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Disclaimer


(This text is excerpted from the Terms and Conditions document, accessible by clicking here.)

1. USE OF SERVICE.

Medical Media Systems may alter, augment or remove the Service in whole or in part at any time and from time to time in its sole discretion. The Service is specifically intended for use by students and practitioners of the health professions. In all cases, however, the Service is intended for general reference only... User will use the Medical Media Systems Information only as a reference aid, and will acknowledge that such information is not intended to be (nor should it be used as) a substitute for the exercise of professional judgment. In view of the possibility of human error or changes in medical science, User should confirm the information in the Content through independent sources. User agrees and acknowledges that User will, at all times, advice patients to seek professional diagnosis and treatment for any medical condition and to discuss information obtained from the Content with their healthcare provider.

To use the Service you will need to have access to the World Wide Web and you must pay any fees associated with your use of such access. Of course, you will also need equipment and a modem or other access device.

2. DISCLAIMER OF WARRANTIES.

The customer acknowledges that the service and any products are provided on an "as is" basis. Except for warranties which may not be disclaimed as a matter of law, Medical Media Systems makes no representation or warranties whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the service, warranties of title, noninfringement, merchantability or fitness for a particular purpose. Medical Media Systems makes no warranty that the service will meet your requirements, or will be uninterrupted, timely, secure, current, accurate, complete or error-free or that the results that may be obtained by use of the service will be accurate or reliable. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with the service is to cease to use the service.

The customer acknowledges that updates to the Service are at the sole discretion of Medical Media Systems. Medical Media Systems makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Medical Media Systems represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof.

Any warranties expressly provided herein do not apply if: (i) the Customer alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the Customer uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Medical Media Systems, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Medical Media Systems.

3. LIMITATION OF LIABILITY

You expressly understand and agree that Medical Media Systems shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data loss or other losses (even if Medical Media Systems has been advised of the possibility of such damages), resulting from: the use or inability to use the service, statements or conduct of any third party provided or received as a result of the service, any link provided in connection with the service, or any matter otherwise related to your use of the service.

The customer assumes all risk for selection and use of the service and content provided thereon or any software furnished in connection therewith. Medical Media Systems shall not be responsible for any errors, misstatements, inaccuracies or omissions regarding content delivered through the service or any delays in or interruptions of such delivery.

The customer acknowledges that Medical Media Systems: (A) has no control of or responsibility for the customer's use of the service or content provided thereon, (B) has no knowledge of the specific or unique circumstances under which the service or content provided thereon may be used by the customer, (C) undertakes no obligation to supplement or update content of the service, or (D) has no liability to any person for any data or information input on the service by the customer to the service.

Medical Media Systems shall not be liable to any person (including but not limited to the Customer and persons treated by or on behalf of the Customer) for, and the customer agrees to indemnify and hold Medical Media Systems harmless from any claims, lawsuits, proceedings, costs, attorney's fees, damages or other losses (collectively, "losses") arising out of or relating to (A) the customer's use of the service or content provided thereon or any software furnished in connection therewith and (B) any data or information input on the service by Customer, in all case including but not limited to losses for tort, personal injury, medical malpractice or product liability. Further, without limiting the foregoing, in no event shall Medical Media Systems be liable for any special, incidental, consequential, or indirect damages, including damages for loss of profits, loss of business, or down time, even if Medical Media Systems has been advised of the possibility of such damages, the information contained within the service is intended for use only by physicians and other healthcare professionals who should rely on their clinical discretion and judgment in diagnosis and treatment. As between the customer and Medical Media Systems, the Customer hereby assumes full responsibility for insuring the appropriateness of using and relying upon the information in view of all attendant circumstances, indications and contradictions.

4. DISCLAIMER OF CONTENT

You understand and acknowledge that Medical Media Systems assumes no responsibility to screen or review content provided as part of the services and that Medical Media Systems shall have the right (but not the obligation) in its sole discretion to refuse, monitor or to remove any content that is available through the service. Medical Media Systems expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of content review. You acknowledge and agree that you assume all risk associated with the use of any and all content.

5. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web Sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Medical Media Systems with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Medical Media Systems is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. Medical Media Systems makes no representations or warranties with respect to any linked site: your use of any linked site is solely at your own risk. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

6. WARRANTY; DISCLAIMER.

The Medical Media Systems information is provided to user "as is." except as expressly provided under this agreement, Medical Media Systems and its affiliates, agents and licensors: (a) cannot and do not warrant the accuracy, completeness, currency or non-infringement of the Medical Media Systems information provided hereunder; and (b) expressly disclaim all warranties and conditions, express, implied or statutory, including without limitation the implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement. The laws of some jurisdictions do not permit waivers of certain warranties, so portions of the above disclaimer may not apply to User. In the event Medical Media Systems cannot waive any warranty, the duration and scope of such warranty will be the minimum permitted under applicable law.

7. LIMITATIONS OF LIABILITY

Neither Medical Media Systems nor its affiliates, agents or licensors shall be liable under any claim, demand or action arising out of or relating to user's use of the Medical Media Systems information, nor Medical Media Systems' performance of (or failure to perform) any obligation under this agreement, nor for direct, special, incidental or consequential damages, including, without limitation, damages due to lost profits or business interruption, or other damages, even if Medical Media Systems, its affiliates, agents or licensors have been advised of the possibility of such loss or damages and whether or not such loss or damages is/are foreseeable and notwithstanding the failure of essential purpose of any limited remedy. The laws of some jurisdictions do not permit the disclaimer of liability for certain types of damages, so portions of the above may not apply to User.


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