Online Service Agreement
This site (the "Site") is an online resource for licensed physicians, medical professionals working under the supervision of licensed physicians, and users under the care of a licensed physician or medical professional, provided by Preventice, Inc., subject to your agreement with all of the terms and conditions offered below. Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by all of the terms and conditions below, which are intended to be fully effective and binding upon Preventice and you. Preventice may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your accessing or using the Site constitutes your acceptance of the Agreement as it appears at the time of your access or use.
YOU UNDERSTAND AND AGREE THAT THE PATIENT INFORMATION GENERATED BY THIS SITE IS INTENDED FOR USE ONLY BY A LICENSED PHYSICIAN, OR A RESIDENT OR NURSE UNDER THE SUPERVISION OF A LICENSED PHYSICIAN, AND BY ACCESSING THIS SITE, YOU ARE REPRESENTING AND WARRANTING THAT YOU WILL NOT PROVIDE ANY OF THE INFORMATION CONTAINED ON THIS SITE TO ANY PATIENT OR OTHER INDIVIDUAL UNLESS YOU ARE A PHYSICIAN WHO IS LICENSED IN THE JURISDICTION IN WHICH THE SITE WILL BE USED, OR A RESIDENT OR NURSE UNDER THE SUPERVISION OF A LOCALLY LICENSED PHYSICIAN.
YOU ALSO UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED IN THIS SITE IS NOT INTENDED TO BE, AND YOU WILL NOT USE IT AS, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU UNDERSTAND AND AGREE THAT IF YOU WILL BE PROVIDING ANY OF THE INFORMATION CONTAINED ON THIS SITE TO A PATIENT OR INDIVIDUAL, YOU, AS A LICENSED PHYSICIAN, ARE RESPONSIBLE FOR THE CARE OF ALL PATIENTS WITH WHOM YOU WILL BE USING THE SITE, AND THAT NOTHING IN THE SITE IS INTENDED TO BE OR WILL BE TAKEN AS MEDICAL DIAGNOSIS OR TREATMENT AND THAT YOU SHALL RETAIN PRIMARY RESPONSIBILITY FOR ALL DIAGNOSES, TREATMENTS AND CARE PROVIDED TO PATIENTS WITH WHOM YOU USE THE SITE. YOU FURTHER UNDERSTAND AND AGREE THAT ANY EXPLANATION THAT YOU GIVE TO A PATIENT REGARDING INFORMATION ON OR MATERIALS FROM THE SITE WILL BE CONSISTENT WITH YOUR PATIENT CARE RESPONSIBILITIES SET FORTH IN THIS PARAGRAPH. YOU ALSO UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR THE ACTIVITIES OF ANY RESIDENT OR NURSE WHO YOU ALLOW TO ACCESS THIS SITE, AND YOU UNDERSTAND AND AGREE THAT YOU WILL SUPERVISE SUCH PERSON IN A MANNER CONSISTENT WITH LOCAL LAW AND THESE TERMS OF USE. YOU ALSO UNDERSTAND AND AGREE THAT NOTHING ON THE SITE CONSTITUTES THE PROVISION OR PRACTICE OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE IN ANY JURISDICTION.
You understand that the information posted on the site has been obtained by reviewing product labels and, in some cases, from the manufacturers of the products, but has not been independently verified by Preventice. WHILE PREVENTICE BELIEVES THAT THIS INFORMATION WAS ACCURATE AT THE TIME IT WAS POSTED TO THE SITE, YOU UNDERSTAND AND AGREE THAT PREVENTICE DOES NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION LISTED ON THE SITE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, YOU AGREE THAT YOU WILL CONTACT THE MANUFACTURER OF THE PRODUCT DIRECTLY. YOU THEREFORE UNDERSTAND AND AGREE THAT THE SITE AND ANY CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE SITE IS PROVIDED ON AN "AS IS" BASIS. PREVENTICE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION TESTS OR SERVICES PROVIDED THROUGH THE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, THE PROVIDER DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SITES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL Preventice BE LIABLE TO YOU, A PATIENT TREATED BY YOU, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU, A PATIENT TREATED BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITE.
You understand and agree that, except for information, products or Sites clearly identified as being supplied by Preventice, Preventice does not operate, control or endorse any information, products or services on the Internet, including on the Site, in any way.
You also understand that Preventice cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You understand and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Preventice does not assume any responsibility or risk for your use of the Site. You understand and agree that the use of robots, spiders or any other automatic device or manual process to monitor or copy any of the information contained on the Site is expressly prohibited.
You understand and agree that the site is not targeted to users in any particular locality, nor is it intended to constitute the doing of business in any jurisdiction, nor to be a solicitation of business anywhere on behalf of Preventice, or any of its affiliated entities, nor to constitute any contacts with any jurisdiction outside of the state of Minnesota.
Potential users in any jurisdiction in the world, the common, statutory, regulatory, or codified law of which would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive venue and exclusive remedy provisions, and warranty disclaimer), or which makes accessing the Site illegal, are unauthorized to use the Site, and do so entirely at their own risk.
YOU UNDERSTAND AND AGREE THAT USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT IN NO EVENT SHALL PREVENTICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, OR SITES ACCESSED THROUGH THIS SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER'S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
You agree to defend, indemnify and hold Preventice and its officers, directors, employees and agents harmless from and against any claims, actions, demands, liabilities, judgments and settlements, including, without limitation, reasonable legal fees resulting from or alleged to result from, your use of the Site or any content or information contained on the site.
This Agreement is entered-into and performed in the State of Minnesota, United States of America, and is governed by and shall be construed in all respects under the laws of Minnesota, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to the Site, each party irrevocably submits to the exclusive personal jurisdiction of the Minnesota State District Court sitting in Olmsted County, Minnesota, or if such court does not have subject-matter jurisdiction, then each party irrevocably submits to the exclusive personal jurisdiction of the United States Court for the District of Minnesota, and whichever of those two courts has jurisdiction, each party waives any
jurisdictional, venue, or inconvenient forum objections to such court.
If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter. It may not be modified except as described elsewhere in this Agreement. Anything in the Site inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.
All trademarks appearing on the Site are the property of their respective owners.
The entire contents and design of the site are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, upload, post, display, transmit, frame or link any of these materials without prior written consent from the copyright owners, except that you may view, download, display and print a single copy of these materials on a single CPU for personal noncommercial use only, so long as: (1) you do not alter or modify the materials in any; (2) you include all applicable notices and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with Preventice; and (4) you retain primary responsibility for all diagnoses, treatments, and care provided to the patients with whom you share these materials. You understand and agree that title to these materials shall not pass to you or any other user. The materials on this Site are copyrighted by the respective Provider and a single copy may be downloaded and/or reprinted for personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any reason is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s).