By using the ProUroCare Web site, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use this Web site. ProUroCare reserves the right to update or change these Terms of Service at any time and for any reason, without notice.
DISCLAIMERS
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROUROCARE MEDICAL INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROUROCARE MEDICAL INC.. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS IN THIS SITE OR ANY SITE(S) THAT MAY BE LINKED TO THIS SITE AT ANYTIME OR FROM TIME TO TIME.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROUROCARE OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, CONTENT PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS), WHETHER IN AN ACTION IN WARRANTY, CONTRACT, OR TORT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE.
MODIFICATIONS
We may discontinue, add to, modify, upgrade, or replace all aspects of the ProUroCare Web site in our sole discretion and without notice. In particular, we reserve the right in our sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Web site.
However, ProUroCare has no obligation to update any statements or information on this Web site. You should assume that the statement or information on the site is correct only as of the date of its initial posting.
MONITORING
ProUroCare has no obligation to monitor the services offered on the ProUroCare Web site or any use thereof or to retain the content of any user session. However, ProUroCare reserves the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to cooperate with law enforcement or other authorities in investigating a claim of illegal activity. ProUroCare may use IP addresses to identify a user when we believe it is necessary to enforce compliance with our Terms of Service or to protect our service, site, customers, or others.
COPYRIGHTS
All of the content of the ProUroCare Web site, including text, graphics, logos, button icons, images, pictures, audio clips, and software, is the property of ProUroCare, our strategic partners or suppliers, or content providers and is protected by United States copyright laws. The contents of www.ProUroCare.com are copyrighted as a collective work under the United States copyright laws. Except as granted in the limited license below, any other use of this content, including modification, transmission, presentation, distribution, or republication, is prohibited without the prior written consent of ProUroCare.
FORWARD-LOOKING STATEMENTS
Statements on this Web site that express “belief,” “anticipation,” or “expectation” as well as other statements that are not historical fact are “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended. All statements included herein regarding activities, events or developments that the Company expects, believes or anticipates will or may occur in the future, including such things as future capital expenditures (including the amount and nature thereof), business strategy and measures to implement strategy, competitive strengths, goals, expansion and other such matters are forward-looking statements. Actual events may differ materially from those anticipated in the forward-looking statements. Important factors that may cause such a difference include those risk factors include, but are not limited to:
- As a development-stage company, we have no operating history and our business plan has not been tested. We anticipate incurring future losses.
- Our products have not been, and may never be, fully developed.
- Even if finally developed, our products may not be commercially viable.
- Even if successfully developed, our products may not be accepted by the marketplace.
- We will need additional financing in the future and any such financing will likely be dilutive to our existing shareholders.
- The commercialization of our products may be significantly delayed by governmental regulation.
- Rapid technological change in our competitive marketplace may render our proposed products obsolete or diminish our ability to compete.
- We may not be able to compete against companies with greater resources than us.
- Our failure to receive third-party reimbursement will likely result in diminished marketability of our products.
- Our business and products subject us to the risk of product-liability claims.
We refer you to the documents ProUroCare files from time to time with the Securities and Exchange Commission; specifically, our Form 8-Ks and our most recent Form 10-KSB and Form 10-QSB. The statements made on this Web site should be viewed together with the risk factors in those documents.
ProUroCare makes no commitment to update any forward-looking statement included herein or to disclose any facts, events, or circumstances that may affect the accuracy of any forward-looking statement.
STOCK QUOTE DISCLAIMER
The ProUroCare stock price is delayed a minimum of fifteen minutes. The stock price is provided merely for your information and is not intended for trading purposes. Neither ProUroCare nor its stock information provider will be liable for any inaccuracies or delays in the quote or for any actions taken by you in reliance on the quote.
LINKS TO OTHER WEB SITES
The ProUroCare Web site may contain links to third-party Web sites (“Third-Party Sites”). We do not, either expressly or by implication, endorse the content on these Third-Party Sites or any association it may have with third parties. The links are provided for your convenience only. We have no control over such Third-Party Sites, nor do we review the content on them; therefore, we are not responsible or liable for any content, advertising, products, or other materials on or available from such Third-Party Sites. You further acknowledge and agree that we are not responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such Third-Party Site or resource.
INFORMATION SUBMITTED TO PROUROCARE
ProUroCare is in search of innovative medical technology to license and commercialize and is interested in discussing projects or ideas that may have application to non-invasive or less invasive medical diagnostics and monitoring. However, please be aware that if you submit any unsolicited ideas, including ideas for new advertising campaigns, new products or technologies, or new product names, then, in absence, of an agreement between us to contrary, the information will be deemed, and will remain, the property of ProUroCare. None of the information contained in any such materials will be treated as confidential or proprietary, and ProUroCare will not be liable for any use or disclosure of such information, commercial or otherwise.
JURISDICTION
This site is controlled and operated by ProUroCare from its offices within the state of Minnesota, United States of America. All claims relating to this site, the materials contained in it and their use will be governed by and construed in accordance with the laws of the State of Minnesota and of the United States of America, as appropriate. ProUroCare makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
ENTIRE AGREEMENT
Except as expressly provided in a particular “legal notice” on the ProUroCare Web site, these Terms of Service constitute the entire agreement between you and ProUroCare with respect to the use of this Web site and the information, products, customization, materials, services, and advice provided on the Web site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third party software.
TERMINATION
ProUroCare may terminate these Terms of Service without cause at any time and effective immediately. In addition, ProUroCare, in its sole discretion, may terminate these Terms of Service immediately and without notice for violation of any part of these Terms of Service. You may also terminate these Terms of Service by simply discontinuing use of the ProUroCare Web site. If you violate any of these Terms of Service, your permission to use the content of this Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the content.
WAIVER & SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. No waiver of any of the Terms of Service will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Thank you for your cooperation. We hope you find the ProUroCare Web site helpful and convenient to use. If you have any questions or concerns about how your personal information will be treated as you make use of this Web site. Questions or comments regarding this Web site should be directed by e-mail to [email protected].