1. Binding Agreement. Please review the following Medical Week News Web Site Use Agreement ("Agreement") in its entirety before using the Diet Drug Report or any of the Medical Week Web Sites. This Agreement between Medical Week News, Inc. ("We", "Us" or "Our") and you as a user of a Medical Week News Web Site ("You" or "Your") governs your use of any Medical Week News 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 News 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. 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. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 PAID US -- IF ANY -- 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.
10. 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, or (2) your unauthorized or unlawful use of the Site.
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. 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.
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.
Last Revised May 15, 2007. Copyright © 2006-2007, all rights reserved.