Attention: Restrictions on use of AUA, AUAER, and UCF content in third party applications, including artificial intelligence technologies, such as large language models and generative AI.
You are prohibited from using or uploading content you accessed through this website into external applications, bots, software, or websites, including those using artificial intelligence technologies and infrastructure, including deep learning, machine learning and large language models and generative AI.

Terms and Conditions of Use, American Urological Association websites

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911.

By accessing or using any of the American Urological Association, Inc., American Urological Association Education and Research, Inc., Urology Care Foundation, and or AUAPAC, Inc. ( collectively "AUA") Internet properties including, without limitation, www.auanet.org, urologyhealth.org, auajournals.org, and any others released by AUA from time to time (collectively referred to as the "AUA websites") you agree to comply with and be bound by these Terms and Conditions of Use ("Terms of Use"). Please read these Terms of Use carefully as well as AUA's Privacy Policy that is incorporated by reference.

If you do not agree to be bound by these Terms of Use and AUA's Privacy Policy, you do not have permission to use or access any AUA websites and must immediately cease use of AUA websites.

Section 1

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911. AUA IS NOT A HEALTH CARE PROVIDER. DO NOT USE THIS WEBSITE FOR MEDICAL EMERGENCIES.

All content on this website is provided for general informational purposes only and is not intended as a substitute for individual professional medical advice, or for qualified or certified advice on any legal, psychiatric, or other professional matters. You are solely responsible for the outcomes and results of any decision that you make in connection with or in reliance on any content or information made available to you via AUA's website. Never rely on information on this website in place of seeking professional medical advice.

Section 2

Individual Use License Grant

AUA hereby grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the AUA websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the AUA websites and AUA Content (as defined below) for your noncommercial personal use and for no other purpose. AUA reserves the right to bar, restrict or suspend any user's access to the AUA websites, and/or terminate this license at any time for any reason, with or without notice to you. AUA reserves any rights not explicitly granted in these Terms of Use.

Section 3

Restrictions

Unless otherwise expressly stated in these Terms of Use or unless you receive AUA's prior written consent via a separate license approval, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) the AUA websites, any AUA Content (as defined below), or any portion thereof. Without limiting the foregoing restrictions, in addition, AUA does not allow and You are not permitted to input or otherwise copy, reproduce, submit, permit access to, or otherwise provide by any means any AUA Content (as defined below) into generative artificial/augmented intelligence or any other machine learning tools or similar AUTOMATED, AUTONOMOUS, SELF-IMPROVING, or otherwise ADAPTIVE SOFTWARE MODEL or PROGRAM, at any time and for any purpose whatsoever; you expressly acknowledge and agree to the foregoing covenant as a condition precedent to your permission to access AUA website generally, and you hereby expressly and permanently waive any right or entitlement you may have to conduct the following activities. Further, you are prohibited from violating or attempting to circumvent the security of the AUA websites, and you may not: (a) use the AUA websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the AUA websites, including AUA Content (as defined below); (b) interfere with the proper working of the AUA websites including, but not limited to, the transmission of any virus, worm, trap door, back door, time, clock, Trojan horse, or other limiting routine, instruction or design; (c) interfere with any other person's use and enjoyment of the AUA websites; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) attempt to interfere with service to any user, host or network; (f) forge any TCP/IP packet header or any part of the header information in any email or posting; (g)use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl," or "spider" any AUA Content (as defined below) contained on AUA websites; or (h) engage in "framing," "mirroring," or otherwise simulating the appearance or function of the AUA websites.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation.

Section 4

Your Acceptance; Revisions to these Terms of Use

The AUA websites are available only to individuals who can enter into legally binding contracts under applicable law. You represent and warrant that you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction, whichever is greater. These Terms of Use constitute a legally binding agreement between you and AUA regarding your use and access to the AUA websites. By using AUA websites you agree to the Terms of Use.

AUA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the AUA websites. Your use of AUA websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the AUA websites.

Section 5

AUA Policies; Additional Terms and Conditions

AUA's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the AUA websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

Section 6

Click-Through Agreements

Before using certain areas of the AUA websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept", "I Agree", "I Consent" or other words or action that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

Section 7

Personal Login Information

Certain features and areas of AUA websites are available only with registration and login. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. AUA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact AUA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns. By submitting the requested information to the registration form or similar process on the AUA website, You represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. Without limiting any other right or remedy of AUA hereunder, AUA reserves the right to suspend, terminate, or otherwise discontinue your account and/or pending registration if AUA has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that your registration, account, or use of the AUA website is in violation of applicable law or this Agreement.

Section 8

User Obligations

You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of AUA websites and not interfere with the use and enjoyment of the AUA websites by other users or with AUA's operation and management of the AUA websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the AUA websites, including, without limitation, information required to be provided through and AUA websites registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, AUA reserves the right to terminate your access and use of the AUA websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the AUA websites, or defame or otherwise harm any party, including AUA, through your use of the AUA websites. You will not transmit spam, bulk or unsolicited communications; forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the websites; or misrepresent your affiliation with a person or entity.

Section 9

AUA Intellectual Property & Proprietary Rights

The content of the AUA websites includes, without limitation, (a) AUA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "AUA Marks"); and (b) documents, text, information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, images, photographs, audio and video material, and artwork, and (c) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the AUA websites (the items in subsections (a), (b), and (c) shall be collectively referred to herein as "AUA Content"). AUA Content is the property of AUA, advertisers, content providers or third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any AUA content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from AUA or the owner of such content if AUA is not the owner. Any use of AUA Marks without AUA's express written consent is strictly prohibited. You may not alter delete, obscure or conceal any copyright or other notices appearing in the AUA Content, including any such notices appearing on any AUA Content you are permitted to download, transmit, display, print, or reproduce from the AUA websites. You expressly acknowledge and agree that nothing in this Agreement or in any text or information available on the AUA website shall be construed as any sale, assignment, or other transfer of any ownership interest in and to any AUA Content, and that in the event of any conflict or inconsistency between any other part of the Agreement or the AUA website or AUA Content and this clause, this clause shall control in all material respects.

Section 10

Responsibility for Use of the Internet and the AUA websites

Use of the Internet and the AUA websites is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. AUA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the AUA websites over the Internet or other communication network. AUA shall not be obligated to correct or update the AUA websites or AUA Content and AUA shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the AUA websites. AUA reserves the right to view, monitor, and record your activity on the AUA website without notice or permission from you. AUA's provision of the AUA website is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce AUA's ability to comply with governmental, court, and law enforcement requests or requirements involving your use of the AUA website or information provided to or gathered by AUA with respect to such use.

Section 11

Patient Information

State and federal laws, as well as ethical and licensure requirements, impose obligations with respect to patient information and patient confidentiality that limit your ability to receive, disclose, or make use of patient information, including transmitting patient information to others. You warrant that you will comply with all laws that may directly or indirectly govern your retrieval, use, transmission, processing, receipt, reporting, disclosure, or storage of patient information. You are solely responsible for obtaining and maintaining any patient consents, if applicable, and all other consents or permissions required by law or advisable with respect to your retrieval, use, transmission, processing, receipt, reporting, disclosure or storage of patient information. You shall be solely responsible for your retrieval, use or misuse, transmission, processing, receipt, reporting, disclosure or storage of Patient Information.

Section 12

Third Party Information

AUA websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content provider and other users of the AUA websites are those of the respective third party and not of AUA or its affiliates. AUA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.

Section 13

Advertisers

The AUA websites may contain advertisements of third parties. The inclusion of advertisements on the AUA websites does not imply endorsement of the advertised products or services by AUA. AUA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the AUA websites. Further, AUA shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the AUA websites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.

Section 14

Links to Third Party Sites and Services

The AUA websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which AUA exercises no control. The appearance of any such third-party links is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to from the AUA websites, you do so entirely at your own risk. Additional notices, terms, and conditions may apply to services, receipt of (or access to) certain materials, participation in a particular program, and/or to specific portions or features of the AUA website, including without limitation the terms of third-party tools, applications, and APIs utilized by or incorporated in the website, if applicable. Your use of any such third-party feature, tool, application, or API is conditioned on your acceptance of all third-party terms applicable thereto, and you agree to abide by all such terms in connection with your use thereof. You hereby agree that (a) this Agreement operates in addition to any terms of use imposed or required by any such third-party provider; and (b) to the maximum extent permitted under applicable law, the terms of this Agreement supplement and do not alter or amend any such third-party terms of use.

Section 15

Links to AUA websites and AUA Content

Third parties who post links to the AUA websites and/or AUA Content may not use AUA trademarks or logos and shall not suggest that AUA promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the AUA websites shall be the responsibility of the linking party. AUA reserves the right to require any linking party to disable or remove any link that violates AUA's rights or causes interruption or deterioration of AUA Content.

Section 16

WARRANTIES DISCLAIMED

THE AUA WEBSITES AND AUA CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE AUA, ITS AFFILIATES, EMPLOYEES, OFFICERS, OR DIRECTORS NOR ANY OF THEIR AGENTS, THEIR REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "AUA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (A) THE AUA WEBSITES OR AUA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON­ INFRINGING; (B) ACCESS TO THE AUA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE AUA WEBSITES WILL MEET YOUR EXPECTATIONS; OR (D) AUA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE AUA WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE

DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Section 17

LIMITATION OF LIABILITY

THE AUA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (A) OUT OF THE USE OF OR INABILITY TO USE THE AUA WEBSITES AND/OR ANY AUA CONTENT; (B) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE AUA WEBSITES AND/OR AUA CONTENT; (C) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (D) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE AUA WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE AUA WEBSITES; (E) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE AUA WEBSITES; (G) FROM ANY DELAY OR FAILURE OF THE AUA WEBSITES; (H) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE AUA CONTENT; (I) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE AUA WEBSITES; (J) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEB SITES; OR (K) OUT OF ANY OTHER MATTER RELATING TO THE AUA WEBSITES OR AUA CONTENT.

Section 18

Indemnification

To the fullest extent permitted by law, you shall defend, indemnify and hold harmless the AUA Parties from and against all claims arising from or in any way related to your use of the AUA websites and/or AUA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the AUA websites and/or AUA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorney fees. AUA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the AUA Parties other than under this Section. AUA reserves the right to assume upon written notice the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AUA in asserting any available defenses.

Section 19

Term and Termination

These Terms of Use will take effect at the time you begin using the AUA websites. AUA reserves the right, with or without notice, at any time and for any reason to deny you access to the AUA websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the AUA websites, but all applicable provisions of these Terms of Use will survive such termination (excluding in any case your right to use and access the AUA websites or AUA Content). Upon termination, you must destroy all copies of any portion of the AUA websites, including any AUA Content, in your possession.

Section 20

Governing Law

These Terms of Use and all matters regarding your use of the AUA websites shall be governed by, construed in accordance with, and enforced under the laws of the State of Maryland without regard to choice of law principles. Any claim, suit, or other proceeding brought between the parties under this Agreement shall be adjudicated exclusively before the state and/or federal courts of competent jurisdiction sitting in the State of Maryland, and you expressly submit to the jurisdiction thereof for the resolution of such claims. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

Section 21

The failure of AUA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed, reformed, or reinterpreted to the minimum extent required for compliance with such finding, so as to remain enforceable to the fullest extent permissible and consistent with the law, and all other provisions shall remain in full force and effect.

Section 22

Complete Agreement

These Terms of Use, together with any revisions, any Additional Terms or Conditions incorporated by reference, and any Click­ through Agreement, constitutes the entire agreement between you and AUA relating to the AUA websites and its use by you, and supersedes any previous written or oral communication regarding use of the AUA websites.

Section 23

Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the AUA websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

Section 24

Use of AUA websites and AUA Content outside of the United States

AUA makes no claims regarding access or use of the AUA websites or the AUA Content outside of the United States. If you use or access the AUA websites or the AUA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction. You represent and warrant that you are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable sanctions and export control laws, and (ii) you are solely responsible for ensuring that your use of the AUA website is disclosed and/or accessed only in accordance with all applicable sanctions and export control laws.

Section 25

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this Agreement would cause irreparable injury to AUA not readily quantifiable as money damages, such that AUA would not have an adequate remedy at law. You therefore agree that AUA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of your obligations, without the necessity of posting bond or other security.

Section 26

Modification of Agreement

Please note that AUA reserves the right to change the terms and conditions of this Agreement by posting a revised set of terms to this location, and/or providing such alternate notification to you as may be expressly required by applicable law. In addition, AUA may add, modify, or delete any aspect, component, or feature of the website, but AUA is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the website following any announced change will be deemed as conclusive acceptance of any change to the Agreement. Accordingly, please review the Agreement on a periodic basis.

Section 27

Electronic Communications

AUA may send emails or other electronic messages to you concerning your use of the website, including without limitation by providing alerts or notifications within the website. You consent to receive such electronic communications and you agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

Section 28

Relationship of the Parties

The relationship between you and AUA formed by this Agreement is that of independent contractors, and nothing herein shall be construed as creating any joint venture, partnership, employment, or agency relationship (notwithstanding any prior, contemporaneous, or subsequent relationship between the parties formed via any separate and independent transactions unrelated to the subject matter hereof).

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