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Terms and Conditions of Use These Terms and Conditions of Use apply to the Collaborative CareSM Web site, which is owned and operated by Health Dialog Services Corporation ("Health Dialog"). Any use of this site constitutes your agreement to these Terms and Conditions of Use. This Site Does Not Provide Medical Advice The content of the Collaborative CareSM Web site, such as text, graphics, images, information, and other material ("Content"), contained on or provided through this site is general in nature and for informational purposes only. Health Dialog does not engage in the practice of medicine or provide medical diagnoses or recommendations about the course of treatment for your particular circumstances, and does not recommend or endorse any specific tests, products, procedures, opinions, or information that may be contained in the Content for your particular circumstances. This Content is not intended to be a substitute for medical advice, diagnosis, or treatment, and should never be used as a substitute for seeking medical advice from your own physician or healthcare provider. Always seek the advice of your physician or qualified healthcare provider with any questions you may have regarding a medical condition, regardless of any information you may obtain from the Collaborative CareSM site. If you think you may have a medical emergency, call your doctor or 911 immediately. Any diagnosis or treatment decisions made by you should be made in consultation with your qualified healthcare provider. Do not rely solely on the Content or on anything you have read or seen on the Collaborative CareSM Web site to make medical or treatment decisions. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR SEEN ON THE COLLABORATIVE CARESM SITE. Use of Content The Content is protected by all applicable intellectual property laws including without limitation Title 17 of the United States Code. The Content contains trademarks, service marks, and registered trademarks of Health Dialog and its licensors. All rights and title to the Content, trademarks and service marks herein remain with Health Dialog or its licensors. Health Dialog licenses you only to view the Collaborative CareSM site, and to download (at your own risk) a single copy of the material on the Collaborative CareSM site solely for your personal, noncommercial use, provided that you do not alter, obscure, or remove any copyright or trademark notice present in the Content. All rights not expressly granted herein are reserved to Health Dialog and its licensors, and if you violate any of the conditions set forth above, your license to view the Content shall automatically terminate and you must immediately destroy any electronic or paper copies of the Content in your possession. You may not reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Collaborative CareSM site or the Content. You may not link to this site. Access Control You grant Health Dialog and all other persons and entities involved in the operation of the Collaborative CareSM site the right to transmit, monitor, retrieve, store, and use any information transmitted by you to Health Dialog in connection with the operation of the site. Termination If you violate these Terms and Conditions of Use, your license to view the Collaborative CareSM site will terminate. Health Dialog may, in its sole discretion, terminate your access to the Collaborative CareSM site, or any portion thereof, or discontinue providing the site, or any portion thereof. These actions are in addition to and not in lieu or limitation of any other right or remedy Health Dialog may have available at law. Further, Health Dialog shall not be liable to you or any third party for any such termination or discontinuance. Jurisdiction You expressly agree that exclusive jurisdiction for any dispute with Health Dialog, or in any way relating to your use of the Collaborative CareSM site, resides in the courts of the Commonwealth of Massachusetts and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any such dispute including any claim involving Health Dialog or its affiliates, subsidiaries, employees, contractors, officers, or directors. These Terms and Conditions of Use are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. Liability of Health Dialog and its Licensors The use of the Collaborative CareSM site and the Content herein is at your own risk. The site and the Content are provided on an "AS IS" basis. You should not assume that the Content is complete or up to date on any particular topic. Health Dialog assumes no liability arising from or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Collaborative CareSM site. Health Dialog is not liable for indirect, incidental, special, consequential, or punitive damages, whether foreseeable or unforeseeable, of any kind whatsoever, arising out of or in connection with the Collaborative CareSM site, whether based on warranty, contract, tort, (including negligence), product liability, or other legal or equitable theories, even if Health Dialog has been advised of the possibility of such damage. Health Dialog is not liable to you or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through the Collaborative CareSM site. HEALTH DIALOG, ITS LICENSORS, AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES FOR THE CONTENT AND THE COLLABORATIVE CARESM SITE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE, AND FITNESS FOR ANY PARTICULAR PURPOSE. Health Dialog, its licensors, and its suppliers make no representations or warranties about (i) the accuracy, reliability, completeness, currency, or timeliness of the Content, software, links, or communications provided on or through the use of the Collaborative CareSM site, and (ii) the satisfaction of government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to Content provided on the Collaborative CareSM site. External Links The Collaborative CareSM site contains links to other sites. Health Dialog is not responsible for and does not make any representations regarding the content of these linked third-party Web sites. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. Modifications to Terms and Conditions of Use Any modifications made to these Terms and Conditions of Use will be effective immediately upon posting on the site. By accessing or using the site, you agree to be bound by all of the Terms and Conditions of Use as posted on the site at the time of your access or use. You agree to review the agreement posted on the site each time you use the site so that you are aware of any modifications made to the agreement. Privacy Policy This Privacy Policy applies to the Collaborative CareSM Web site, which is owned and operated by Health Dialog Services Corporation ("Health Dialog"). Any use of this site constitutes your agreement to this Privacy Policy. PLEASE DO NOT SUBMIT ANY INFORMATION OF A PERSONAL OR HEALTH-RELATED NATURE TO US USING THIS WEB SITE. ANY INFORMATION YOU PROVIDE TO US VOLUNTARILY USING THIS SITE MAY NOT BE SUBJECT TO THE PROTECTIONS AFFORDED BY CERTAIN FEDERAL PRIVACY LAWS AND REGULATIONS (E.G., HIPAA). Personal Information Collection If you transmit any Personally Identifiable Information ("PII"), which is information that can be traced back to you (such as your name or address) via the Collaborative CareSM site, Health Dialog will not disclose any PII it gathers from you except as set forth in this Privacy Policy or as specifically agreed to by you. Health Dialog will only use or disclose PII collected by the site as follows: (i) with your specific authorization, which you are deemed to provide upon requesting information from the company or ordering a product offered for sale on the site; (ii) to certain agents or contractors who are contractually bound to protect your privacy; (iii) as required by law or valid legal proceedings; or (iv) in connection with the sale or merger of the company. We use reasonable technical, administrative, and physical measures designed to protect the privacy and security of your information, and we provide reasonable safeguards to protect the confidentiality, integrity, and availability of your information. We will take all reasonable steps to prevent inadvertent disclosures to unauthorized parties and will take steps to eliminate any such risks once they have come to our attention. However, despite Health Dialog's efforts to protect your PII, there is always some risk that an unauthorized third party may inappropriately access our security systems or that electronic transmissions of your information may be intercepted. The use of the Collaborative CareSM site is at your own risk. Children You should be aware that this site is not intended or designed for use by children under age 13.BY ACCESSING THE COLLABORATIVE CARESM WEB SITE, YOU REPRESENT THAT YOU ARE AN ADULT 13 YEARS OR OLDER. External Links The Collaborative CareSM site may contain links to other sites. Once you enter another Web site through any link on this site, be aware that Health Dialog is not responsible for the privacy or security practices of such other sites and such other sites may contain commercial advertising. Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites. We encourage you to read the privacy and confidentiality statements of any third-party site you visit and to critically assess each site's accuracy and credibility of content for yourself. Modifications to Privacy Policy Any modifications made to this Privacy Policy will be effective immediately upon posting on the site. When the Privacy Policy is updated, Health Dialog will post a new effective date below. You agree to review the Privacy Policy posted on the site each time you use the site so that you are aware of any modifications made to the Privacy Policy. The above Terms and Conditions of Use and Privacy Policy are effective as of: July 31, 2005. |