It is the policy of Theragenics Corporation® not to pass along to any outside organizations without permission the contact information or similar personally identifiable information of cancer patients or other persons who contact us through the Theraseed.com website to obtain information about prostate cancer and treatment options. Regarding information of other types and information collected in other contexts, please refer to the additional terms below under “Notification of Data Collection and Use.”
Disclaimer Regarding Medical, Research and Product Information
Please note that the medical, research and product information on this site is provided primarily for educational purposes. It is not intended to substitute for informed medical advice. The user of this site should not use this information to diagnose or treat a health problem or disease without consulting with a qualified physician, or make any medical decisions based solely on this information. The user is encouraged to consult their own physician with any questions or concerns they may have regarding their condition and to explore further the health management options that should be considered.
TERMS AND CONDITIONS
Your use of this World Wide Web Site (the "Web Site") is subject to the following terms and conditions of use (the "Terms"). You agree to the Terms by accessing this Web Site or accepting the information from this Web Site. Theragenics Corporation (sometimes referred to below as “Theragenics” or “we”) reserves the right in its sole discretion to change the Terms, and your continued use of this Web Site after the posting of any notice of a change in the Terms shall constitute your acceptance to be bound by any such changes. Since you are bound by any such revisions posted on the Web Site at the time of any visit, you should therefore periodically visit this page to review the current Terms to which you are bound.
No Other Contract:
Except for these Terms and Conditions, no statement on the Web Site constitutes a contract, a representation or warranty, an offer to enter into a contract, or an offer of employment, and no statement on the Web Site is (or shall be deemed to be) incorporated by implication, reference or otherwise into any contract, or any employment relationship, of Theragenics Corporation.
The information and features included in this Web Site, including, but not limited to trademarks, service marks and copyrightable works (the "Content") have been compiled from a variety of sources, are for informational purposes only, and are subject to change at any time without notice. However, this Web Site and all Content it contains are provided "AS IS." By using or linking to this Web Site, you assume the risk that the Content on this Web Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements.
Securities Law and Related Matters:
Information provided on the Web Site is generally given only as of the date such information is initially posted on the web site. Theragenics Corporation assumes no duty, and expressly disclaims any such duty, to update or alter any such information for any reason, whether as a result of new information, future events, reassessments by management, or any other such event. This web site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as "anticipates," "estimates," "expects," "projects," "intends," "plans," "believes" and words and terms of similar meaning used in connection with any discussion of future performance identify such forward-looking statements. Actual results may vary materially as a result of various factors. Theragenics operates in the very competitive and constantly changing medical device industry. This industry is affected by, among other things, governmental regulation, economic, political and social conditions, third-party reimbursement policies, consumer and medical professional responses to new and existing products and services, technological developments and, particularly in view of new technologies, the continued ability to protect intellectual property rights. Actual results could differ materially from management's expectations because of changes in such factors. Other factors and risks could also cause actual results to differ from those contained in the forward-looking statements, including those identified in Theragenics filings with the SEC.
This site contains content provided by third parties. Theragenics does not warrant or guarantee the accuracy, availability or completeness of this information. Neither Theragenics nor its content or data providers shall be liable for any errors, omissions or inaccuracies in this content.
Copyright and Trademark Information/Restrictions on Use of Web Site:
This Web Site and all of the Content it contains, or may in the future contain is the property of Theragenics Corporation its affiliate companies and licensors and is protected from unauthorized copying and dissemination by U.S. copyright law, international conventions and other copyright laws.
The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of Theragenics Corporation its affiliates, its licensors and others. Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Content displayed on the Web Site without the written permission of Theragenics Corporation or such third party that may own the relevant Trademarks or Content. Your use of the Trademarks or Content on the Web Site except as provided in these Terms, is strictly prohibited. You are also advised that Theragenics Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law, including referral for criminal prosecution where appropriate.
Theragenics Corporation hereby reserves all rights not expressly granted to you. Nothing in these Terms shall be interpreted as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, publicity or other intellectual property right of Theragenics Corporation or any third party.
Links to Our Sites:
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Theragenics.com or Theraseed.com Web Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "Theragenics" or www.Theragenics.com, or “TheraSeed” or www.theraseed.com; (b) the link must "point" to the URL "http://www.theragenics.com" or http://www.theraseed.com, as appropriate, and not to other pages within either Web Site; (c) the link, when activated by a user, must display the Theragenics or TheraSeed Web Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
Changes in Service:
Theragenics Corporation may at any time and from time to time, modify, suspend, discontinue, restrict the use of, or charge for all or any portion of this Web Site at any time and without notice or liability. The Web Site may also be temporarily unavailable due to maintenance or malfunction or unavailability of computer equipment or private or public networks.
Disclaimers/Limitations on Liability:
Theragenics Corporation makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, merchantability, fitness or suitability for any particular purpose, or adequacy of any information, facts, views, opinions, statements images, graphics, or recommendations contained in this Web Site. Reference to any product, process, publication or service of any third party by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by Theragenics Corporation. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Web Site.
The Internet may be subject to breaches of security. Theragenics Corporation is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. Theragenics Corporation makes no representation or warranty whatsoever regarding the suitability, functionality, availability, or operation of this Web Site. Theragenics Corporation is not responsible for the content or performance of any portion of the Internet other than the www.Theragenics.com domain, including other World Wide Web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Theragenics Corporation of any errors or inappropriate material found on sites to which this Web Site is or may be linked. Theragenics Corporation reserves the right, in its sole discretion, to terminate a link with any Web Site which it deems inappropriate or inconsistent with this Web Site.
THERAGENICS CORPORATION SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEB SITE AND THE INFORMATION AND OTHER MATERIALS CONTAINED THEREON.
IN NO EVENT WILL THERAGENICS CORPORATION BE LIABLE TO YOU FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM OR IN CONNECTION WITH THE WEB SITE, ITS CONTENT, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR ITS CONTENT, EVEN IF THERAGENICS CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notification of Data Collection and Use:
Except as specifically provided above with regard to personally identifiable information of cancer patients or other persons who contact us through the Theraseed.com website to obtain information about prostate cancer and treatment options, any and all information submitted to Theragenics Corporation through this Web Page is considered non-confidential and may be used or disclosed by Theragenics Corporation or its affiliates for any purpose. Use of this Web Site constitutes consent to monitoring and information collection and the re-use and disclosure by Theragenics Corporation for any purpose of such collected information. For informational purposes, some examples of possible information collection and use are given below, but these examples are not comprehensive and do not limit the gathering or use of information via this website.
Access to this Web Site may be monitored. As you navigate through this site, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various existing or future technologies, such as cookies, Internet tags or web beacons, and navigational data collection (log files, server logs, clickstream). Your Internet browser automatically transmits to this site some of this anonymous information, such as the URL of the Web site you just came from and the Internet Protocol (IP) address and the browser version your computer is currently using. This site may also collect anonymous information from your computer through cookies and Internet tags or web beacons.
Theragenics Corporation and its affiliates may use and combine such passively collected information for various purposes, such as to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends, and otherwise administer and improve the site for your use.
Likewise, except as expressly provided above with regard to personally identifiable information of cancer patients or other persons who contact us through the Theraseed.com website to obtain information about prostate cancer and treatment options, we may use personally identifiable information collected via this site to communicate information to you (if you have requested it), for our marketing and research purposes, and for any other purpose; and we may combine such information with other actively or passively collected information, and may disclose personally identifiable information you provide via this site to other Theragenics Corporation affiliates and third parties worldwide.
Examples of situations in which we may disclose personally identifiable and other information gathered via this site to third parties include the following: (i) to contractors we use to support our business (such as suppliers, fulfillment services, technical support, delivery services, marketing or advertising companies, and financial institutions); (ii) in connection with the sale, assignment, or other transfer of the business of this site to which the information relates; or (iii) to respond to law enforcement requests or where required by applicable laws, court orders, or government regulations. This list is nonexclusive and does not limit our use or disclosure of information.
Theragenics Corporation may deny or terminate any permission granted under these Terms at any time for any reason by giving you notice.
By using this Web Site, you agree to indemnify, hold harmless and defend Theragenics Corporation from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this Web Site in violation of these Terms.
These Terms shall be construed and enforced in accordance with the laws of the State of Georgia, without regard to its conflicts of law principles. By using this site, you consent and submit to jurisdiction and venue in the state and federal courts located in the State of Georgia, Gwinnett County and further agree that any cause of action you may bring arising under your use of the Theragenics or TheraSeed Web Site shall be brought by you exclusively in a state or federal court located in the State of Georgia, Gwinnett County and must be filed in such court within one (1) year after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be barred.
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