Terms and Conditions

Please read these Terms and Conditions of use carefully before using this Site.

Welcome to www.understandbph.com, the Web site (the “Site”) administered by Academic Network (ANW). The information provided on the UnderstandBPH.com Web site is designed to support, not replace, the relationship that exists between a patient/visitor and his/her physician.

Please carefully review these Terms and Conditions (“Terms”). Your use of this Site constitutes your acceptance of these Terms. If you do not agree to abide by all of the provisions contained in these Terms, you must not use or access the Site. ANW also may make changes to these Terms, which will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Site. These Terms were last updated December 20, 2004.

1. Scope
We control and operate this Site from the United States of America. This Site is intended for use by U.S. residents only and contains information regarding ANW services available for sale or distribution within the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to services on the Site do not imply that ANW intends to announce or offer these services in your country.

2. Users
Visitors to the Site may use the Site for informational purposes and are subject to these Terms. In addition, certain areas of this Site may contain information intended only for medical professionals.

Our Site is not generally intended for use by children under the age of 13, and ANW does not knowingly collect Personal Information from children in this age group.

3. Modifications to Site
ANW reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. ANW shall not be liable to you or any third party in the event that ANW exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms.

4. Copyright Notice
All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of ANW, its sponsors, affiliates or subsidiaries, or third parties who have licensed their trademarks to ANW or one of its sponsors, affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by ANW, its sponsors, affiliates or ANW's third party licensors (“Content”) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized by ANW, its sponsors, affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.
You may download, view, copy and print Content, subject to the following:
(a) the Content may be used solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
(c) the Content may not be modified or altered in any way; and
(d) no graphics may be used separate from accompanying text. Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of ANW. Requests for such permission should be made to anw@academicnetwork.com. Any rights not expressly granted herein are reserved. Please be advised that ANW enforces its intellectual property rights to the fullest extent of the law.
Certain product, service, or company designations for companies other than ANW may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where ANW is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

5. No Medical Advice
The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.
We may also include certain information, reference guides and databases intended for use by licensed medical professionals. These tools are not intended to give professional medical advice. Physicians and other health care providers should always exercise their own clinical judgment for any given situation.

6. User Feedback
ANW is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that ANW and its employees do not accept or consider unsolicited ideas, including ideas for new services or technologies, processes, materials or marketing plans. Please do not send your unsolicited ideas or any original materials to ANW or anyone at ANW. If, despite this request, you still send ANW your ideas and materials, please understand that by submitting the information through this Site, you assign ANW, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to ANW that you have the right to do so.

7. Links
The Site may provide links to Web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked Sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by ANW. ANW does not review, monitor or check the accuracy of content published on third party Sites, and is not responsible for the availability of, and content provided on, third party Sites. If you choose to purchase any products or services from a third party, your relationship is directly with the third party and ANW is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third party Web sites may contain information about uses of products that have not been approved or cleared by the U.S. Food and Drug Administration. ANW does not endorse the off-label use of any of the products listed on our Site.
In general, in the absence of any other agreement with Academic Network, you may link or hyperlink to the home page of the Site from your Web site, subject to the following:
(a) you notify us by e-mail at anw@academicnetwork.com specifying the URL of each page from which you will be linking to our home page;
(b) you do not frame the Site or any portion of the Site;
(c) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
(d) the link or hyperlink to the Site is not used in a way that suggests that ANW endorses you or your Web site;
(e) the link is identified using a plain text rendering of the ANW name and not any trademark or ANW logo;
(f) the link or hyperlink to the Site is not used or presented in any way that disparages ANW or tarnishes, blurs, or dilutes the quality of ANW’s names or trademarks or any associated goodwill; and
· you agree that we may terminate your right to link or hyperlink to the Site at any time for any reason or no reason.

8. Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ANW MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT, MATERIALS, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ANW SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANW OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Limitation of Liability
IN NO EVENT SHALL ANW BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY SERVICES PROVIDED THROUGH THE SITE, EVEN IF ANW WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. No Resale of the Site
Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of ANW.

11. Privacy Policy
See the Privacy Policy link to view the privacy policy.

12. Indemnity
You agree to indemnify, defend and hold ANW, its parents, subsidiaries, sponsors, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms.

13. Export Restrictions/Legal Compliance
ANW controls this Site from within the United Sates of America. You may not access, download, use or export the Site or the Content in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations.

14. General
In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. ANW's failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to subsequent or similar breaches.

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the state and federal courts located in Multnomah County, Oregon. ANW may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of ANW.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by ANW on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. Sections 3, 4 (excluding the second paragraph), 5, 6, and 9 through 16 shall survive termination of these Terms.

15. Acknowledgment
By accessing this Site, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

16. Contact Information
If you have any questions regarding these Terms or the Site, please contact ANW at anw@academicnetwork.com.

U.S. Health Information Privacy (HIPAA)
We understand that some of our Web site visitors are “Covered Entities” under the Health Information Portability and Accountability Act (“HIPAA”) privacy regulations. As a HIPAA Covered Entity, our customers are legally obligated to maintain the privacy of all patient information that they create or receive. While Academic Network is not a HIPAA Covered Entity, we recognize the impact that the HIPAA privacy regulations have on our customers. Academic Network is committed to interacting with you as responsible professionals who are dedicated to maintaining the privacy of information that we receive on-the-job, consistent with applicable law and regulations.

To perform our jobs, ANW employees may create, develop or receive information about patients' experiences with a sponsor's product in a variety of situations, including:

• We provide information or technical support for our sponsor's products.
• We receive questions and suggestions about our sponsor's products and services from patients, nurses, physicians and other health care providers.
• We collect, analyze and re-analyze our data in a continuous effort to assist our sponsor with improving the design, quality and functioning of their products.
  

Disclaimer: This material is provided for information purposes only and is not a substitute for a consultation. You should talk with a urologist regarding your specific symptoms or medical condition.