Terms and Conditions
By entering and registering on this site, you acknowledge and agree
to the following Terms and Conditions. If you do not agree with the
Terms and Conditions, please discontinue to use this site.
Introduction
Our web site is designed for registered users who are practicing
clinical physicians or qualified healthcare professionals. Our site is
not targeted for the general public and does not diagnose patients,
recommend therapy, or provide a substitute for the care provided by a
licensed healthcare practitioner. The information contained on our web
site is intended for use only by physicians and other healthcare
practitioners who should rely on their clinical discretion and judgment
in diagnosis and treatment. While there may be some sections of our web
site available to the general public, most of the website requires a
user to register to access the services and information on our web site.
Upon registering, a physician-user can earn points (Prognos Points) for providing feedback under a separate Feedback
Agreement. A physician-user can redeem the points for items or gift
certificates.
This Agreement will apply as follows: (i) to individuals who visit
our web site and who do not register; (ii) to registered users of our
web site; and (iii) to the use of our web site by the pharmaceutical
companies who are our customers. Many of the services and information
available at our web site are provided by pharmaceutical companies who
provide the services and information with the goal of increasing the
knowledge that practicing physicians have about their products.
Additionally, our customers seek to improve their products by generating
feedback from our physician-users. The use of our web site is governed
by the Terms and Conditions set forth below. Please read them carefully.
This Agreement constitutes a binding agreement ( "Agreement") between PrognosHealth ( "we","us" or "our") and the user who is visiting our
web site as a guest or as a registered user or on behalf of or as a
representative of one of our customers ( "you" or "your" ). Your use of
our web site and the services it offers indicates your acceptance of
this Agreement. Your request or "purchase" (via redemption of points) of
an item or gift certificate indicates your acceptance of this
Agreement. We reserve the right to make changes to our web site and this
Agreement at any time. This Agreement applies to all services and
information made available to you through our site by us, our
affiliates, or our customers.
Scope of Use
PrognosHealth invites
you to view and use this Web site for your personal, informational,
non-commercial use. Except as otherwise expressly provided in these
terms and conditions, no part of the layout or design (including design
elements and any trademarks or logos), nor any content or software on
this Web site may be printed, copied, reproduced, modified, downloaded,
or stored for any purpose, nor may it be transmitted (in electronic or
other form) or distributed for any purpose. You may only download
software applications (such as multimedia viewers) that are posted on
this Web site expressly for you to download, and you may use such
software only in accordance with the terms of use, including any license
terms, provided with it. You may only download or print content
that PrognosHealth expressly and specifically notes on this web site
should be downloaded or printed by you, and you may use such content
only in accordance with these terms and conditions and any other terms
of use, including any license terms, provided with it. For instance, an
educational program may involve a multimedia presentation that could be
downloaded in advance and then viewed subsequently at a time convenient
for you. In the case of any downloaded or printed content, you agree to
delete or destroy such downloaded or printed content when the period
noted for its use expires. In the event no period is expressly noted for
the use of such downloaded or printed content, such period shall be one
(1) week in the case of content related to any educational or
promotional programs, and one (1) week in the case of content related to
any feedback or other research instruments, and other promotional
material.
PrognosHealth does not consider that using this site to receive
product information such as e-details, receive continuing medical
education, answer poll questions, or request drug samples, to constitute
"commercial use."
Obligations of Truth and Accuracy
You agree to provide true, accurate, and complete registration
information, to provide true and accurate response to polls or other
requests for information, and not to make your user name and password
available to any person or entity.
(A) In consideration of your use of our web site, you agree to: (i)
provide true, accurate, current and complete information about yourself
as prompted by our web site's registration form (such information being
the "Registration Data"); and (ii) maintain and promptly update the
Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, we have
the right to suspend or terminate your account and refuse any and all
current or future use of our web site (or any portion thereof).
(B) Our web site requires a user ID and password for access and use.
Certain services may require additional security codes or measures. You
are solely responsible for: (i) maintaining the strict confidentiality
of the user IDs, passwords and codes (collectively, "IDs") assigned to
you; (ii) ensuring that other personnel do not use your IDs to access
our web site; (iii) any charges, damages, or losses that may be incurred
or suffered as a result of your failure to maintain the strict
confidentiality of your IDs; and (iv) promptly informing us in writing
of any need to deactivate an ID due to security concerns. We are not
liable for any harm related to the theft of your IDs, your disclosure of
your IDs, or your authorization to allow another person or entity to
access and use our web site using your IDs. You agree to immediately
notify us of any unauthorized use of your IDs.
(C) During your use of our web site and at any time subsequent, you
will not, without our prior written approval, disclose to any third
party any confidential information provided to you by us or our
affiliates or partners. As a registered user of our web site, all
reports, records, schedules, or other documents (excluding any Protected
Health Information transmitted by you) made or compiled by or delivered
by you to us based on or in response to information provided to you
shall at all times be our property and you hereby assign all right,
title and interest in these items to us.
No Warranties
ALL CONTENT ON THIS WEB SITE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROGNOSHEALTH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE.
YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION AND APPLYING YOUR OWN
PROFESSIONAL MEDICAL JUDGMENT BEFORE RELYING ON IT. USE OF THIS WEB
SITE AND THE CONTENT AVAILABLE ON IT ARE AT YOUR SOLE RISK.
PROGNOSHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF
THE WEB SITE WILL BE UNINTERRUPTED OR WITHOUT ERRORS. YOU ARE
RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY
CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF SOFTWARE VIRUSES.
Limitation of Liability
PrognosHealth specifically disclaims any liability for damages
arising from or in any way connected to access and use of this web site,
even if PrognosHealth has been advised of the possibility of such
damages. PrognosHealth disclaims liability for damages resulting from
reliance on content obtained through this web site.
Trademarks
The following are trademarks of PrognosHealth; PrognosHealth logo.
Content on this web site may also include the trademarks of other
parties. You may not download, print, or copy any trademark on this web
site. Unauthorized use of any trademark, service mark, or logo may be a
violation of federal and state trademark laws.
Copyright
This web site, and all software and content on this web site, are
protected by Canadian, U.S., and foreign copyright laws. Except for your
informational, personal, non-commercial use as authorized above, you
may not modify, reproduce or distribute the design or layout of the web
site, or individual sections of the design or layout of the web site,
PrognosHealth or PrognosHealth logos without our written
permission.
Links
This web site may contain links to web sites operated by other parties.
The linked sites are not under the control of PrognosHealth,
and PrognosHealth is not responsible for the content available on
other web sites, does not specifically endorse material or content on
any other web site, and disclaims all liability for your access to
linked web sites. Links are provided as a convenience to users; your
access is at your own risk.
No Medical or Professional Services or Advice
This web site and the material and content is intended to be a
information resource in regard to the subject matter covered, but is
provided solely on an "AS IS" and "AS AVAILABLE" basis as noted on this
page. PrognosHealth advises you to confirm the information provided
on our web site with other sources, and to review the information
carefully using your professional medical judgment. PrognosHealth is
not engaged in rendering medical or similar professional services or
advice. The information provided on our web site is not intended to
replace medical advice offered by a physician. If you are not yourself a
physician, and desire or need such services or advice, you should
consult a physician. You should not construe PrognosHealth's
publication of this content as an endorsement by PrognosHealth of the
views expressed herein, or any warranty or guarantee of any strategy,
recommendation, treatment, action, or application of medication or
preparation made by the author of the content.
Liability Disclaimers - Content Providers
Our content providers have utilized reasonable care in collecting and
reporting the information contained in the Products on this web site and
have obtained such information from sources believed to be reliable.
However, the content providers do not warrant the accuracy of the
information in the web site, nor of codes, prices, or other data
available on this site. Information reflecting prices is not a quotation
or offer to sell or purchase. The clinical information contained in the
information is intended as a supplement to, and not a substitute for,
the knowledge, expertise, skill, and judgment of physicians,
pharmacists, or other healthcare professionals in patient care. The
absence of a warning for a given drug or drug combination should not be
construed to indicate that the drug or drug combination is safe,
appropriate or effective in any given patient.
THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS
COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE
COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND
SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE AT
YOUR OWN RISK. OUR INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY
DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND
INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER
AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR
SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR
DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND
SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO
CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR
CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING
LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND
US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE
FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE
CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION
OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT
TO YOU.
Requests made by Registered Users
The receipt of an e-mail confirming your request of an item or
"purchase" of an item with Prognos Points does not constitute
the acceptance of an order by us or a confirmation of an offer to sell.
We reserve the right, without prior notification, to limit the quantity
on any item requested or "purchased" in a single transaction and/or to
refuse service to any user. Verification of information may be required
prior to the fulfillment of any request or "purchase".
Links to Other Sites
Our web site may contain links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by us
of the content on such third party web sites. We are not responsible
for the content of linked third party sites and we do not make any
representations regarding the content or accuracy of materials on such
third party web sites. If you decide to access linked third party web
sites, you do so at your own risk. Your use of third party web sites is
subject to the terms and conditions of use for such sites.
Advertisements
(A) Our web site may contain advertisements by third-parties, and these
advertisements may contain links to other web sites. Unless otherwise
specifically stated, we do not endorse any product or make any
representation regarding the content or accuracy of any materials
contained in, or linked to, any advertisement on our web site.
(B) Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through our web site,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that we shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on our web site.
Modifications
PrognosHealth reserves the right to modify this web site and the
rules and regulations governing its use, at any time. Modifications will
be posted on the web site, and users are deemed to be apprised of and
bound by any changes to the web site. PrognosHealth may make changes
in the products and/or services described in this web site at any time.
Violations
PrognosHealth reserves the right to seek all remedies available at
law and in equity for violations of the Terms and Conditions of Use set
forth in this web site, including, but without limitation, the right to
block access from a particular Internet address to the web site.
Security and Privacy Policy
You are responsible for maintaining the confidentiality of your username
and password, if applicable, and for all uses of your username or
password, and any and all related transactions, whether or not
authorized by you. You may not share your username and password with
anyone else or otherwise permit anyone to access this web site using
your personal or professional information. You should also review the
Privacy Policy of PrognosHealth, which may give you additional rights
and may impose additional obligations on you in connection with your
use of this web site. Your use of this web site constitutes acceptance
of the provisions of the Privacy Policy.
Indemnity
You agree to defend, indemnify and hold PrognosHealth, its
subsidiaries, affiliates, officers, directors, co-branded or other
partners, employees and agents, harmless from and against any claims,
actions or demands, liabilities and settlements including without
limitation, reasonable legal fees (through final appeal) and accounting
fees, resulting from, or alleged to result from, any type of use of our
web site and the services available on or through our web site by you in
a manner that violates or is alleged to violate this Agreement, any
other terms of use or policies of use associated with our web site, or
the rights of any third party. We shall provide notice to you promptly
of any such claim, suit, or proceeding and shall reasonably cooperate
with you, at your expense, in your defense of any such claim, suit or
proceeding.
International Use and Export Control
(A) Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding conduct on our web site and use of
services, information and content from our web site. Specifically, you
agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which
you reside.
(B) The United States controls the export of products and
information. You agree to comply with such restrictions and not to
export or re-export any services, information or content available on
our web site to countries or persons prohibited under the export control
laws. By downloading any services, information or content from our web
site you are agreeing that you are not in a country where such export is
prohibited or are a person or entity to which such export is
prohibited. You are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or re-export of
services, information or content.
Termination
(A) We may terminate your access, or suspend any user's access to all or
part of our web sites and its services, without notice, for any conduct
that we, in our sole discretion, believe is in violation of any
applicable law or is harmful to the interests of another user, a third
party provider, a sponsor, a licensor, a service provider, or our
affiliates or partners.
(B) Either we or you may terminate this Agreement at any time with or
without cause. Your only right with respect to any dissatisfaction with
any portion of this Agreement, any of our policies or practices in
operating our web site or any of the services available at our web site
or any changes to any of the foregoing is to terminate this Agreement by
sending written notice to us. Your right to access and use our web site
immediately terminates without further notice upon your breach of this
Agreement.
Questions or Comments
Thank you for your cooperation. We hope you find our web site helpful
and convenient to use. Questions or comments regarding our web site
should be directed by electronic mail to support@prognoshealth.com.