Terms and conditions of use
Thank you for visiting this Site, which is owned, operated, and funded by or on behalf of PRC. These Terms and Conditions of Use govern your use of this Site.
Please note that although the purpose of this Site is to provide information about PRC, the Site does not feature third-party advertisements. Possible conflicts of interest by contributing authors are noted when appropriate.
Your acceptance of these Terms and Conditions of Use
These Terms and Conditions of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or use this Site.
Your acceptance of our Privacy Policy
By agreeing to these Terms and Conditions of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy and, to the extent applicable, our Notice of Privacy Practices.
Your consent to other agreements
When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of the click-through agreement are different than the terms of these Terms and Conditions of Use, the terms of the click-through agreement will supplement or amend these Terms and Conditions of Use, but only with respect to the matters governed by the "click-through agreement."
Ownership of this Site and its Content
This Site, including all its Content is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of PRC or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
The PRC names and logos (including, without limitation, those of its affiliates and service providers ( “Service Providers”)), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of PRC and/or its affiliates (the "PRC Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.
You are not authorized to display or use the Options Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners.
The use or misuse of the Options Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Messaging
For all urgent medical matters, contact your physician's office by phone, go to an emergency room, or dial 911.
Responsibility for User-Generated Content sent on or through this Site
You are responsible for User-Generated Content that you message.
Under no circumstances will we be liable in any way for any User-Generated Content.
This means that you, not PRC, are entirely responsible for all User-Generated Content that you send and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms and Conditions of Use, an obligation of confidentiality, or the rights of others. If any part of the User-Generated Content you send is not your original work, it is your responsibility to obtain any necessary permission to send it.
You own User-Generated Content, but we may use it -
You own the copyright in any original User-Generated Content you send. We do not claim any copyrights in User-Generated Content. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize User-Generated Content you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User-Generated Content that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content.
PRC has certain rights. We have the right (but do not assume the obligation) to:
· monitor all User-Generated Content;
· require that you avoid certain subjects;
· remove or block any User-Generated Content at any time without notice at our sole and absolute discretion;
· disclose any User-Generated Content and the identity of the user who sent it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of PRC or others, or to enforce these Terms of Use;
· terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User-Generated Content you send, and that you will retain ownership thereof as described above.
Restrictions on User-Generated Content.
It is a condition of these Terms and Conditions of Use that you do not:
· upload, post, transmit or otherwise make available
· any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another's privacy;
· any User-Generated Content that constitutes or encourages activity illegal under criminal or civil law;
· any User-Generated Content that is false, misleading, or fraudulent;
· any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
· any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
· any User-Generated Content that contains the name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under 18 years old but you are his/her parent or legal guardian;
· any request for or solicitation of any personal or private information from any individual;
· any request for or solicitation of money, goods, or services for private gain;
· any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· or any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;
· impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
· violate any local, state, national or international law, rule or regulation.
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms and Conditions of Use; (ii) the User-Generated Content is accurate, and (iii) you have read and understood—and your User-Generated Content fully complies with—these Terms and Conditions of Use and applicable laws and will not cause injury to any person or entity.
Removal of Content
In general
Please be aware, however, that if the User-Generated Content has already been sent we will not be able to recapture and delete it. Also, a back-up or residual copy of the User-Generated Content we remove from this Site may remain on back-up servers.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE AND OUR SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT WE AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Links to third-party websites
This Site may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. PRC 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 the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms and Conditions of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Modification and discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. We also reserve the right to terminate your access to and use of this Site or any of its component parts, or to modify, edit, or block your transmissions thereto in our sole discretion. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site or your access thereto.
Waiver
Our failure at any time to require performance of any provision of these Terms and Conditions of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by PRC of any breach of any provision of these Terms and Conditions of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions of Use.
Severability
If any provision of these Terms and Conditions of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions of Use will remain in full force and effect.
Governing law, jurisdiction and venue
These Terms and Conditions of Use will be governed under the laws of the State of Minnesota without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms and Conditions of Use will be venued exclusively in state or federal court in the City of Minneapolis and County of Ramsey, Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.
Indemnity
You agree to indemnify and hold PRC and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms and Conditions of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.
These Terms and Conditions of Use may change
These Terms and Conditions of Use are current as of the effective date set forth above. PRC reserves the right to change these Terms and Conditions of Use from time to time, consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site.
Your continued use of this Site after we have posted the revised Terms and Conditions of Use constitutes your agreement to be bound by the revised Terms and Conditions of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Entire agreement
These Terms and Conditions of Use (together with our Privacy Policy and Notice of Privacy Practices - and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and PRC with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and PRC with respect to this Site and your use of this Site.
Definitions
1. The term "Content" refers to all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including User-Generated Content and Feedback.
2. The term "including" means "including, but not limited to."
3. The term "Site" refers to any website owned by PRC, on which these Terms and Conditions of Use are posted.
4. The term "User-Generated Content" means all of the text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you and others post using the social networking tools we make available on this Site and that does not constitute "Feedback."