1. Binding Agreement. Please review the following Medical
Week Web Site Use Agreement ("Agreement") in its entirety before
using Arthritis Week or any of the Medical Week Web Sites. This
Agreement between Medical Week, L.L.C. ("We", "Us" or "Our") and
you as a user of a Medical Week Web Site ("You" or "Your") governs
your use of any Medical Week Web Site, including, without limitation,
all content such as text, information, images, applications and
audio (collectively, "Content") and all services ("Services")
made available to you through this Medical Week Web Site (this
Site and the Content and Services are collectively referred to
herein as the "Site") by us and/or third parties.
This Agreement is a binding legal document that defines your
rights and obligations relative to your use of this Site. In addition,
if you have gained access to this Site as a member of a group,
practice, hospital or other organization ("Organization"), your
use in this Site may be subject to additional terms and conditions
agreed to by your Organization and us. You indicate your conclusive
acceptance of this Agreement by using this Site in any manner
whatsoever. If you do not agree to this Agreement, please do not
access or use this Site in any manner whatsoever.
As provided elsewhere in this Agreement, we may revise this
Agreement or this Site at any time in our sole discretion without
notice. We will post the revised Agreement on this Site and such
revised Agreement shall be effective immediately upon its posting.
You agree you will periodically review this Agreement for changes
when using this Site. If at any time you do not agree to the revisions
we make in this Agreement or this Site, you should no longer access
or use this Site in any manner whatsoever.
2. Your Use of Content. The Content consists of copyrighted
works proprietary to us or to third parties who have provided
us with Content ("Content Providers.") You may download and print
a single copy of the Content solely for your use in connection
with your internal non-commercial use. Any Content you download
or print may not be altered in any way and must contain all copyright
and proprietary rights notices that were contained in such Content.
ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL
PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT
LAWS AND TREATIES.
3. Intellectual Property Ownership. You agree that we
(or our Content Providers) own all worldwide rights, titles and
interests in and to the Site and all intellectual property rights
therein. You may create a bookmark in your browser to the home
page of the Site. Otherwise, you may not create a link to the
Site without our prior written approval. All rights not expressly
granted in this Agreement are reserved to us. No other rights
or licenses, whether express, implied, arising by estoppel, or
otherwise are conveyed or intended by this Agreement.
4. Secured Access. The Site is intended by us to require
a userID and password to access and use. You are solely responsible
for maintaining the strict confidentiality of the userIDs, passwords
and codes (collectively, "IDs") we assign to you and any charges,
damages, or losses that may be incurred or suffered as a result
of your failure to do so. We are not liable for any harm related
to the theft of your IDs, your disclosure of your IDs, or your
authorization to allow another person or entity to access and
use the Site using your IDs. You agree to immediately notify us
of any unauthorized use of your IDs or other need to deactivate
an ID due to security concerns.
5. Advertisements and Links. The Site contains announcements
placed by or on behalf of third parties. These announcements may
contain links to other web sites. For your convenience, we provide
links on our Site to third party web sites. These third party
web sites are not under our control and we are not responsible
for such third party web sites. UNLESS EXPRESSLY STATED BY US,
WE DO NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES OR
WEB SITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER
ANY SUCH PRODUCT, SERVICE, OR WEB SITE MAY BE EITHER NECESSARY
OR APPROPRIATE FOR YOU.
6. Outside the United States; Jurisdiction. Our corporate
headquarters is in Vero Beach, Florida, in the United States of
America. We make no claims that the Site is appropriate for access
or use outside the U.S. Your access and/or use of our Site outside
the U.S. is at your own risk, and you are responsible for compliance
with the laws of your jurisdiction. You expressly agree that exclusive
jurisdiction for any dispute with us, or in any way relating to
your access or use of the Site, resides in the courts of the State
of Florida and you further agree and expressly consent to the
exercise of personal jurisdiction in the courts of the State of
Florida in connection with any such dispute including any claim
involving us or agents, employees, contractors, officers, directors,
telecommunication providers and content providers. This Agreement
is governed by the substantive laws of the State of Florida, without
respect to its conflict of laws principles.
7. Fees and Payment Terms. Your use of the Site is subject
to payment of a subscription fee.
8. Access. All user information provided to us, including
without limitation the information on the enrollment forms, must
be current, accurate and complete. You are allowed to access and
use the Site subject to the terms and conditions of this Agreement
and as may be revised from time to time by us in our sole discretion.
If we at any time discover any error or omission in the information
you provide to us, we reserve the right to terminate your right
to access.
9. Medical Disclaimers. The Content available through
the Site is for informational and educational purposes only and
is not a substitute for the professional judgment of the health
care professional in diagnosing and treating patients. We do not
give medical advice, nor do we provide medical or diagnostic services.
Your reliance upon Content obtained by you at or through the Site
is solely at your own risk.
10. General Disclaimers. THE SITE IS PROVIDED TO YOU
ON AN "AS IS, WITH ALL FAULTS" BASIS, AND YOUR USE THEREOF IS
AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR
CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY
CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY.
WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS
TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE,
(2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS,
OR (3) IS COMPLETELY SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL
PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU
AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE
OF YOUR USE OF THE SITE. Some jurisdictions do not permit the
exclusion or limitation of implied warranties. Therefore, only
if required by applicable law, some or all of the exclusions or
limitations above may not apply to you. You may have other rights
from jurisdiction to jurisdiction.
11. Exclusion of Damages. UNDER NO CIRCUMSTANCES WHATSOEVER
WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR
ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL,
EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY
MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON
THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS,
UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM
BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL
APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion
of certain types of damages. Therefore, only if required by applicable
law, some or all of the exclusions above may not apply to you.
You may have other rights from jurisdiction to jurisdiction.
12. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER
TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR
ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE
THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER
OF $20 OR THE FEES YOU OR YOUR ORGANIZATION PAID US DURING THE
THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION
OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE
FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK
BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU
TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO
THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO
YOU.
13. Indemnity. You agree to defend, indemnify and hold
us harmless against any losses, expenses, costs or damages (including
our reasonable attorneys' fees, expert fees' and other reasonable
costs of litigation) arising from, incurred as a result of, or
in any manner related to (1) your breach of the terms of this
Agreement, (2) your unauthorized or unlawful use of the Site,
and (3) the unauthorized or unlawful use of the Site by any other
person using your IDs.
14. Entire Agreement. This Agreement contains the entire
agreement between you and us relating to the subject matter hereof,
and supersedes any other oral or written communications relating
thereto. This Agreement may not be amended or supplemented by
(1) any purchase order or similar form originated by you relating
to the subject matter hereof, or (2) statements of any of our
employees. We reserve the right to make changes to this Agreement
at any time without advance notice. We agree to post all amended
forms of this Agreement on the Site and such amended forms shall
be effective immediately upon its posting. It is at all times
your responsibility to read the most current form of this Agreement
before using the Site to ensure that you agree to the terms and
conditions of any amendments made to this Agreement. You agree
that these standards for notice of amendments to this Agreement
are reasonable. This Agreement does not affect or replace any
agreement that is entered into by your Organization with us.
15. Termination. Your right to access and use the Site
immediately terminates without further notice upon your breach
of this Agreement. We may terminate this Agreement and your right
to access and use the Site at any time, with or without cause.
You may terminate this Agreement by providing us with written
notice of your termination and ceasing to use or access the Site.
We reserve the right to discontinue or make changes to the Site
at any time.
Revised April 2, 2001. Copyright © 2000-2001 Medical Week,
L.L.C. All rights reserved.