6. Health Privacy Laws: Strictly Prohibited Use

BY AGREEING TO THESE TERMS OF USE AND USING BREASTRECONSTRUCTION.ORG, ANY AND ALL INDIVIDUALS OR ENTITIES SUBJECT TO HEALTH PRIVACY STATUTES, REGULATIONS OR OTHER PRIVACY LAWS, WHETHER FEDERAL, STATE OR LOCAL, HEREBY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BREASTRECONSTRUCTION.ORG STRICTLY PROHIBITS THE ENTRY OF “PROTECTED HEALTH INFORMATION” (PHI) INTO BREASTRECONSTRUCTION.ORG BY SUCH PARTIES WHETHER OR NOT ON BEHALF OF ANY BREASTRECONSTRUCTION.ORG USERS OR REGISTRANTS AS THAT TERM (“PROTECTED HEALTH INFORMATION”) IS DEFINED BY THE REGULATIONS OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA), SET FORTH IN 45 C.F.R. PARTS 160 THROUGH 164, AND IN ACCORDANCE WITH ANY OTHER FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS, AND ANY AMENDMENTS THERETO, PROMULGATED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES AND/OR ANY OTHER FEDERAL, STATE OR LOCAL ADMINISTRATIVE AGENCY, REGULATORY OR LEGISLATIVE BODY, RELATING TO THE PRIVACY OF HEALTH INFORMATION. INDIVIDUALS OR ENTITIES SUBJECT TO SUCH HEALTH PRIVACY LAWS, AND ALL OTHER USERS OR REGISTRANTS, FURTHER ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BRO DEVELOPMENT, LLC IS NOT A “BUSINESS ASSOCIATE” OF ANY SUCH PARTIES UNDER HIPAA AS THAT TERM IS DEFINED BY 45 C.F.R. 160.103.

7. Financial and/or Legal Information

Any and all financial or legal content available on our website, including but not limited to financial information or data, legal information (including cases, statutes or regulations), summaries thereof or references thereto, editorial content and advertising, does not constitute investment or legal advice, nor is it an offer to buy or sell or a solicitation of an offer to buy or sell any security. SUCH INFORMATION IS PROVIDED FOR PERSONAL USE AND ENTERTAINMENT AND FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT MEANT TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A DULY LICENSED FINANCIAL OR LEGAL PROFESSIONAL. For legal advice or decisions, always consult a licensed attorney. For investment advice or decisions, always consult an appropriate professional investment advisor and/or accountant. Financial or legal content that appears on our website does not indicate that BreastReconstruction.org endorses such content. In addition, BreastReconstruction.org makes no representation that financial or legal information is accurate, reliable, current, timely or complete.

8. Copyright Ownership; Notification of Possible Copyright or Other Infringement

You acknowledge and agree that BreastReconstruction.org consists of proprietary property of BreastReconstruction.org and BRO Development, LLC protected under United States copyright law, trademark law and other laws of general applicability. You further agree that all right, title and interest in and to BreastReconstruction.org are and shall remain with BreastReconstruction.org and BRO Development, LLC.

BRO Development, LLC owns and/or licenses the information and content on BreastReconstruction.org. All content on, as well as the design of, our website is protected under United States and international copyright laws. For information appearing on our website under license from a third party, all copyrights in that information remain with that third party. You may look at our website online, download individual articles to your personal or handheld computer for later reading, and even print a reasonable number of copies of pages for yourself, your family or friends. You must not remove any copyright notices from our materials. We reserve all of our ownership and other rights. You are prohibited from selling our copyrighted property, rewriting or modifying it, redistributing it, putting it on your own or other website, or using it in any other manner for any commercial purpose without our prior written permission.

In the event you believe that material or content published on the website may infringe on your copyright, or that of another, please notify us immediately by providing detailed written notice of such possible infringement to the attention of Dr. Randall Feingold, by sending a detailed e-mail message (identifying the potentially infringing material with particularity, including the direct website link to such material where possible and/or other information reasonably sufficient to permit us to locate and identify the material) to drfeingold@breastreconstruction.org, or write to:

BreastReconstruction.org
Subject: Copyright (or Other) Infringement
Attn: Dr. Randall Feingold
833 Northern Boulevard, Suite 160
Great Neck, NY 11021

BreastReconstruction.org does not permit copyright infringing activities and infringement of other intellectual property rights on its website, and BreastReconstruction.org will remove all such content and user submissions if properly notified that such content or user submission infringes on another’s intellectual property rights. BreastReconstruction.org reserves the right to remove content and user submissions without prior notice. BreastReconstruction.org will also terminate/cancel a user’s registration (or access to the website), if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice.

9. Trademarks and Other Rights

BRO Development, LLC owns the names we use for our products and services on our website, and these names are protected by United States and international trademark laws. All trademarks used on our website and downloadable materials, regardless of the presence or absence of the trademark symbol, are the property of their respective owners. You may use our trademarks for a non-infringing, non-commercial use, such as when discussing us with others, but you must not use our trademarks in a manner that misleads others as to ownership of those marks. Any other uses of our trademarks require our prior written approval.

The use or misuse of the trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that BreastReconstruction.org actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

10. Software, Databases and Other Products

We may make software and accompanying documentation available for viewing, downloading and/or printing from our website. These materials are the copyrighted work of BRO Development, LLC or of the individuals or companies that have licensed the software, databases or other products to us. We do not transfer any ownership rights in software, databases or documentation to you when you download it from our website; rather, you are allowed to access the software, data and documentation under the terms of a license agreement. You must read the license agreement that accompanies each product and indicate your agreement to those terms prior to downloading. You are not authorized to attempt to recreate or reverse engineer our software. In addition, software available on our website may be subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.

11. Laws that Govern this Agreement

BRO Development, LLC operates the BreastReconstruction.org website from its offices within the State of New York in the United States of America. The website can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the website may differ, by accessing the website both you and BreastReconstruction.org agree that the laws and regulations of the State of New York, without regard to choice of law or conflict of law principles, will apply to all matters relating to use of our website. Any legal action or proceeding related to this website shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nassau County, New York.

This website and its contents are intended to comply with the laws and regulations of the United States. Although the information on this website is accessible to users outside of the United States, the information on the website pertaining to BreastReconstruction.org products or other products is intended for use only by residents of the United States. Other countries may have laws, rules and regulatory requirements that differ from those in the United States. BreastReconstruction.org makes no representation that materials on its website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws. BreastReconstruction.org reserves the right to limit provision of our products or services to any person, entity, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this website is void where prohibited.

If any provision of these Terms of Use and the separate Terms of Use applicable to user-generated content (accessible by clicking here) is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Date last modified: October 21, 2007.