Prostate Smart Websites and Services
Last Updated: October, 2017
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND SERVICES.
These Terms of Service (the “TOS”) apply to services (collectively “Services”) owned and operated by Soar BioDynamics, Inc. (the “Company”, “Soar”, “we” or “us”) that are intended for individual use for non-commercial purposes, including: 1) our websites and the mobile optimized versions of these sites (we refer to these websites collectively as the “Sites”); 2) our analysis services (“Analysis”); and 3) our software applications (“Apps”) for use on computers and mobile devices.
By accessing or using any of these Services, you agree to be bound by the TOS. If you do not agree to all of these TOS, do not use any of the Services provided by the Company. Sites include but are not limited to ProstateSmart.info, subdomains of ProstateSmart.info and other related websites that may be created from time to time. For some Services, acceptance of the TOS by clicking to accept or agree to the TOS is required before starting to use the Services.
The Sites Are Built Using the Weebly Platform
The Services Do Not Provide Medical Advice
The Services do not provide medical advice, diagnosis or treatment. The content contained in the Sites or provided by the services, such as the results of Analysis, output of Apps, text, graphics, images, information obtained from links to other websites, and other material provided by the Services or contained on the Sites (collectively, the "Content") is for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in content provided by the Services or the Sites.
If you think you may have a medical emergency, call your doctor or 911 immediately. The Company does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Services or Sites. Reliance on any information provided by the Company, its employees, others appearing on the Sites at the invitation of the Company, or by the Services is solely at your own risk.
The Services and Sites may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Sites.
We are committed to protecting the privacy of children. You should be aware that the Services and Sites are not intended or designed to attract children under the age of 18 and by accessing the Services or Sites you represent and warrant to the Company that you are 18 or older. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS THE SERVICES OR THE SITES AT ANY TIME OR IN ANY MANNER. Once we are notified that we are in possession of such information, we will delete any information in our databases that originates from a person under the age of 18.
Description of the Services and Sites
The Services and Sites are websites, Analysis services and Apps operated by the Company that provide certain health information and analysis related to the prostate and other health considerations. Unless explicitly stated otherwise, each new Service and Site and each new feature that augments or enhances the current Services and Sites shall be subject to the TOS. You acknowledge and agree that the Services and Sites are provided "AS-IS". As scientific knowledge and technology evolve, the Company plans to evolve the Services and Sites in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services and Sites may change from time to time without prior notice to you. As part of this continuing evolution, you acknowledge and agree that the Company may stop (permanently or temporarily) providing some or all of the Services and Sites (or any Content within the Services and Sites) to you or to users generally at the Company’s sole discretion, without prior notice to you. You may stop using the Services and Sites at any time. The Company assumes no responsibility for the use of the Services and Sites outside the terms of the TOS or other applicable terms.
In order to use the Services and Sites, you may need to obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while the Company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through Sites or on the amount of storage space used for the provision of any Services and Sites, such fixed upper limits may be set by the Company at any time, at the Company’s discretion.
Speculative Analysis – The Services provide speculative analysis and reports that may inform discussions with physicians and confidants about prostate cancer screening strategy. These Services may be based on speculative scenarios created through analysis of information in comparison to published results of medical studies, where the information may be examples or provided by you. These scenarios are speculative because of: 1) imperfect knowledge about prostate cancer, its risks and the effectiveness of screening actions; and 2) assumptions that must be made to complete the analysis, such as the growth rate in prostate cancer risk. Interpretation depends on life expectancy, personal risk preferences and prostate cancer screening strategy. Consult your physicians before considering any actions.
Free Services are provided on the Sites at no charge. You will be asked to make a donation if you found the Free Services useful. You can make a donation through the Sites using Weebly’s ecommerce store capabilities. Weebly collects your payment information if you purchase a subscription. Please consider purchasing anonymously, as described in the Premium Reports Services below, if you are worried about providing any personal information.
Economy Analysis Services are offered and provided on the Sites. Free forms downloadable from the Sites and other information on the Sites help you perform analysis of your information relating to your PSA trends and prostate cancer risks. Based on the results of your analysis you may purchase a speculative example report, which might be informative for your situation and inform your discussions with your physicians. You can purchase an example report through the Sites using Weebly’s ecommerce store capabilities. Weebly collects your payment information if you purchase a report. Please consider purchasing anonymously, as described below, if you are worried about providing any personal information.
Premium Report Services are offered and provided on the Sites anonymously, where protecting anonymity is your responsibility. Premium Report Services include PSA Trend Reports and Prostate Cancer Screening Strategy Reports based on information that you provide anonymously. Reports are based on speculative analysis and might be relevant for your situation and might inform your discussions with your physician(s). You can purchase one or more reports anonymously using Weebly’s ecommerce store capabilities. Weebly collects your payment information if you purchase a subscription. For Premium Report Services, we do not want any information that might help identify you and connect you with the information that you send us to analyze and that we use to create Premium Reports. Before purchasing Premium Report Services, you must agree to these TOCs and accept responsibility for anonymity, as described below.
You Are Responsible for Protecting Your Anonymity
You are responsible for protecting your anonymity for Premium Report Services and optionally for Economy Analysis Services or donations at your discretion. Perfect anonymity is not possible, but there are steps that you can take to help protect your identity from discovery and association with the information that you send us and the reports that we send you. There are three primary sources of potentially identifiable information that you are responsible for addressing to your satisfaction. To use Premium Report Services, you agree to take the following three actions:
Use an Email address that will not identify you. You are responsible for using an Email address that will not identify you directly or indirectly help identify you in some way. The payment process requires an Email address, and we use Email to exchange information and reports. We use ProtonMail for our Email communication with customers for Premium reports because of its end-to-end encryption, which works best if you also have a ProtonMail Email address from ProtonMail. Therefore, we suggest that you create a new anonymous ProtonMail Email address in order to use our Premium analysis and reports. Your new ProtonMail Email address will: Help protect your anonymity, and Help secure communication between us for your information and our reports.
Use a payment method that that will not identify you. You are responsible for using a payment method that will not identify you directly or indirectly help identify you in some way. For example, the credit card of a relative might help identify you, especially a relative with the same last name. We suggest that you use the credit card of a friend that provides enough anonymity for you.
Adjust dates of PSA tests for PSA Trend Analysis that will make identification difficult enough for your comfort. You are responsible for sending us PSA test dates that you believe make your identification difficult enough to satisfy your anonymity goals. There is a concern that PSA test dates might be used to search seemingly secure databases of medical records to identify you and associate with you the information that you send to us and the reports that we send to you. If you are worried about this risk, then adjust your actual PSA test dates by enough days to give you confidence that your adjusted test dates will be very difficult to match to medical records to identify you. We do not ask for any other dates, including birth date. For screening strategy reports, we do ask for Age to the nearest integer (e.g. 58, 64, 71), which is not sufficient for identification.
Risks and Considerations Regarding the Services and Sites
The use of the Services and Sites and the Content is at your own risk.
You should not change your health behaviors on the basis of Content provided by the Services and Sites. Make sure to discuss your personal situation and any Content supplied by the Services and Sites with a physician or other health care provider. Changes in health behavior are personal decisions that should depend on your personal situation. The Sites cannot and do not provide personal information based on your personal situation. Therefore, there are risks in attempting to use Content on the Sites to inform your personal situation. For that reason alone, you should rely on a physician or other health care provider to translate any Content from the Sites to your personal situation. Analysis and output of Apps and Services may consider some aspects of your personal situation but not adequately reflect your complete personal situation and miss important aspects. For that reason alone, you should rely on a physician or other health care provider to translate any Content from the Services to your personal situation.
The Services and Sites are not intended to be used by anyone for any screening or diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding screening, diagnosis, cure, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
The Services and Sites and their Content may contain opinions, discussion of personal experiences and speculative analysis of hypothetical and real situations that are not generalizable to all situations, including your own, and may be inconsistent with certain available information or incorrect. In particular, our speculative analysis and reports based on speculative analysis may be incorrect or misleading and should only be used to inform discussions with your physicians.
The Company does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other health care providers, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned on the Services and Sites. Any information on the Services and Sites is intended for informational purposes only and for discussion with your physician or other healthcare provider. Only a trained physician or other health care provider can assess your current state of health or disease, taking into account many factors, including your current symptoms, if any.
Warning: Delay in prostate cancer screening actions, biopsy or treatment could lead to premature death from prostate cancer because deadly cancer might be progressing in your prostate with little or no indication. Some of the Services provide Content that includes speculative analysis of possible consequences of delaying prostate cancer screening actions and biopsy and subsequent delay in possible diagnosis and treatment. This Content might help inform a discussion about delay with your physician(s) but cannot and does not preclude the possibility that deadly cancer is progressing in your prostate with serious consequences to delay, including premature death.
By accessing the Services and Sites you agree and represent as follows:
You acknowledge that the Content, whether original content provided by the Company or linked content within the Services and Sites, is protected by copyright and/or other intellectual property rights that are owned by the Company and/or the owners of the linked content (or by other persons or companies on their behalf). The Company grants you a limited license to copy and distribute free of charge, for non-commercial purposes only, any of the Content, provided you: (i) use the Content as it appears on the Sites with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Content; (ii) include the following attribution on the first page of any materials you distribute: © Soar BioDynamics, Inc. 2017. All rights reserved; distributed pursuant to a limited license from Soar BioDynamics, Inc.; (iii) agree you have no right to offer anyone else any further right with respect to this Content. Aside from the limited license provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Content, in a separate agreement.
Any use of the Content not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark, and other laws. The Content is subject to change or termination without notice in the editorial discretion of the Company. All rights not expressly granted herein are reserved to the Company and its licensors. If you violate any of these TOS, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The Content is for the personal use of individual members only and may not be used in connection with any commercial endeavors.
Customer Conduct - Unlawful and Prohibited Use
As a condition of your use of the Services and Sites, you warrant to the Company that you will not use the Services and Sites for any purpose that is unlawful or prohibited by the TOS. You may not use the Services and Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Services and Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services and Sites. Furthermore you agree not to: (1) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services and Sites, unless explicitly permitted by the Company; (2) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services and Sites; (3) attempt to or actually override any security component of the Services and Sites; (4) interfere with or disrupt the Services and Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites; (5) violate the TOS, any code of conduct or other guidelines which may be applicable for any particular area of the Services and Sites or have been communicated to you by the Company; or (6) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
The Company has the right to suspend or terminate your account and refuse any and all of your current or future use of the Services and Sites (or any portion thereof) at any time for any reason.
Applicable Laws and Regulations - International
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content.
The Company makes no claims that information on the Services and Sites is appropriate or may be downloaded outside of the United States.
Access to the Content may not be legal by certain persons or in certain countries. If you access the Services and Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
You agree to defend and hold the Company, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sites; your connection to the Services and Sites; your violation of the TOS; or your violation of any rights of another.
No Resale of Services and Sites
Other than pursuant to the terms of the limited license described in the Section entitled “Limited License” or unless otherwise agreed in a separate agreement between you and the Company, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Services and Sites, use of the Services and Sites, or access to the Services and Sites.
Modifications to Services and Sites
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and Sites (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in availability of the Services and Sites, and (ii) the Company shall not be liable to you or to any third party.
Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Services and Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Services and Sites.
Hyperlinks and the Services and Sites
The Services and Sites provide, and third parties may provide, links to other sites and resources on the Internet. The Company does not recommend and does not endorse the content on any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable, 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 hyperlinked site or resource.
You acknowledge and agree that the Company (or the Company’s licensors, as applicable) own all legal right, title, and interest in and to the Services and Sites, including any intellectual property rights (including but not limited to patents) which subsist in the Services and Sites (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and all Content.
You further acknowledge and agree that information presented to you through the Services and Sites or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Company, you agree not to-and not to permit anyone else to-modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Sites, in whole or in part. Software, if any, that is made available to download from the Services and Sites, excluding software that may be made available by end-users through the Sites, is the copyrighted work of the Company and/or its suppliers. Your use of such software is governed by the TOS and may require you to agree to a separate license agreement.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services and Sites.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES AND SITES AND ANY SERVICES MADE AVAILABLE THROUGH THE SERVICES AND SITES ARE AT YOUR SOLE RISK. THE SERVICES AND SITES AND SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY 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, NON-INFRINGEMENT AND ANY MEDICAL ACTIONS YOU MIGHT TAKE OR DELAY. (2) THE COMPANY MAKES NO WARRANTY THAT (a) THE SERVICES AND SITES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES AND SITES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND SITES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND SITES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN ANY SOFTWARE MADE AVAILABLE THROUGH THE SERVICES AND SITES WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES AND SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY.
THE COMPANY DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND SITES AND, THEREFORE, THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION WITH THE SERVICES AND SITES, INCLUDING ANY MEDICAL ACTIONS YOU MIGHT TAKE OR DELAY.
Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES AND SITES; (b) ANY ACTION YOU TAKE OR DON’T TAKE BASED ON THE INFORMATION YOU RECEIVE THROUGH OR FROM THE SERVICES AND SITES, (c) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES AND SITES; (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (e) THE IMPROPER AUTHORIZATION FOR THE SERVICES AND SITES BY SOMEONE CLAIMING SUCH AUTHORITY; or (f) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES AND SITES.
Notice and Changes to the TOS
The Company may make changes to the TOS from time to time. When these changes are made, the Company will make a new copy of the TOS available on its Services and Sites and any new additional terms will be made available to you from within, or through, the affected Services and Sites.
You acknowledge and agree that if you use the Services and Sites after the date on which the TOS have changed, the Company will treat your use as acceptance of the updated TOS.
If you want to notify us regarding the TOS, such notification must be sent to us at: Soar BioDynamics, Inc. ATTN: General Counsel, PO Box 4823, Incline Village, NV, 89450.