1. Permitted Use.
User has a nonexclusive, nontransferable, limited, revocable right to use the Website solely for User’s personal educational, informational, and entertainment use. User will not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, User will not and will not authorize any other party to (i) Co-brand the Website or portion thereof, or (ii) frame the Website or portion thereof (whereby the Website or portion thereof will appear on the same screen with a portion of another website). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Website or content accessible within the Website (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Website (the "Content") is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The information provided by A.D.A.M. should not be used during any medical emergency or for the diagnosis or treatment of any medical condition. A licensed physician should be consulted for diagnosis and treatment of any and all medical conditions. Call 911 for all medical emergencies. Links to other sites are provided for information only -- they do not constitute endorsements of those other sites. Copyright 2010 A.D.A.M., Inc. Any duplication or distribution of the information contained herein is strictly prohibited.
A.D.A.M., Inc. is accredited by URAC, also known as the American Accreditation HealthCare Commission (www.urac.org). URAC's accreditation program is the first of its kind, requiring compliance with 51 standards of quality and accountability, verified by independent audit. A.D.A.M. is among the first to achieve this important distinction for online health information and services. Learn more about A.D.A.M.'s editorial reviewers. A.D.A.M. is also a founding member of Hi-Ethics and subscribes to the principles of the Health on the Net Foundation (www.hon.ch)..
Further, User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User acknowledges and agrees that User accesses, uses and relies upon such content at User’s own risk. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. A.D.A.M. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. USER ACKNOWLEDGES AND AGREES THAT A.D.A.M. IS NOT IN THE BUSINESS OF PROVIDING ANY TYPE OF PROFESSIONAL MEDICAL ADVICE WHATSOEVER.
4. Limitation on Liability.
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
User will indemnify and hold the Company, its licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of this Agreement by User, including any use of Content other than as expressly authorized in these Terms And Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Website.
(a) Governing Law. These Terms and Conditions will be governed by the law of the State of Georgia, without regard to its choice of laws provisions.
(b) Venue and Jurisdiction. User submits to the jurisdiction of the state and federal courts in Atlanta, Georgia for the purposes of resolving any dispute arising out of the subject matter of these Terms and Conditions.
(c) Severability. If any provision of these Terms And Conditions is deemed to be unenforceable as written under applicable law, the parties intend that such provision be modified to the extent, and only to the extent, necessary to make such provision enforceable. In the event any unenforceable provision cannot be modified to make it enforceable, the parties intend that such provision be stricken from these Terms And Conditions with all other provisions remaining in full force and effect.
(d) Force Majeure. The Company will not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals, or hackers.
(e) Third Party Sales or Websites. Via access provided by the Website, User may order products and service from third parties who are not affiliated with the Company. The Company is not a party to any transactions with third parties and makes no representations or warranties whatsoever with respect either to such third parties or to the subject matter of such transactions. The Company will have no responsibility or liability with respect to any such transactions.
(f) Third Party Beneficiaries. Sections 2 through 5 are also for the benefit of the Company’s licensors, content providers, and service providers, and each shall have the right to assert and enforce such provisions directly on its own behalf.
(g) No Waiver. The failure on the part of the Company to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy. For example, failure of the Company to enforce the prohibition against unauthorized Co-branding and framing contained in Section 1 will not operate as a waiver of the Company’s right to enforce that prohibition at any time against any party.