Terms Of Use


Terms of Use

Last Updated: 04/22/05

Welcome to the Consumer Health Information Corporation (CHIC) Website (the “Website”). Please read and review these Terms of Use carefully before accessing or using the Website. This is a contract. By accessing or using this Website, you acknowledge that you have read, understood and agreed to these terms of use. Your access to and use of the information contained in this Website is subject to these Terms of Use. If you do not agree, without limitation or qualification, to these Terms of Use, you may not access or use this Website.

The information provided on this Website is for general informational and educational purposes only. Certain sections of this Website are intended for particular audiences including health care professionals, pharmaceutical companies, pharmacy students and the general public. CHIC invites you to view, use, and download small portions of the data, text, graphics, software, audio and video files, and photos on this Website (collectively, the “Content”) for your informational, non-commercial use; provided that you leave all the copyright, trademark and other proprietary notices intact. Except as expressly described in this paragraph, you may not modify, reproduce, perform, or display (a) the Content; (b) the design or layout of this Website, or individual sections of the design or layout of this Website; or (c) CHICtrademarks, service marks or logos without CHIC’s prior written permission. Similarly, any commercial use of the images, text, programs or other materials found in this Website is strictly prohibited. The United States copyright laws protect all images, text, programs, and other materials found in this Website.

Content of Website

Portions of this Website may contain general information relating to various medical conditions and their treatment including medications, diet and lifestyle changes. You acknowledge and agree that medical information is constantly evolving because of ongoing research and experience and is often subject to interpretation. The information contained in this website is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. You should not use the information contained in this website for diagnosing a health or fitness problem or disease or for changing prescribed treatment(s). You should always seek medical advice from your doctor or other qualified healthcare professional so that your specific medical problems can be treated according to your own special needs.

No Warranties 

While reasonable attempts are made to ensure the accuracy of the information found in this Website, you can hold neither CHIC, nor its information contributors responsible for the accuracy of the information. Except as otherwise expressly provided herein, this Website and all content available on or through this Website (collectively, the “Materials”) are provided to you on an “as is” “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, non-infringement, data accuracy, system integration or quiet enjoyment. CHIC and its affiliates make no warranty as to the completeness, timeliness, accuracy, or reliability of any materials available on or through this website, and cannot be responsible for errors, omissions, or the application of the materials available through this website, or for consequences therefrom. You are responsible for verifying any of the materials before relying on them.

In the event that this Website contains information regarding drug selection, use or dosage, you agree to the following additional warranty disclaimers: you understand and agree that all decisions relating to medical decision including medical conditions, disease management and prevention, diet, lifestyle changes, exercise and medications, drug selection, use and dosage must be based on the particular patient and the independent judgment of the clinician, changing information about a drug (e.g., as reflected in the literature and manufacturer’s most current product information), and changing medical practices. You are advised to carefully consult with your physician on all matters and questions you have relating to your specific disease management and treatment including diet, lifestyle changes, exercise as well as disease prevention. You are advised to carefully consult the instruction and information materials included with the packaging of each drug or therapeutic agent before administration. This advice is especially important when using new or infrequently used drugs. CHIC and its affiliates have used reasonable efforts to ensure that drug selection and dosage set forth in this website are in accordance with current recommendations and practices at the time of publication; however, in view of ongoing research, changes in government regulations, and the constant flow of information relating to drug therapy and drug reactions, you agree to check the package insert for each drug for any change in indications and dosage and for added warnings and precautions. You understand that some drugs and medical devices presented in the software have Food and Drug Administration (FDA) clearance for limited use in restricted research settings. It is the responsibility of health care providers to ascertain the FDA status of each drug or device planned for use in their clinical practice and determine whether it is safe for you to use each drug or device.

CHIC makes no representations or warranties that use of this Website will be uninterrupted, error-free or completely secure. You are responsible for taking all necessary precautions to ensure that any content you may obtain from this Website is free of viruses and other potentially harmful devices.

Some states do not allow disclaimers of implied warranties, so portions of the foregoing disclaimer may not apply to you.

Limitation Of Liability

Your use of the materials is at your sole risk. Except as otherwise expressly provided herein, CHIC and its affiliates specifically disclaim all liability, whether based in contract, tort, negligence, strict liability, by statute or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or relating to the materials, even if the party has been advised of the possibility of such damages, including but not limited to reliance by any party on materials obtained through the use of this Website; lost data; or delays, breakdowns or interruptions in your use of this Website (including, without limitation, delays, breakdowns or interruptions due to problems with phone lines or modems, acts of god, failure of a telecommunications service provider to provide service, or theft or unauthorized access to the materials). Some states do not allow such a limitation of liability, so the foregoing limitation may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless CHIC, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including but not limited to reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

Privacy

CHIC respects the privacy of its website users. Please refer to CHIC’s Privacy Policy for an explanation of your rights and responsibilities with respect to information that is disclosed on this Website.

Third Party Websites and Links

This Website may contain links or references to websites developed and updated by third parties over whom CHIC has no control. Such links are provided only as a convenience. In addition, this Website may be accessed from third party links over which CHIC has no control. CHIC makes no warranties, endorsements or representations of any kind as to the accuracy, currency or completeness of any information or opinion contained in any third party website and shall have no liability for any damages or injuries of any kind arising from such content or information. The inclusion of any link to a third party does not imply that this is an endorsement or recommendation by CHIC. In the event you want to include a link from another website to this Website, unless otherwise set forth in a written agreement between you and CHIC, you must adhere to CHIC’s linking policy as follows: (i) obtain written permission fromCHIC before including a link to the CHIC Website (ii) any links to this Website must be a text-only link clearly marked “Consumer Health Information Corporation Web Site”; (iii) the appearance, position and other attributes of the link may not be such as to damage or dilute the goodwill associated with CHIC’s’names and trademarks; (iv) the link must “point” to the URL www.consumer-health.com and not to other web pages within the Web Site without written permission from CHIC; (v) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with CHIC; (vi) when selected by a visitor, the link must display this Website on full-screen and not within a “frame” on the linking web site; and (vii) CHICreserves the right to revoke its consent to the link at any time and in its sole discretion.

Intellectual Property Rights

This Website is protected by U.S.and foreign copyright laws. The names, logos, and taglines identifyingCHIC’s products and services are proprietary marks of CHIC or its affiliates. Specifically, the CHIClogos are registered service marks and CONSUMER HEALTH INFORMATION CORPORATION SM,DOCUSOURCE SM, PATIENT EDUCATION UPDATE SM, TAKING CONTROL OF YOUR MEDICINES SMPATIENT EDUCATION UPDATE: YOUR COMPETITIVE EDGE SM, andGETTING THE MOST BENEFIT FROM YOUR MEDICINES SM are common law service marks ofCHIC. All other trademarks and service marks used on this website are the property of their respective owners. Unauthorized use of any CHIC trademarks, service marks, or logos may be a violation of federal and state trademark laws. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of CHIC, or any third party.

Void Where Prohibited

Although the information on this Website is accessible to users outside of the U.S. , the information contained in this Website is intended for use only by residents of the U.S. Other countries may have medications, patient labeling regulations, laws, regulatory requirements and medical practices that differ from those in the U.S. CHIC makes no representation that the information on this Website is appropriate or accurate for use in other locations, and those who access this Website from other locations do so at their own initiative and are responsible for their compliance with applicable local laws. CHIC reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction. Any offer for any product or service made on this Website is void where prohibited.

Governing Laws, Arbitration

These Terms of Use and your use of this Website shall be governed by the laws of the United States of America and the Commonwealth of Virginia without regard to its conflicts of laws principles. Any and all disputes, controversies and claims of any kind or nature arising out of or relating in any way to these Terms of Use, this Website, and any material accessed (including without limitation any Content), transactions conducted, or products or services advertised in or through this website, including without limitation any and all questions concerning the construction, enforceability, validity, and interpretation of this paragraph or these Terms of Use, shall be resolved by binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be held in Fairfax County , Virginia . No such dispute, controversy or claim of any party may be joined or consolidated in any arbitration with any dispute, controversy or claim of any other party, and no arbitration under this paragraph may be consolidated with any other arbitration. All decisions of the arbitrator(s) shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding anything to the contrary in the foregoing, either party may seek and obtain from a court of competent jurisdiction provisional, interim or ancillary remedies such as injunctive or equitable relief that may be necessary to protect that party’s rights or property and shall not by so doing be deemed to have waived the right to compel arbitration in accordance with this paragraph.

Miscellaneous

If any provision of these Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. CHICreserves the right to alter or delete materials from this Website, or to update these Terms of Use or theCHIC privacy policy, at any time at its discretion. When we modify these Terms of Use or the Privacy Policy, we will incorporate the modifications into the applicable document and will revise the “last updated” date at the top of the applicable web page. Please check these Terms of Use and the privacy policy periodically for changes. Your continued use of this Website following the posting of changes constitutes acceptance of those changes.