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BSD Medical User Agreement and Privacy Policy User Agreement THE FOLLOWING DESCRIBES THE TERMS ON WHICH BSD MEDICAL OFFERS YOU ACCESS TO OUR SERVICES. Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience more worthwhile. We use data collection devices such as "cookies" on certain pages of our site. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site. Additionally, you may encounter "cookies" or other similar devices on certain pages of our site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties. If you choose to post messages in our chat rooms or other message areas or leave feedback for other users, we will collect that information you provide to us. You agree to use these communication services at your own risk and cannot hold BSD Medical Corporation liable for any misinformation you receive as a result from using these services. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you. Our Use of Your Information. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs. You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the Site. By accepting the User Agreement and Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications by contacting us via email. Our Disclosure of Your Information. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be disclosed. We aggregate (gather up data across all user files) personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. If you have any questions concerning our Privacy Policy or User Agreement, please do not hesitate to contact us by email. LEGAL DISCLAIMER Copyright 2005 BSD Medical Corporation and/or its donors/sponsors. All rights reserved. By using this site, you agree to respect our trademarks and site usage terms and conditions. Please email us with questions or inquiries. Disclaimer BSD Medical Corporation makes every effort to ensure that all information displayed on this web site is accurate and complete, but it is not liable for any errors, inaccuracies or omissions. The majority of information is liable to change at short notice. The links contained in this site are displayed for ease of access, but BSD Medical Corporation is in no way responsible for any information displayed on any other web site. Please read these terms carefully prior to using BSD Medical Corporation web site. By using this site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use the site. BSD Medical Corporation may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified agreement. Trademarks All product names or services mentioned are trademarks or registered trademarks of their respective owners. Limitation of Warranty and Disclaimers In no event shall BSD Medical Corporation be liable for any damages whatsoever, and in particular BSD Medical Corporation shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any BSD Medical Corporation. Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that BSD Medical Corporation cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Web Site and the Internet. BSD Medical Corporation does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Web Site, any merchandise, information or service provided through the Web Site or on the Internet generally, and BSD Medical Corporation shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the Web Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Content and Liability Disclaimer BSD Medical Corporation shall not be responsible for any errors or omissions contained at this Web Site, and does not warrant that defects in the Web Site will be corrected. BSD Medical Corporation reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, BSD Medical Corporation has no liability to make changes to existing product(s) and /or content. BSD Medical Corporation does not warrant that the Web Site will be uninterrupted. Accordingly, all BSD Medical Corporation and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND. In no event will BSD Medical Corporation be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use the Web Site, or any information, or transactions provided on the Web Site or downloaded from the Web Site, even if BSD Medical Corporation or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Web Site. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, BSD Medical Corporation's liability is limited to the greatest extent permitted by law. Indemnification You agree to indemnify, defend and hold harmless BSD Medical Corporation, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your submissions to the Web Site (including negligent or wrongful conduct). Additional Information This Agreement shall all be governed and construed in accordance with the laws of the State of Utah, United States of America. You agree that any legal action or proceeding between BSD Medical Corporation and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. BSD Medical Corporation's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. BSD Medical Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use. BSD Medical Corporation reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, seminars, specifications, availability, plans, and terms and conditions associated with the Web Site at any time, without notice, and without incurring obligations or liability of any kind.