Prostatitis.net (the “Website”) Terms of Use and Privacy Policy

General

The Website is a men’s health information and education resource assessed by you with the express condition that you agree to be bound by the terms and conditions set forth in these Terms of Use (TOU). We reserve the unilateral right to change any terms and conditions of use at any time, without notice to you, and your obligation is to consult the most recent version of these Terms of Use (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as otherwise modified.

Description of Service

The Website currently 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, ecommerce sales of supplements and other products and various communication tools (the “Service”).

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.

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, resources, studies, testimonials or any written information contained on this Website in whatever form is solely at your own risk. Testimonials and statements by readers in forums, content and communities contained on this Website are specific to that individual user and are not the opinion of the Website or its Editor’s or content providers.

The statements made on this website, as well as any materials or supplements sold or discussed, have not been evaluated by the Food and Drug Administration. Products advertised on the Website are not intended to diagnose, treat, cure, or prevent any disease. Testimonials and any customer statements are direct results obtained by specific individuals and are not typical for all users. You agree that you will not make any purchase decision about any Product advertised or written about on the Website as a result of being induced by any information, advertisement, testimonial or Content contained on the Website.

In no form whatsoever shall we be liable for any treatment decision you make as a result of information that you receive from this Website. Your reliance on such information is solely at your own risk.

SPECIFICALLY, YOU AGREE THAT NOTHING ON THE WEBSITE OR IN ANY CONTENT IS CONSTRUED OR TAKEN BY YOU AS A TREATMENT, CURE OR PREVENTION FOR ANY DISEASE OR AN INDUCEMENT TO PURCHASE ANY PRODUCT OR SERVICE.

Content Policy

This Website develops, publishes and/or provides sponsored content and advertising on behalf of advertising and promotional partners. You agree that you are not making, or will not make, any purchase decision in relation to any Product or service with sponsored content or advertised on the Website as a result of Content you have read on the Website. Your decision to make any purchase decision is the result of your independent evaluation of any product or service and not in reliance on anything you have read on this Website or any study contained therein.

References to studies and clinical trials in relation to natural supplement ingredients are not an endorsement, statement or promotion of any Products or services that include those ingredients. Studies, treatment programs (NPAT, UPOINT, XY Wellness, Wise Anderson etc) or other references as to the use of natural ingredients for treatment of prostatitis are not endorsements of specific products or services containing those natural ingredients and are merely informational only. Such studies, treatment programs or other references do not attest to the efficacy of any Product or natural supplement ingredient to provide the same level of benefit as contained in such study or described in any Content on the Website.

Sponsor Policy and Partnerships

This Website is supported by Sponsors and advertising partners who provide content and information in relation to their products and services. The Website also provides advertising for such products and services (the “Product”). You agree that none of the information, sponsored content or other Content in whatever form will be taken by you as an inducement to make a purchase of any such Product or service. Any information or content you see on this site is for reference only. Any purchase decision you make is a result of your independent evaluation and is not influenced in any form whatsoever by the Content, statements, studies, advertising or any information on the Website. Specifically, Prostatitis.net shall not be construed or interpreted by you in any way whatsoever as an independent website. You furthermore agree that any programs, products or services promoted or published on the Website may, in some cases, be paid for and/or associated with our advertising or related partners.

Copyright and Trademark Information – Intellectual Property Rights

Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission.

The related design marks, and other trademarks on the Web Site 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.

Force Majeure

You acknowledge and understand that if the Website is unable to provide the Content as a result of a force majeure event, the Website will not be in breach of any of its obligations toward you under these TOU. A force majeure event means any event beyond the control of the Website. THE WEBSITE SHALL NOT HAVE ANY LIABILITY TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

Domestic Use and Export Restriction

We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the 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 the Website may be downloaded in violation of United States law.

Arbitration

All disputes arising out of or relating to this TOU (including its formation, performance, or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in California before and in accordance with the rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this TOU will be joined to an arbitration involving any other party subject to this TOU, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in California to enforce this TOU or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

(a) DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEBSITE, THE SERVICES, THEIR USE, AND ANY INFORMATION ON CONTAINED THEREIN: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) 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 TOU, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR CAUSE, MERCHANTABILITY, AND NON-INFRINGEMENT.

(b) HEALTH-RELATED INFORMATION. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTHCARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ANY PRODUCT INSTRUCTIONS PRIOR TO USE. IN ADDITION, TESTIMONIALS OF BENEFITS ARE OF INDIVIDUAL USERS AND ARE NO GUARANTEE OF SIMILAR RESULTS BEING ACHIEVED AND YOU SHOULD NOT RELY ON SUCH.

(c) PRODUCTS. ALL PRODUCTS ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, PROVIDED IN THE PRODUCT PACKAGING. 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.

(e) EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

(f) LIMITATION OF LIABILITY. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOU, INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE OR THE PRODUCTS, EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

(g) WE SPECIFICALLY DISCLOSE THAT WE MAY HAVE FINANCIAL AND OTHER PARTNERSHIPS AND/OR ASSOCIATIONS WITH CERTAIN OF THE PARTIES, COMPANIES AND PRODUCTS ADVERTISED ON THE WEBSITE INCLUDING COMPANIES THAT SELL CERTAIN PRODUCTS THROUGH THE STORE OR WHO OTHERWISE ADVERTISE ON THE WEBSITE. IN NO WAY WILL WE BE LIABLE FOR ANY CLAIM THAT WE FAILED TO DISCLOSE SUCH ASSOCIATIONS. YOUR USE OF THE WEBSITE IS ON THE EXPRESS CONDITION THAT YOU ARE AWARE THAT THE WEBSITE IS A “FOR-PROFIT” WEBSITE AND PROVIDES SOME SPONSORED CONTENT AND ADVERTISING ON THE BASIS OF PROFIT AND FINANCIAL REWARD. YOUR DECISION TO MAKE A PURCHASE OF A PRODUCT OR SERVICE SEEN ON THE WEBSITE IS NOT ON THE BASIS OF ANY INFORMATION OR CONTENT ON THE WEBSITE AND IS BASED ON YOUR INDEPENDENT REVIEW AND EVALUATION AND WE WILL NOT BE HELD LIABLE FOR ANY CLAIM OR ACTION RELATED THERETO.

Waiver of Class Action Rights

BY ENTERING INTO THIS TOU, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOU, THE WEBSITE OR ANY PRODUCTS ADVERTISED ON THE WEBSITE MUST BE ASSERTED INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHER CLASSES, PERSONS OR GROUPS OF PEOPLE.

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 the 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.

Additional Terms

This TOU will be binding upon each party hereto, as well as upon its successors and permitted assigns, governed by and construed in accordance with the laws of the State of California, without regard for conflict of law principles. These TOU, and all of your rights and obligations under them, may not be assigned or transferred by you without our prior written consent. No failure or delay by a party in exercising any right, power, or privilege under this TOU will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof, or the exercise of any other right, power, or privilege under this TOU. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOU. The invalidity or unenforceability of any provision of this TOU will not affect the validity or enforceability of any other provision of this TOU, all of which will remain in full force and effect.

Privacy Policy

Effective June 2011 this privacy statement covers personally identifiable information and anonymous data collection through aggregate reporting.

Personally identifiable information is any general information that is associated with your name or personal identity (such as your name, address, social security number, credit card number, email address etc.). Anonymous (non-personal) data is information about usage and service operation, reported in aggregate, which is not associated with a specific personal identity (such as browser type, IP addresses, etc.).

From time to time, we may ask you to provide us with personally identifiable information about you through our website www.prostatitis.net. We use this information to better understand your needs and interests, and to provide you with better service. Once you choose to provide us with personal information, it will only be used to support your relationship with us and, in some cases, provide offers and information by our partners and affiliates.

Anonymous (non-personal) data is collected in aggregate for reporting about our website usability, performance, and effectiveness. It is used to improve the customer experience, usability and site content.

The Website also contains links to other websites. We are not responsible for the content or privacy practices of these other sites. We encourage our members, customers and users to be aware when they leave our site and to read the privacy statements of each and every website they visit that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

What We Collect

On the Prostatitis.net website, you can order products, make information requests, or sign up to receive news and information from us. The types of personal information you provide to us on these pages may include name, address, phone, email address, user IDs and passwords, billing information, transaction, credit card information and contact preferences.

Anonymous (non-personal) data we collect may include the pages visited on the Website, unique URLs visited within our Website, browser type and IP address. Most anonymous data is collected via cookies (see below) or other analysis technologies.

From time to time, we may share aggregated demographic and/or email information with our partners and advertisers. This is not linked to any personally identifiable information.

To help us improve the quality of our website, we use an external service that provides real-time reporting on the use of our website, including page views, unique views, unique visitors, repeat visitors, frequency of visits, and peak-volume traffic periods. We do not use this service to gather, request, record, require, collect or track a user’s personally identifying information.

Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying FTC regulation establish United States federal law that protects the privacy of children using the Internet. We do not knowingly collect personal information from children under 13 and our products and services do not target information to children under 13. Our sites are not intended to solicit information of any kind from children under 13, and we have designed our sites to block our knowing acceptance of information from children under 13 whenever age-related information is requested.

It is possible that by fraud or deception by others, we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information from our servers. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at contact@prostatitis.net. We are committed to protecting the privacy needs of children and we encourage parents to take an active role in their chil­dren’s online activities and interests.