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Terms and Conditions

HealthGate Data Corp. ("HealthGate") brings innovative clinical and operational technologies to hospitals and health systems, focusing on collaborative and interdisciplinary content management solutions that improve quality and financial performance at hospitals, health systems, and group practices. Our products are developed to meet the needs of clinicians, administrators, and information technology departments at healthcare organizations, and are based on our expertise derived from our work with over 700 hospitals.

          All use of HealthGate Data Corp.'s web pages located within www.healthgate.com is subject to the terms and conditions set forth below ("Terms"). Any use of such web pages constitutes the user's agreement to abide by the Terms. We may amend the Terms at any time by posting the amended Terms on this site. Please read these Terms and Conditions of Use carefully. By using this HealthGate Product, you agree to the following Terms and Conditions of Use.

          HealthGate Products are not Substitutes for Professional Medical Advice. The information contained in HealthGate Products is only for informational or research purposes as an educational component to the care provided by doctors and other health care professionals. This information should not be used as a substitute for professional medical advice or as a substitute for consulting with a physician or other competent healthcare professional for medical diagnosis and treatment. You should not assume that information on a particular topic is complete. While the information provided in HealthGate Products is updated from time to time, healthcare information changes rapidly and consequently some information on the HealthGate Products may be out of date. Additionally, no assurance can be given to you that the information supplied covers all relevant matters for each person and HealthGate makes no assurances as to whether the information reflects the best medical information for any particular circumstances. No one should rely solely on information contained in the HealthGate Products in rendering a diagnosis or considering a course of treatment. Any medical diagnosis or treatment decisions made must be made in consultation with a doctor or other healthcare professional. Never disregard professional medical advice or delay seeking it because of something you have read in a HealthGate Product.

          HealthGate Is Not Engaged in the Practice of Medicine. HealthGate is not licensed to practice medicine and HealthGate shall not be deemed to be engaged in the practice of medicine as a consequence of providing the HealthGate Products. HealthGate expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse, or interpretation of the HealthGate Products or any other information provided or omitted in connection with the HealthGate Products.

          User is Responsible for Proper Use. HealthGate does not represent or warrant that the HealthGate Products will perform as expected or be error-free. The user of the HealthGate Products assumes full responsibility for the appropriate use of the medical and other information contained in HealthGate Products. Further, HealthGate is not responsible for the actions of any other party who uses the HealthGate Products.

          HEALTHGATE PRODUCTS DELIVERED "AS IS." SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED IN THE HEALTHGATE PRODUCT ARE PROVIDED "AS IS" AND AS AVAILABLE. DUE TO THE NUMBER OF SOURCES FROM WHICH INFORMATION IN HEALTHGATE PRODUCTS ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN SUCH INFORMATION AND IN THE HEALTHGATE PRODUCTS. THE HEALTHGATE PRODUCTS COULD INCLUDE TECHNICAL OR OTHER INACCURACIES, OR TYPOGRAPHICAL ERRORS.

          NO WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, HEALTHGATE AND HEALTHGATE'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS (COLLECTIVELY "HEALTHGATE AFFILIATES") MAKE NO, AND HEREBY DISCLAIM ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE. HEALTHGATE AND THE HEALTHGATE AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE HEALTHGATE PRODUCTS OR INFORMATION CONTAINED IN THE HEALTHGATE PRODUCTS OR ANY OTHER INFORMATION WHICH IS REFERENCED BY OR LINKED TO THE HEALTHGATE PRODUCTS.

          DISCLAIMER OF LIABILITY BY HEALTHGATE & HEALTHGATE AFFILIATES. HEALTHGATE AND HEALTHGATE'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS (COLLECTIVELY "HEALTHGATE AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF ANY HEALTHGATE PRODUCTS EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

          HEALTHGATE AND THE HEALTHGATE AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE HEALTHGATE PRODUCTS. IN NO EVENT SHALL HEALTHGATE'S OR HEALTHGATE AFFILIATES' LIABILITY TO YOU EXCEED U.S. $1000.

          THE LIMITATIONS STATED IN THESE TERMS AND CONDITIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY, DAMAGES OR INJURIES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.

          Medical Information and Minors. The information in HealthGate Products is specifically not intended to be reviewed by minors. Because HealthGate does not have the ability to determine the age of a viewer, HealthGate is unable to restrict access to information that may be unsettling to some minors. Parents and guardians are solely responsible for providing supervision of minors' use of the access to HealthGate Products.

          Passwords & Authorized Users. Certain HealthGate Products require passwords to access. You agree to take reasonable steps so that no unauthorized person shall have access to your HealthGate Product passwords or accounts. You must promptly notify your system administrator or HealthGate if you are aware of an unauthorized person having access to your password so that HealthGate can de-activate or reset the password. Certain portions of HealthGate Products are designed for authorized healthcare professionals only. If you are not an authorized user of the HealthGate Product, you should immediately exit the HealthGate Product.

          Limited Use of Material & Information. The material and information included in the HealthGate Products are protected by copyright. HealthGate allows you to:

  1. Search and view information available through the HealthGate Products;
  2. Download and make limited printouts of the information you view for your own informational use only. You must keep all copyright and other proprietary notices on any copies that you make; and
  3. Use the search tools and other services provided in the HealthGate Products.

          Your use of the information in HealthGate Products is limited in a number of ways. For example, unless you have a separate written agreement with HealthGate, the only commercial use for which you may use, download or printout material contained in the HealthGate Products is for education, internal research, and informational purposes. Any other commercial use, such as reselling access or creating course packs or posting information on another website, is prohibited. You may not redistribute, retransmit, or publish any copyrighted material downloaded or copied from the HealthGate Products without written permission from HealthGate. Your right to use the information and material terminates immediately, without any further action by HealthGate, if you breach any of the terms of this Agreement.

          HealthGate is the owner or the licensee of all rights in the HealthGate Products, its content, software, and services. You have no right in such content, software, or services not expressly granted in this Agreement or in a separate written agreement with HealthGate. "HealthGate," "Quality Architect," "Collaboration Engine," "Collaboration Architect," "InteractiveIC," and the logos or other proprietary marks of HealthGate's licensors and affiliates are trademarks of HealthGate or its licensors and affiliates. No right, title or interest in those trademarks is granted you in this Agreement.

          In exercising the limited rights granted you under this Agreement, you agree to (1) comply with all notices posted on the HealthGate Products limiting the use, reproduction, or dissemination of certain communications and materials available in the HealthGate Products; (2) keep all copyright and other notices associated with such information and material on each copy.

In exercising the limited rights granted you under this Agreement, you agree that you will not:

  1. Frame all or part of the HealthGate Products (unless expressly allowed to do so in a separate written agreement with HealthGate).
  2. Change or delete any proprietary notices from materials downloaded or printed out from the HealthGate Product.
  3. Systemically download or print materials from the HealthGate Product (unless expressly allowed to do so in a separate written agreement with HealthGate).
  4. Transmit or provide any data from the HealthGate Products to a third party (unless expressly allowed to do so in a separate written agreement with HealthGate).
  5. Make the material available through any means or media other than as shown on the HealthGate Products (unless expressly allowed to do so in a separate written agreement with HealthGate).
  6. Modify, publish, transmit, transfer, sell, reproduce, create derivatives of, or collective works from, or in any way exploit, the material and information in the HealthGate products (unless expressly allowed to do so in a separate written agreement with HealthGate).
  7. Use the HealthGate Products in a manner contrary to any applicable law.

          Indemnification. You agree to defend, indemnify, and hold HealthGate and its directors, officers, employees, licensors, agents, and suppliers, harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

          HealthGate is Not Responsible for Any Links to or from Other Sites. The HealthGate Products may contain links to other websites operated by third parties, and other websites may provide links to the HealthGate Products. Such links are provided for your convenience only. HealthGate does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such site. Any links with other websites, or references to third parties should not be construed as an endorsement of such third parties' products or services unless HealthGate expressly states so.

          You Agree that HealthGate May Collect Certain Information about Your Use of HealthGate Products. You agree that HealthGate may collect aggregate information gathered during your use of this HealthGate Product. Aggregate information is information that describes the habits and usage patterns of users of the HealthGate Products without indicating the identity of particular users. HealthGate may also study aggregate data from all its HealthGate products in order to enhance existing services or develop new services. HealthGate may also share this aggregate information with our information partners, customers, or the companies, organizations, and professional societies that supply us the medical information that you access. HealthGate will not disclose any individually identifiable information to a third party. You also agree that, should you elect to supply it, HealthGate may use your name and e-mail address to communicate with you. When you send e-mail to features such as "Contact Us," we reasonably expect to receive the e-mail. However, due to the volume of questions we receive, we are unable to answer them all. We do not use identifying personal information for any other purpose, although it may be included in anonymous, aggregated statistical information.

          This Agreement is Governed by Massachusetts Law. HealthGate is based in Burlington, Massachusetts. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America. If any provision of these Terms and Conditions of Use are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions. HealthGate makes no claims that the HealthGate Products are appropriate for audiences outside of the United States, or may be downloaded outside of the United States. Access to the HealthGate Products may not be legal by certain persons or in certain countries. If you access any HealthGate Products from outside the United States, you do so at your own risk and are responsible for compliance with the laws of that country.

          You Agree to Arbitrate Any Dispute With HealthGate. You agree that any dispute, controversy, or claim arising out of or related to these Terms and Conditions of Use, or your use of the HealthGate Products, will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Boston, Massachusetts, United States of America. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

          Any Action Against HealthGate Must be Brought in Boston or Cambridge, Massachusetts. You agree that the state or federal courts located in Boston or Cambridge, Massachusetts, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or your use of the HealthGate Products. You waive any claim that a court located in Boston or Cambridge, Massachusetts, lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

          Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to HealthGate's Chief Financial Officer (the Designated Agent) at 25 Corporate Drive, Suite 310, Burlington, Massachusetts. Telephone: (781) 685-4000; Fax: (781) 685-4040; e-mail jfurrier@healthgate.com
To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

          Other Miscellaneous Provisions. (a) No joint venture, partnership, employment, or agency relationship exists between you and HealthGate as a result of these Terms and Conditions of Use, or your use of the HealthGate Products.

          (b) Those provisions outlined here that normally would survive after you cease using the HealthGate Products shall survive.

          (c) Unless there is a separate written agreement signed by HealthGate, these Terms and Conditions of Use constitute the entire and only understanding between you and HealthGate. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the HealthGate Products, these Terms and Conditions of Use shall govern. No modification or attempted modification of these Terms and Conditions of Use by you shall be binding on HealthGate unless made in writing and physically signed by an authorized representative of HealthGate. HealthGate may modify these Terms and Conditions of Use at any time.

          (d) You may contact HealthGate at:

HealthGate Data Corp.
Attn. Contracts Administrator
25 Corporate Drive, Suite 310
Burlington, MA 01803

          (e) HealthGate's failure to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of that or any other provision of these Terms and Conditions.

          (f) Misuse of this HealthGate Product in any manner that is contrary to any applicable law may result in HealthGate notifying legal and/or regulatory authorities.

(g) Headings. The descriptive headings in these Terms and Conditions are for convenience and reference only and shall not affect in any way the meaning or interpretation of this Agreement.

HealthGate may modify these Terms and Conditions at any time.

Last Reviewed by: HealthGate, November 2006.

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