These Terms and Conditions of Use apply to the Health Dialog® 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 Health Dialog® 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. 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. 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 Health Dialog® 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 Health Dialog® 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 HEALTH DIALOG® 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 Health Dialog® site, and to download (at your own risk) a single copy of the material on the Health Dialog® site 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 Health Dialog® 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 Health Dialog® 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 Health Dialog® site.
Termination
If you violate these Terms and Conditions of Use, your license to view the Health Dialog® site will terminate. Health Dialog may, in its sole discretion, terminate your access to the Health Dialog® 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 Health Dialog® 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 Health Dialog® 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 Health Dialog® 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 Health Dialog® 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 Health Dialog® site.
HEALTH DIALOG, ITS LICENSORS AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ALL WARRANTIES FOR THE CONTENT AND THE HEALTH DIALOG® 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 Health Dialog® 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 Health Dialog® site.
External Links
The Health Dialog® 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.