Effective Date: 01/28/2013
Prolacta reserves the right to modify this Agreement at any time. Prolacta may amend this Agreement from time to time at its sole discretion, and will do so by posting the new Agreement on the Site in place of the old. Each and every such amendment shall be effective immediately when posted. It is Your responsibility to frequently check the Site for updates of this Agreement. Your continued usage of the Site after the effective date of any such change constitutes Your acceptance of all such changes. If any modification is not acceptable to You, Your sole remedy and recourse is to discontinue use of the Site.
2) DISCLAIMER; LIMITATIONS OF LIABILITY
The content and materials provided on the Site are for information purposes and general interest only. Prolacta makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the information provided on the Site. Prolacta assumes neither responsibility for any errors or omissions in the content of the Site nor any liability to update or correct the information contained in the Site.
Prolacta, and its officers, directors, employees, contractors, affiliates, affiliated milk banks, advisors, representatives, distributors or licensors are NOT providing material to You for the purpose of giving medical advice. Therefore, You cannot rely on the materials in this Site in deciding upon a treatment plan, device usage, or any other medical advice regarding any disease or medical condition. The Site is not meant as a substitute for professional medical advice. Always consult a physician to discuss diagnosis of illness or physical problem, and to determine the right treatment options for You.
From time to time, Prolacta may post content on the Site including opinions from scientists or doctors, press releases, newsletters, blog posts, articles, stories, marketing and advertising materials, newspaper articles and/or related material regarding its technology or Prolacta products. The information posted represents only the personal opinions of the respective authors of the information, and such opinions are not necessarily those of Prolacta. Prolacta accepts no responsibility for any information that You may receive from this Site.
Prolacta reserves the right to delete, modify or supplement the content of this Site at any time for any reason.
THE SITE AND MATERIALS CONTAINED HEREIN ARE PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USAGE OF THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE IS AT YOUR OWN RISK. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, PROLACTA’S TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY CLAIM AND/OR CAUSE OF ACTION WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, IN ASSOCIATION WITH YOUR USE OF THE SITE DURING THE TERM OF THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER PROLACTA NOR ANYONE ASSOCIATED WITH PROLACTA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
You understand that Prolacta cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. PROLACTA WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
In no event shall Prolacta, its affiliates or licensors, Officers, Directors, Agents, Service Providers or Employees be liable for any damages of any kind, (including, without limitation compensatory, punitive, incidental or consequential damages) personal injury, wrongful death, lost profits or damages resulting from the use of, or inability to use, this Site, or any website linked to it, any content on the Site or such other websites, or any action taken based on the information provided on the Site, whether based on warranty, contract, tort or any other legal theory, and whether or not Prolacta or any other agent of Prolacta is advised of the possibility of such damage.
3) THIRD PARTY MATERIAL AND LINKS
Prolacta shall not be liable for any direct, indirect, consequential, punitive or other damages or losses related to Your use of third party websites or services. You assume full responsibility when You use any services or products from a third party or follow any links that lead to third party websites, and You agree to defend, indemnify and hold Prolacta harmless from and against any claims, actions or demands, rising from or related to Your accessing or using any such third party websites, including, without limitation, reasonable legal and accounting fees.
4) GLOBAL REACH OF THE INTERNET
The products, services and/or medical procedures described in the Site are only available in particular countries of the world. The products and/or services may be available under distinct trademarks or service marks in different countries and/or may be subject to different regulatory schemes depending on the country. Please check with a local provider or distributor regarding the availability of the products, services and medical procedures available in Your country.
5) ACCEPTABLE USE
Prolacta strictly enforces compliance with its acceptable use terms under this section. You agree that Your visits to the Site are in full compliance with the terms set forth below.
You agree and certify that:
1. You are a natural person age eighteen (18) or older who has authorization to enter into legally binding contracts;
2. You will view and download the information and other materials at or through the Site only for Your personal, non-commercial use, provided that You retain all copyright and other proprietary notices contained in the original materials on any copies of the materials;
3. When reviewing the Site, You will not violate the laws, regulations, ordinances or other such requirements of any applicable governmental authority;
4. You will not undertake any action which is harmful or potentially harmful to the Prolacta infrastructure or the data of any Prolacta customer (including transmitting worms, viruses or any code of a destructive nature);
Failure to so comply, in Prolacta’s sole discretion, may result in Prolacta immediately preventing You from gaining access to the Site, deleting any and all of Your information contained on the Prolacta servers, and/or initiation of legal action against You.
6) INTELLECTUAL PROPERTY
The trademarks, common law trademarks, domain names, corporate names, trade names, brands, logos, designs and service marks appearing on the Site (“Marks”) are the property of Prolacta or other third parties. Nothing contained herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without the prior written permission of Prolacta, or such third party that may own such Mark displayed on the Site. Third party Marks are the property of their respective owners. All of the goodwill in relation to the Marks enures soley to Prolacta.
You acknowledge that Site and/or content, including but not limited to, the Site design, text, graphics, designs, sound, photographs, images, artwork, icons, sound, video, graphics or other material contained on the Site, or presented to You through the Site, (“Content”) are either the property of or are used with permission by, Prolacta, and Prolacta does not waive any of its proprietary rights to such information. The Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not copy, reproduce, distribute any Content, or create derivative works from this Content without express written authorization of Prolacta.
Any communication or material You transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything You transmit or post may be used by Prolacta for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Prolacta will be free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
The sender of any communications to this Site or otherwise to Prolacta shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
8) CHOICE OF LAW
The Site is operated by Prolacta from its offices in Monrovia, California, United States of America. As such, the Agreement, and any dispute or claim arising there from or thereto, shall be governed by and construed in accordance with the internal laws of the State of California, excluding its conflict of law provisions. You and Prolacta agree to submit to the exclusive jurisdiction of the courts of the State of California and further agree that the exclusive venue for any cause of action arising under or relating to this Agreement shall be the Superior Court in and for Los Angeles, California, although Prolacta retains the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You and Prolacta agree that any cause of action or claim arising out of or related to the Agreement must commence within one (1) year after the cause of action or claim arose; otherwise, such cause of action or claim is permanently barred.
You agree to fully defend and indemnify and hold harmless Prolacta, its licensors and service providers, and its and their respective officers, directors, employees, contractors, representatives, agents, licensors, suppliers, successor and assignors, of and from any and all third party claims, liabilities, causes of action, demands, judgments, awards, losses, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of Your use of the Site or Your breach of any representation, warranty, covenant or obligation contained in this Agreement and any incident or claimed incident of any copyright, trademark or other intellectual property right of any third party, or arising out of any or relating to Your violation of this Agreement, which is in any way related to Your visit to the Site. Choice of counsel remains exclusively that of Prolacta.
If any provision of the Agreement is determined by an arbitrator or court of competent jurisdiction to be contrary to applicable law, then such provision shall be construed as nearly as possible to conform to applicable law and the other provisions of this Agreement shall remain in full force and effect.
The Agreement (i) constitutes the entire agreement between You and Prolacta and supersedes all prior and contemporaneous understandings or agreements between the parties, both written and oral, regarding the subject matter contained herein, and (ii) may be modified or amended only in the manner expressly set forth herein.
Prolacta’s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Prolacta in writing.
The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
757 Baldwin Park, City of Industry, California, 91746 USA