Terms Of Use

CONSUMER: Terms of Use

GENERAL TERMS OF USE

Please review the following terms of use ("Agreement") that govern your use of YourBreastOptions.com and the services (the "Services") offered on our site. This Agreement governs your use of the Services offered on YourBreastOptions.com, including participation in any public areas, such as social networking, chat rooms, review areas or bulletin boards (the "Public Areas"), provided by YourBreastOptions.com. Please read the requirements of this Agreement carefully. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit YourBreastOptions.com.

PRIVACY POLICY.

In addition to reviewing this Agreement, you should also read our Privacy Policy and Legal Notice to better comprehend how we collect and use your personal information. Your use of the site and its Services constitutes your agreement to its terms and conditions.

CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE.

Mentor Corporation ("Mentor") reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Mentor also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of YourBreastOptions.com, which may be posted in the relevant parts of YourBreastOptions.com, and will be clearly identified. Your continued use of YourBreastOptions.com constitutes your agreement to comply with these additional rules.

SUSPENSION OR TERMINATION OF YOUR USE.

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Mentor's other remedies. Mentor further reserves the right to terminate, without notice, any user's access to or use of YourBreastOptions.com for any reason.

TERMINATION.

Mentor Corporation reserves the right without notice, at any time and for any reason, to terminate YourBreastOptions.com or any portion thereof or any products or Services offered through YourBreastOptions.com.

OWNERSHIP OF THE SITE AND SITE INFORMATION.

YourBreastOptions.com is expressly owned and operated by Mentor Corporation. Unless otherwise noted, the design and content features on YourBreastOptions.com, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Mentor Corporation or its affiliates or are licensed from third party service providers by Mentor Corporation . The site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

SITE INFORMATION IS PROVIDED "AS IS."

Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. YourBreastOptions.com may change, delete or update any Site Information at any time and without prior notice.

USE OF THE SERVICE BY YOU.

You may view and use the Site Information only for your personal information on YourBreastOptions.com. Except as set forth in this Agreement, YourBreastOptions.com does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use of the site and the Services is personal to you -- you may not authorize others to use the site and the Services, and you are responsible for all use of the site and the Services by you and by those you allow to use, or provide access to, the site and the Services. You agree to use the site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

NON-COMMERCIAL USE ONLY.

YourBreastOptions.com is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the site for any purpose. You agree not to make unauthorized use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Mentor Corporation. Illegal and/or unauthorized uses of the site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

ELIGIBILITY TO USE THE SITE AND THE SERVICES.

The site and the Services are not intended for users under the age of 18. To register for any Services offered on YourBreastOptions.com, you must be 18 years of age or older.. Mentor Corporation does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to Mentor Corporation . If a child under 18 submits information through any part of YourBreastOptions.com, and Mentor Corporation becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

REGISTRATION WITH YOURBREASTOPTIONS.COM.

You will need to provide us with certain information, including your name, address, phone number and email address, to open an account with us. We will assist you in creating a user id and a password to protect your account information.

UNACCEPTABLE CONTENT.

Mentor may make certain Services available to registered users and facilitate such users' ability to post content, including information, text, images, photographs, graphics, comments and reviews, discussion or bulletin board postings and other materials ("Content"), to Public Areas and/or private portions of YourBreastOptions.com, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of YourBreastOptions.com, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that is:

Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity, explicit violent or sexual material, or depictions of violent or sexual acts;
Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
Is libelous, defamatory, or knowingly false or misrepresents another person;
Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
Is harmful to Mentor Corporation's or any other party's systems and networks, including any transmissions which may damage, interfere with,
surreptitiously intercept, or expropriate any system, program, data or personal information;
Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
Consists of any other Content that Mentor Corporation in its sole discretion deems to be Unacceptable Content.

USE OF CONTENT SUPPLIED BY YOU.

For information regarding use of personal information you provide or communicate to Mentor Corporation, please see our Privacy Policy. By posting Content or engaging in any other form of communication through YourBreastOptions.com, you grant Mentor Corporation, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.

CONTENT POSTED BY USERS IS NOT ENDORSED BY MENTOR CORPORATION.

Mentor Corporation does not necessarily endorse, support, sanction, encourage, verify, or agree with the Content posted by users on YourBreastOptions.com. Any Content placed on YourBreastOptions.com, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Mentor or its third party service providers. Mentor reserves the right, but undertakes no duty, to review, edit, move or delete any Content posted on YourBreastOptions.com, in its sole discretion, without notice. You agree that Mentor Corporation and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted to YourBreastOptions.com by others, including Unacceptable Content that violates this Agreement.

THIRD PARTY LINKAGES.

You acknowledge that Mentor has not reviewed and does not endorse the content of third party sites linked to and from YourBreastOptions.com and is not responsible for the content or actions of these other sites, including those third party sites that may display Mentor Corporation's logo or branding. Your linking through YourBreastOptions.com to any site is at your own risk.

INDEMNIFICATION.

To the fullest extent permitted by law, You agree to indemnify Mentor Corporation and its affiliates, subsidiaries, parents, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Content submissions, from your unauthorized use of the Services or Site Information obtained through YourBreastOptions.com, or from your breach of this Agreement.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND THE SERVICES AT YOUR OWN RISK. THE SITE, THE SITE INFORMATION AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MENTOR, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MENTOR, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF YOURBREASTOPTIONS.COM.

MENTOR CORPORATION, ITS AFFILIATES, SUBSIDIARIES, PARENTS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVISION OF SERVICES HEREUNDER , YOUR ACCESS TO OR INABILITY TO ACCESS THE SITE OR ITS SERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES, YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE INFORMATION OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO YOURBREASTOPTIONS.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE./p>

YOU HEREBY AGREE TO RELEASE MENTOR CORPORATION, ITS AFFILIATES, SUBSIDIARIES, PARENTS, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

THE SECURITY OF YOURBREASTOPTIONS.COM.

We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard YourBreastOptions.com, our systems and our customers' personal information. For example, for the security of your online visit to YourBreastOptions.com, we may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Mentor cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with YourBreastOptions.com.

ELECTRONIC COMMUNICATIONS.

When you visit YourBreastOptions.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you be email or by posting notices on YourBreastOptions.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

JURISDICTION AND GOVERNING LAW.

Mentor Corporation makes no representation that the Site Information, the Services or products offered through YourBreastOptions.com are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through YourBreastOptions.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of California and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Santa Barbara, California. In addition, both parties agree to submit to the exclusive personal and subject matter jurisdiction and venue of such courts, and waive any objection they may have to same.

YOURBREASTOPTIONS.COM IS FOR USE IN THE UNITED STATES.

YourBreastOptions.com is hosted in the United States and is intended for users located in the United States. If you are a non-U.S. user of YourBreastOptions.com, by visiting our website, using its Services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

TRADEMARK NOTICE.

"Mentor" and "YourBreastOptions.com" and the Mentor and YourBreastOptions.com logos are trademarks of Mentor Corporation . Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.

YourBreastOptions.com
Mentor Corporation
201 Mentor Drive
Santa Barbara, CA 93111

STANDARDS AND TERMS OF USE FOR COMMUNITY MEMBERS

Welcome to the Mentor community., Mentor Corporation encourages online community participation and user-created content that includes blogging, blog participation (through comments, discussion, posting of reviews, and using other blog tools), personal profiles and other forms of content generated by our users ("User-Generated Content"). In addition to YourBreastOptions.com's Terms of Use, these Standards and Terms of Use for Community Members (the "Community Standards") apply to all users of YourBreastOptions.com who:

Author, maintain and/or manage blogs that appear on YourBreastOptions.com and/or any of the sites linked to YourBreastOptions.com;
Author and/or manage any other form of User-Generated Content that appears on YourBreastOptions.com, including but not limited to text, images, information, comments and reviews, personal profiles, style pages, photos and graphics;
Author comments on and/or trackbacks to blogs and/or other content that appears on YourBreastOptions.com;
Use, quote, cite, forward or re-publish any of the User-Generated Content on YourBreastOptions.com.

The foregoing users of YourBreastOptions.com are referred to in these Community Standards as "Participating Users."

The Community Standards exist to help YourBreastOptions.com, its editorial staff, Mentor's linked sites, and YourBreastOptions.com's Participating Users achieve a common goal of developing a thriving fashion-forward online community. As set forth below, these Community Standards establish certain limits for the creation and posting of User-Generated Content on YourBreastOptions.com. These Community Standards do not set forth a comprehensive listing of practices prohibited by YourBreastOptions.com. YourBreastOptions.com reserves the right at any time, without notice, to remove from the site any User-Generated Content and to bar any Participating User from posting User-Generated Content to YourBreastOptions.com. Further, Mentor may change these Community Standards at any time without prior notice by updating this page on YourBreastOptions.com.

These Community Standards address:

Prohibitions on the posting of Unacceptable User-Generated Content;
Protection of intellectual property rights of third parties; and
Other requirements that apply to your posting of User-Generated Content.

By using YourBreastOptions.com and posting User-Generated Content to YourBreastOptions.com, you agree to adhere to these Community Standards. You further agree to indemnify Mentor and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions of User-Generated Content, from your unauthorized use of User-Generated Content, and from your non-compliance with these Community Standards and YourBreastOptions.com's Terms of Use.

Prohibition on the Posting of Unacceptable User-Generated Content.
As a Participating User, you may blog, comment and/or trackback to other blogs on YourBreastOptions.com and participate in other community areas of the site provided that you adhere to these Community Standards and do not post or otherwise contribute unacceptable User-Generated Content ( "Unacceptable User-Generated Content"). Mentor, in its sole discretion, will determine what constitutes Unacceptable User-Generated Content under these Community Standards. Community posts, comments and trackbacks may not contain, refer to or link to any "Unacceptable" User-Generated Content. Unacceptable User-Generated Content, includes, but is not limited to, content that is:
Mentor Corporation reserves the right to delete, edit and or remove at any time, without notice to any Participating User, any User-Generated Content that it deems to be Unacceptable User-Generated Content.
Protection of Intellectual Property Rights of Third Parties.
Mentor Corporation requires that all Participating Users who post User-Generated Content on any community area of YourBreastOptions.com or sites linked to YourBreastOptions.com adhere to the following standards directed at protecting the intellectual property rights of third parties:
In the event you believe that material or content published on YourBreastOptions.com may infringe on your copyright or that of another please email webmaster@yourbreastoptions.com. Other Requirements Apply to Your Posting of User-Generated Content.

A. Mentor's Right to Use User-Generated Content.
By posting User-Generated Content on YourBreastOptions.com, you grant Mentor Corporation , and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such User-Generated Content and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.

B. You Use Community Areas on YourBreastOptions.com at Your Own Risk.
Any information disclosed in community areas of Mentor. com is public information that may be viewed and collected by any party. Mentor cannot control the use of information disclosed through the posting of User-Generated Content on community areas of YourBreastOptions.com. We urge you to protect your privacy by not disclosing your home address, telephone numbers, and other personally identifiable information You acknowledge that your posting and use of User-Generated Content is at your own risk. You agree that Mentor and its third party service providers are not responsible and shall have no liability to you, with respect to any User-Generated Content posted to YourBreastOptions.com by you or others, including any Unacceptable User-Generated Content that violates these Community Standards. Mentor, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of your posting or use of any User-Generated Content.

C. User-Generated Content is Not Endorsed By Mentor.
Mentor does not necessarily endorse, support, sanction, encourage, verify, or agree with User-Generated Content posted on YourBreastOptions.com. Any User-Generated Content placed on YourBreastOptions.com, including advice and opinions, are the views and responsibility of those Participating Users who post such content and do not necessarily represent the views of Mentor or its third party service providers. Mentor is under no obligation to monitor YourBreastOptions.com and its linked sites for User-Generated Content that is not in compliance with these Community Standards. The site and all site information, including User-Generated Content, are provided "as is," and to the full extent permitted by applicable law, Mentor Corporation, its affiliates, subsidiaries, parents, employees, representatives, agents and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.

D. Third Party Linkages.
While YourBreastOptions.com contains links to third party sites, these sites may or may not have a business relationship with YourBreastOptions.com. Some third party sites linked to YourBreastOptions.com may link, to additional sites. You acknowledge that Mentor has not reviewed and does not endorse the content of third party sites linked to and from YourBreastOptions.com and is not responsible for the content, practices or actions of these other sites, including those third party sites that may display Mentor's logo or branding and notwithstanding the existence of any business relationship of a third party site with YourBreastOptions.com. Your linking through YourBreastOptions.com to any site is at your own risk. When you access and use any such third party site, your rights and responsibilities will be governed by the terms of use and policies of that site, and not those of YourBreastOptions.com.

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