By
using this Site, you signify that you agree to abide with the following
terms ("Terms of Use"). If you do not agree to these Terms
of Use, you cannot use the Site. We and our officers, directors,
parent(s), employees, agents, licensees, assigns, subsidiaries and
related entities ("Company"), reserve the right, at our
discretion, to change, modify, add or remove portions of these Terms
of Use at any time. Please review the Terms of Service periodically
for changes. Changes to Terms of Use will be posted on the Site,
and posting will constitute notification of such changes. Your continued
use of the Site or Specialty Sites following the posting of changes
to these Terms of Use will mean you agree to abide by those changes.
In addition, certain Company services may have additional guidelines
or rules. When using these Company services, you shall be subject
to any posted guidelines or rules applicable to such services in
addition to these Terms of Use.
I.
DESCRIPTION OF SERVICE
The information provided on this site is designed to support, not
replace, the relationship that exists between a patient/site visitor
and his/her existing physician. Company currently provides users
with access to the latest medical information on the Web (the "Service").
You understand and agree that the Service is provided "AS IS"
and that Company assumes no responsibility for the timeliness, deletion
or misdelivery.
II.
LINKS TO THIRD-PARTY SITES
The Service may contain links, through advertising, affiliation,
or otherwise, to other web sites ("Linked Sites"). The
Linked Sites are not under the control of Company and Company is
not responsible or liable for the communications or materials of
any Linked Sites. Company is providing these links to you as a convenience
and to advertisers and affiliates to promote their own sites or
products, and the inclusion of any link does not imply endorsement
by Company of the site or any association with its operators. You
are responsible for adhering to the applicable terms of service
for any other Web site. You are strongly encouraged to evaluate
any third-party sites, as you are solely responsible and liable
for any interactions you may have with such sites, their sponsors
and other third parties.
III.
PRIVACY
Your personal information is subject to our Privacy
Policy, which you should read in its entirety. The most current
version of the Privacy Policy
always is posted on the Site.
IV.
THIRD-PARTY RIGHTS
If you believe that any of the material contained on the Site or
Specialty Sites infringes or violates any copyrights, trademarks
or other intellectual property rights owned by you or any other
rights, please contact us the specifics of your claim. Please
include an identification of the offending work(s), the location(s)
of the work on the Site, a good faith believe as to why such work(s)
infringe or violate your rights, and your name, address, telephone
number, and email address. Please be advised that such complaints
must contain accurate information, submitted under penalty of perjury
by the owner or by a person authorized to act on behalf of the
owner of the exclusive copyright allegedly infringed.
V.
TERMINATION
Company may in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. Company
shall not be liable to you or any third party for any termination
of your access to the Service.
VI.
INDEMNITY
You agree to indemnify and hold Company and its officers, directors,
parent(s), employees, agents, licensees, assigns, subsidiaries,
affiliates, co-branders or other partners harmless from any claim,
cause of action, suit, or demand, including reasonable attorney's
fees, based on your breach of the foregoing warranties or these
Terms of Use.
VII.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE
SERVICE, INCLUDING ALL INFORMATION, PRODUCTS, AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION) IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY
KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE,
PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT THAT ANY PORTION OF THE SITE OR THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED
OR THAT THE SITE OR THE SERVICE THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL CODE. COMPANY DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE
OF THE MATERIALS IN THIS SITE IN TERMS OF CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
VIII.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUPPLIERS OR
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES, LOST PROFITS OR THE COST TO PROCURE
SUBSTITUTE GOODS AND SERVICES ARISING OUT OF THE USE OF THE SITE
OR THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
