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Terms and conditions of use

These Terms and Conditions of Use apply to each of the web sites owned and operated by Health Dialog Services Corporation ("Health Dialog"), including but not limited to www.thedialogcenter.com and www.healthcrossroads.com (collectively and each separately, the "site"). Any use of this site constitutes your agreement to these Terms and Conditions of Use.

The Website Privacy Policy is incorporated into and is part of the Terms and Conditions of Use.  The Privacy Policy includes terms, such as Special Note About Children, that are important to the Terms and Conditions of Use.  

This Site Does Not Provide Medical Advice

All of the content contained on or provided through this site, such as text, graphics, images, information, and other material ("Content"), is general in nature and for informational purposes only. Health Dialog does not engage in the practice of medicine.  Health Dialog does not provide medical diagnoses or recommendations about the course of treatment for your particular circumstances, and does not recommend or endorse any specific services, procedures, tests, products, or procedures referred to or opinions or information that may be contained in the Content for your particular circumstances. None of the Content is intended to be used as 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. The Content is for your personal use only and will not be assessed or reviewed by Health Dialog in order to diagnose or treat any medical symptom or condition.  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 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 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 THIS SITE.

This Site Contains No Marketing or Advertising

Health Dialog does not market, advertise or provide commercial sponsorship for the products, goods or services of any third party and has no financial arrangements with any third party to advertise, market or provide commercial sponsorship of specific products, goods or services.

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 site, and to download (at your own risk) a single copy of the Content solely for your personal 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 commercial gain any portion of the site or the Content.  You may not circumvent or disable any security measure adopted by the site (including, without limitation, making available any use passwords or access codes issued to others.)  You may not access or use the source code (other than human readable HTML code made available through the ordinary operation of commercial browsers) used to implement and operate the site by any means, including, without limitation, reverse engineering such source code through reverse engineering, decompilation, or disassembly of executable code made accessible through the site. You may not link to this site.

Access Control

It is your sole responsibility to (i) control the dissemination and use of activation codes and passwords; (ii) authorize, monitor, and control access to and use of your member account and password; (iii) promptly inform Health Dialog Technical Support of any need to deactivate a password. You grant Health Dialog and all other persons and entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site.

Termination

If you violate these Terms and Conditions of Use, your license to view the site will terminate.  Health Dialog may, in its sole discretion, terminate your access to the 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.

Choice of Law and Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with Health Dialog, or in any way relating to your use of the 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 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 site.

Health Dialog and its licensors and suppliers are 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 site, whether based on warranty, contract, tort (including negligence), product liability or other legal or equitable theories, even if Health Dialog and its licensors and suppliers have 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 Content or the site.

HEALTH DIALOG, AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES FOR THE CONTENT AND THE 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, and its licensors and 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 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 site.

Indemnity

You agree to defend, indemnify and hold Health Dialog, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements (including without limitation reasonable attorney and accounting fees), resulting from or alleged to result from your violation of these Terms and Conditions of  Use.

External Links

The site contains links to third-party web sites. The linked sites are not under the control of Health Dialog, and Health Dialog is not responsible for the contents of any linked site.  Health Dialog provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Health Dialog.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites. Health Dialog disclaims any and all liability for any medical and health treatment information set forth on linked sites.

Foundation for Informed Medical Decision Making

Certain Content on the site has been developed by Health Dialog in collaboration with the Foundation for Informed Medical Decision Making (the "Foundation").  The Foundation is an independent nonprofit, tax-exempt organization organized for the purpose of promoting informed decision-making by patients through research and various methods of patient education.

Healthwise®

Certain Content on the site may be provided and owned by Healthwise, Incorporated, and is made available pursuant to a contractual relationship between Healthwise, Incorporated and Health Dialog (the "Healthwise Content").  Healthwise® and the Healthwise logo are trademarks of Healthwise, Incorporated.  Health Dialog is responsible for processing updates to the Healthwise Content submitted by Healthwise, Incorporated to Health Dialog in accordance with their licensing agreement, but Health Dialog has no control over the Content provided by Healthwise.  The restrictions and limitations set forth within these Terms & Conditions of Use also apply with respect to any Healthwise Content on the site.  The site also may contain links to sites operated by Healthwise. Your use of any linked Healthwise sites is at your own risk and subject to the privacy policy and terms of conditions of use of those Healthwise sites.  For more information about Healthwise, Incorporated, click here.

Access From Outside the United States

Health Dialog has its principal offices in Boston, Massachusetts in the United States of America.  Health Dialog makes no representations that the Content or the site are appropriate or may be used or downloaded outside the United States. Access to the site and/or the Content may not be legal in certain countries outside the United States.  If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.

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 Terms and Conditions of Use posted on the site each time you use the site so that you are aware of any modifications made to the Terms and Conditions of Use.

The above Terms and Conditions of Use are effective as of December 17, 2009.

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