BY USING THE CMA AND ITS CONTENTS ON YOUR WEB SITE, YOU HEREBY ACCEPT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. The contents of the Consumer Medical Atlas ("CMA") such as text, graphics, images, animations, narration and other materials (the "Content") are provided for informational purposes only.
2. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment, and should not be offered as such. We require you to advise users of your web site to: (i) always seek the advice of a physician or other qualified health provider with any questions they may have regarding a medical condition or treatment; and (ii) never disregard professional medical advice or delay in seeking it because of something they have read on the CMA.
3. The CMA may contain health-related materials that your users may consider to be sexually explicit or otherwise offensive. Blausen Medical Communications, Inc. ("BMC") accepts no responsibility for such materials, and you are solely responsible for ensuring that the Content complies with all applicable laws where you reside.
4. The use of the CMA and the Content on your web site is entirely at your own risk.
The CMA and the Content are provided on an "as is" basis.
5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BMC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCCMANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
6. Specifically, BMC makes no representations or warranties about the following:
(i) the accuracy, reliability, completeness or timeliness of the Content, software, text, graphics, animations, advertisements, narration or links provided on or through the use of the CMA; or
(ii) the satisfaction of or compliance with any government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the CMA.
7. In no event shall BMC be liable for any damages (including, without limitation, incidental, special, unforeseen or consequential damages, lost profits or claims due to lost data or business interruption) resulting from the use or inability to use the CMA or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not BMC has been advised of the possibility of such damages.
8. BMC is not liable for any personal injury (including, without limitation, wrongful death) caused by your use or misuse or your clients or customers use or misuse of the CMA and its Content.
10. BMC's total and complete liability to you for any and all claims or damages of any nature arising from or related to the CMA and its Content shall be limited to the amount of any monies actually paid by you to BMC for use of the CMA.
13. The Client hereby agrees to indemnify and hold harmless BMC from any and all claims, including the cost of attorneys’ fees and costs relating to any claim or suit, made against BMC in connection with content provided by BMC to the Client
© 2005 Blausen Medical Communications, Inc. All Rights Reserved.