1.Agreement: This AskDrWalker.com web site (the
"Service") is an online information and communications service
provided by AskDrWalker.com Network Company which contains information from
various content providers, including, without limitation, Massachusetts Medical
Society and the United States Pharmacopoeias Convention, Inc.
("Suppliers"). The Service is offered to You subject to Your
acceptance of and compliance with these terms and conditions as presented herein
(the "Agreement"). As used in this Agreement "We",
"Us" or "Our" refers collectively to AskDrWalker Network
Company ("ONC"). "You" refers to You, the user of this
Service. By accessing or using the Service, You agree to be bound by the terms
and conditions of this Agreement. If You do not agree to be bound by these terms
and conditions, You may not access or use the Service.
2. License: We hereby grant You the right to view and use this Service subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this Service for Your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at P.O. Box 1167, Pendleton, Oregon 97801.
3. Privacy Policy & Use of Personal Information: We respect
Your personal privacy. We will never release Your name, street address,
telephone number or e-mail address without Your consent. We deploy computer
encryption technology to protect the information You send Us. To defer the costs
of bringing you the Service, You agree that We may distribute aggregate
information about Our users to advertisers or business associates, but We will
not individually identify you. You also agree that We may use information You
submit to operate this Service, or as required by law.
4. Usage Rules: As a condition of Your use of this Service, You
warrant to Us that You will not use this Service for any purpose that is
unlawful or prohibited by this Agreement. We reserve the right to deny You
access to any part of this Service at Our sole discretion. You are responsible
for material that You send to any "discussion" group available through
the Service. The chat and newsgroup discussions on this Service are not
guaranteed to be monitored for unacceptable use, nor will any statements made
therein be authenticated or endorsed by Us. In order to maintain an informative
and valuable service for You, but one which seeks to avoid the harm that can
result from disseminating statements that are false, malicious, volatile the
rights of others, or otherwise harmful, it is necessary to establish the
following rules to protect against abuse.
(a) You may not post or transmit any message anonymously or under a false
name. You may not permit any other person (other than an agent acting on Your
behalf and subject to Your direct supervision) to access the Service using Your
account for any purpose.
(b) You may not post or transmit any message which is libelous, defamatory or
which discloses private or personal matters concerning any person. You may not
post or transmit any message, data, image or program which is indecent, obscene
or pornographic.
(c) You may not post or transmit any message, data, image or program that
would violate the property rights of others, including unauthorized copyrighted
text, images or programs, trade secrets or other confidential proprietary
information, and trademarks or service marks used in an infringing fashion.
(d) You may not interfere with other user's use of the Service, including,
without limitation, disrupting the normal flow of dialogue in a chat room.
(e) You may not post or transmit any file which contains viruses, worms,
Trojan horses or any other contaminating or destructive features.
(f) You may not post or transmit any message which is harmful, threatening,
abusive or hateful. It is not the Service's intent to discourage Users from
taking controversial positions or expressing vigorously what may be unpopular
views; however, We reserve the right to take such action as it deems appropriate
in cases where the Service is used to disseminate statements which are deeply
and widely offensive and/or harmful.
(g) You may not post or transmit charity requests, petitions for signatures,
chain letters or letters relating to pyramid schemes. You may not post or
transmit any advertising, promotional materials or any other solicitation of
other users to use goods or services except in those areas (e.g., a classified
bulletin board) that are designated for such purpose.
5. Warranty Disclaimer. The information provided through this
Service is for educational purposes only. THIS SERVICE DOES NOT OFFER MEDICAL
ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVISE RECEIVED VIA THIS
SERVICE SHOULD NOT BE RELIED UPON FOR MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION. We and Our Suppliers assume no responsibility for how You use
the information provided through this Service. You should always seek the advice
of Your physician or other qualified health provider prior to starting any new
treatment or with any questions You may have regarding a medical condition.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE
SUITABILITY OF PRODUCTS AND SERVICES OR THE TIMELINESS OR ACCURACY OF THE
INFORMATION AVAILABLE THROUGH THIS SERVICE FOR ANY PURPOSE. WE AND OUR SUPPLIERS
DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS,
SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE,
INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES,
WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE. ALTHOUGH WE OR OUR SUPPLIERS
MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, PLEASE NOTE THAT
MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE
OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS
6. Supplier Information: You understand that except for
information posted on the Service by Suppliers which will be clearly identified
as being supplied by Suppliers (e.g. USP or MMS), the Suppliers are not
responsible for content on this Service.
With regard to USP information available on this Service You should note the
following:
(a) The information about drugs contained in this database is general in
nature and is intended for use as an educational aid. It does not cover all
possible uses, actions, precautions, side effects, or interactions of these
medicines, nor is the information intended as medical advice for individual
problems or for making an evaluation as to the risks and benefits of taking a
particular drug.
(b) The information in these on-line "leaflets" has been
selectively abstracted from USP DI for use as an educational aid and does not
cover all possible uses, actions, precautions, side effects, or interactions of
this medicine. It is not intended as medical advice for individual problems.
(c) The text that a user may be viewing at any one time, or may print, may
contain only a portion of the full Leaflet or USP monograph. The entire USP DI
should be consulted for complete information.
NOTICE: The information provided by the USP Convention contained herein has
been devised without reference to cultural, dietary, societal, language,
prescribing or dispensing conditions (including those imposed by law), other
than those of the United States, which might affect the information provided.
7. Links: The Service may contains links to web sites operated
by other parties. The links are provided for Your convenience only. Neither We
nor Our Suppliers control such web sites and We are not responsible for the
content and performance of these sites or for Your transactions with them. Our
inclusion of links to such web sites does not imply any endorsement of the
material on such web sites or any association with their operators. This Service
does not in any way operate, control or endorse any information, products or
services provided by third parties through the Internet.
8. Limitations on Liability: TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
DATA, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THIS WEB SITE, WITH THE DELAY OR INABILITY TO USE THIS
WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SERVICES AND RELATED GRAPHICS CONTAINED ON OR MADE AVAILABLE
THROUGH THIS WEB SITE AND THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. Changes to Terms and Conditions in this Agreement: We
reserve the right to modify the terms and conditions of this Agreement at any
time, and such modifications shall be effective immediately upon either posting
of the modified Agreement or by notification to You. You agree to review this
Agreement periodically to be aware of such modifications and Your continued
access or use of the Service shall be deemed Your conclusive acceptance of the
modified Agreement. You agree that these standards for notice of changes are
reasonable.
10. Oregon Law and Forum, One Year Statute of Limitations: This Agreement shall all be governed and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between the Us and You for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Oregon. Any cause of action or claim You may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. In any dispute between Us and You relating to this Service, We shall be entitled to attorneys' fees, costs and expenses.
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