TERMS OF SERVICE AGREEMENT

Last updated: June 15, 2011

IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service (“Agreement”) is a legal agreement between you (referred to herein as “you” or “your”) and WorldOne, Inc. (“WorldOne”, “we”, “our ”, or “us”) for access to and use of our website with a homepage available at http://www.medtango.com (the “ Website”) and related software and services (referred to collectively as the “Service” and excluding any services provided to you by WorldOne under a separate written agreement).  

BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE.  YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

YOU REPRESENT THAT YOU ARE NOT A MINOR IN YOUR STATE OF RESIDENCE AND THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS.

IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, AND ARE WITHIN THE UNITED STATES, DIAL 911 IMMEDIATELY.

1.   The Service – Medical Disclaimer.   The Service is intended to serve as an initial online reference SEARCH TOOL and DISCUSSION FORUM AND not as a complete reference resource.  THE SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS WHO WILL RELY ON THEIR OWN DISCRETION AND JUDGMENT AND KNOWLEDGE IN MEDICAL DIAGNOSIS AND TREATMENT. 

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE DOES NOT INCLUDE INFORMATION OR LINKS TO INFORMATION CONCERNING EVERY MEDICAL CONDITION, PRECAUTION, DRUG INTERACTION, ADVERSE EFFECT, THERAPEAUTIC AGENT, LABORATORY OR DIAGNOSTIC TEST OR PROCEDURE AVAILABLE.  We do not PROVIDE MEDICAL ADVICE.  WE DO NOT recommend or endorse any specific CONTENT PROVIDERS, tests, physicians, products, procedures, opinions, or other information that may be mentioned on, or you may access or discover via, the Service.  Reliance on any information you encounter via the Service is solely at your own risk.

You may not rely on the application of any information on the Service as being applicable to your specific circumstances. Neither WorldOne nor its THIRD PARTY licensors assumes any liability or responsibility for damages or injury to you, ANY PATIENT OR FAMILY MEMBER, other persons, or property arising from any use of any information, idea, or instruction contained in or accessible via the Service.

YOU ACKNOWLEDGE AND AGREE THAT ALL CONTENT IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES AND IS NOT INTENDED TO CONSTITUTE (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BY WORLDONE.

DO NOT PUT OFF GETTING MEDICAL ADVICE, OR IGNORE MEDICAL ADVICE THAT YOU HAVE BEEN GIVEN, BECAUSE OF ANY CONTENT ON OR ACCESSIBLE VIA THE SERVICE.  WORLDONE DOES NOT RECOMMEND ANY SPECIFIC TREATMENT, OR GUARANTEE THE ACCURACY, COMPLETENESS, OR SAFETY OF ANY CONTENT YOU MAY ACCESS VIA THE SERVICE. ANY ACTION YOU MAY TAKE AS A RESULT OF ANY CONTENT IS TAKEN AT YOUR OWN RISK, AND WORLDONE DISCLAIMS ANY LIABILITY ARISING OUT OF SUCH ACTION.

The Service may contain medical-related materials OR LINKS TO MATERIALS that are sexually explicit.  If you find these materials offensive, you may not want to use our Service.

The Service is provided on an "as is" basis with no warranty provided or implied, and by using the Service, you agree to hold WorldOne and its licensors harmless from any and all claims or actions arising from your use of the Service.

2.  Use of the Service by You.

A.          You agree that (i) you will use the Service solely for your own, non-commercial, personal informational use in accordance with this Agreement, (ii) all information supplied by you to WorldOne will be true, accurate, current and complete, and (iii) you will review the latest version of this Agreement posted on the Service from time to time to check for amendments that may apply to you (as more fully described in Section 12 below).  We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.  

B.          If you register for an account on the Service, you represent and warrant to us that you are a licensed physician and that you will not rely on the Service in connection with the treatment or diagnosis of any person.  

C.          You represent and warrant that, at all times during the term of this Agreement and thereafter, you will comply with all laws, regulations and professional standards directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of patient information, including without limitation the Health Insurance Portability and Accountability Act of 1996 (HIPPA).    

D.         You acknowledge and agree that your use of the Service, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under the control of WorldOne or in anyway connected to the Service, shall be at your sole risk and responsibility and WorldOne shall have no obligation to back-up such data, files, information and/or other materials. WorldOne expressly reserves the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Service that WorldOne deems, in its sole discretion, to be in violation of this Agreement and/or any local, state, or federal law or regulation.

E.          You are solely responsible for any breach of your obligations under this Agreement and for the consequences (including any loss or damage which WorldOne may suffer) of any such breach.

3.  Restrictions on Use of the Service. You agree that you will not: 

(i)         use the Service to disclose or otherwise use any patient-identifiable data, or clinical or nonclinical data that that is identifiable to a patient or trial participant;

(ii)         use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties including, without limitation, HIPPA;

(iii)        use the Service for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that WorldOne deems, in its sole discretion, to be objectionable whether or not such material is unlawful;

(iv)        permit or otherwise enable unauthorized users to access and/or use the password-protected portions of the Service; 

(v)        use the Service to export software or data in violation of applicable U.S. laws or regulations;

(vi)        sell, copy, duplicate, rent, lease, loan, distribute, transfer, or sublicense the Service, or otherwise permit any third party to use or have access to the Service for any purpose (except as expressly permitted by WorldOne in writing) or decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Service;

(vii)       remove any copyright, trademark, patent or other proprietary notices from the Service;

(viii)      distribute, publish, exhibit, or otherwise use the Service, in any manner and for any purpose not expressly permitted under this Agreement;

(ix)        frame or utilize framing techniques to enclose the Service, or any portion thereof;

(x)        exploit the Service or collect any data incorporated in the Service in any automated manner through the use of bots, metaspiders, crawlers or any other automated means;

(xi)        register as a user of the Service by providing false, inaccurate, or misleading information;

(xii)       post hyperlinks to commercial services or websites;

(xiii)      impersonate any person or entity, including, but not limited to, an WorldOne employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(xiv)      collect personal data about other users of the Service for commercial or any other purposes;

(xv)       post irrelevant Content (as defined in Section 7 below), repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

(xvi)      attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service (or the servers and networks which are connected to the Service);

(xvii)     make available Content (as defined in Section 7 below) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement, except to the extent such Content is provided to you by WorldOne or one of its affiliates for a purpose specifically authorized by WorldOne in writing; and

(xviii)    create or attempt to create multiple user accounts.

4.  Provision of the Service by WorldOne.    WorldOne is constantly improving the Service in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which WorldOne provides may change from time to time without prior notice to you.  As part of this continuing innovation, you acknowledge and agree that WorldOne may decline to provide you access to the Service or stop (permanently or temporarily) providing the Service (or any features or programs within the Service) to you or to users generally at WorldOne’s sole discretion, without liability or prior notice to you. You may stop using the Service at any time. You do not need to specifically inform WorldOne when you stop using the Service.  You acknowledge and agree that if WorldOne disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other content, if any, which is contained in your account.  Any new features that augment or enhance the current Service shall be subject to this Agreement.

5.   Access to the Service; Reservation of Rights.

A.          WorldOne hereby gives you a personal, worldwide, non-assignable and non-exclusive right to access and use the Service in the manner and for the purposes expressly permitted by the Agreement.  You may not assign (or grant a sub-license of) your rights to use the Service, grant a security interest in or over your rights to use the Service, or otherwise transfer any part of your rights to use the Service and any such attempt shall be null and void at the time of such attempt.

B.         WorldOne reserves all right, title and interest in and to the Service not expressly granted to you under this Agreement. There are no implied licenses under this Agreement.

6.   Your Password and Account Security.  You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service.  Accordingly, you agree that you will be solely responsible to WorldOne for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notify WorldOne immediately at info.medtango@worldone.com.

7.  Content in the Service.  

A.          You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to as “Content”.

B.          You acknowledge that Content presented to you as part of the Service may be protected by intellectual property rights which are owned by the persons who provide that Content to WorldOne (or by other persons or companies on their behalf). You may not copy, modify, publish, transmit, rent, lease, loan, sell, distribute this Content or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by WorldOne or by the owners of that Content, in writing.

C.          WorldOne reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.

D.         You understand that by using the Service you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk.

E.          You agree that you are solely responsible for (and that WorldOne has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which WorldOne may suffer) by doing so.

8 .  Intellectual Property.  

A.          You acknowledge and agree that WorldOne (or WorldOne’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist) including, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Service are owned by WorldOne (or WorldOne’s licensors).

B.          You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Service.

C.          You agree that in using the Service, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

9.  Content License from you.    

A.        You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the Content you give WorldOne a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, sell and otherwise exploit or use any Content which you submit or post on or through the Service in any manner or media whatsoever, now known or hereafter developed.  Other than the limited license set forth in this Section, WorldOne acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with WorldOne, you agree that you are responsible for protecting and enforcing those rights and that WorldOne has no obligation to do so on your behalf.

B.        In connection with Content you submit to the Service, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize WorldOne to use such Content in the manner contemplated by the Service and these Terms of Service.  You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant WorldOne all of the license rights granted herein. 

C.        You understand that WorldOne, in performing the required technical steps to provide the Service to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit WorldOne to take these actions.

D.        You confirm and warrant to WorldOne that you have all the rights, power and authority necessary to grant the above license.

10.  Copyright Agent.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon WorldOne actual knowledge of facts or circumstances from which infringing material or acts are evident. WorldOne’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name:               Anna Gates

Address:           11301 Carmel Commons Blvd., Suite 205, Charlotte, NC 28226, U.S.A.

Telephone:        704-543-9999 ext. 133

Email:               anna.gates@worldone.com

We suggest that you consult your legal advisor before filing a notice with WorldOne’s copyright agent.  You should note that there can be penalties for false claims under the DMCA.

11.  Privacy Policy. For information about WorldOne’s data protection practices with respect to end users of the Website, please read our Medtango privacy policy, which is available on the Website. This policy explains how WorldOne treats personal information obtained via the Website.  You agree to the use of your data in accordance with this privacy policy.

12.  Changes to Agreement. WorldOne reserves the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Service or as otherwise provided by WorldOne.  From time to time, WorldOne may post on the Service or otherwise notify you of additional or different rules and policies relating to the Service. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.

13.   NO WARRANTIES. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HAVE NO CONTROL OVER AND MAKE NO REPRESENTATIONS AS TO THE QUALITY OR SAFETY OR THE TRUTH OR ACCURACY OF ANY CONTENT.  TO THE FULLEST EXTENT PERMITTED BY LAW, WORLDONE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WORLDONE DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY WORLDONE IN CONNECTION WITH YOUR USE OF THE SERVICE, OR THAT THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER THE CONTROL OF WORLDONE OR IN ANY WAY CONNECTED WITH THE SERVICE, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR DOWNLOAD, RELIANCE UPON, OR REPUBLICATION OF ANY SUCH MATERIAL.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORLDONE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

14.   DISCLAIMER OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WORLDONE, ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE PROVIDED HEREUNDER, EVEN IF WORLDONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM: (i) THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICE PROVIDED HEREUNDER; (ii) THE INABILITY TO USE THE SERVICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION; (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE; OR (iv) THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER THE CONTROL OF WORLDONE OR IN ANY WAY CONNECTED TO THE WORLDONE SERVICE. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. 

15.  Indemnification. You agree to release, indemnify and hold harmless WorldOne, its affiliates, and each of their directors, shareholders, officers, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys’ fees, with respect to (i) your use or misuse of, or reliance upon, the Service, (ii) your violation of this Agreement or rights of another, and (iii) any Content you make available through the Service.  This section shall survive the termination of this Agreement.

16.  Release.   You hereby release WorldOne and its affiliates (and each of their officers, directors, shareholders, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute in connection with the results of your decisions resulting from your use of the Service.

If you are a California resident, you waive California Civil Code 1542, which says:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

17.  Term and Termination.   This Agreement is effective until terminated by WorldOne or you. WorldOne shall have the right to terminate this Agreement including, without limitation, your right to access and use the password-protected portion of the Service, at any time in WorldOne’s sole discretion and without advance notice to you. The licenses granted herein by WorldOne shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease using the Service.   When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and WorldOne have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 20 shall continue to apply to such rights, obligations and liabilities indefinitely.

18.  Content from Thomson Reuters (Healthcare) Inc.  With respect to any Thomson Reuters (Healthcare) Inc. Content or materials provided as part of the Service, the following provisions shall apply:

A.         The information contained in the Thomson Reuters (Healthcare) Inc. products is intended as an educational aid only.  All treatments or procedures are intended to serve as an information resource for physicians or other competent healthcare professionals performing the consultation or evaluation of patients and must be interpreted in view of all attendant circumstances, indications and contraindications.

B.         THE PRICES CONTAINED IN RED BOOK ARE BASED ON DATA REPORTED BY MANUFACTURERS.  THOMSON REUTERS (HEALTHCARE) INC. HAS NOT PREFORMED ANY INDEPENDENT ANALYSIS OF THE ACTUAL PRICES PAID BY WHOLESALERS AND PROVIDERS IN THE MARKETPLACE.  THUS, ACTUAL PRICES PAID BY WHOLESALERS AND PROVIDERS MAY WELL VARY FROM THE PRICES CONTAINED IN THIS DATABASE AND ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.  PLEASE REFER TO THE “AWP POLICY” IN THE PRODUCT FOR MORE INFORMATION.

C.         The use of the Thomson Reuters (Healthcare) Inc. products is at your sole risk.  These products are provided “AS IS” and “as available” for use, without warranties of any kind, either express or implied.  Thomson Reuters (Healthcare) Inc. makes no representation or warranty as to the accuracy, reliability, timeliness, usefulness or completeness of any of the information contained in the products.  Additionally, THOMSON REUTERS (HEALTHCARE) INC. MAKES NO REPRESENTATION OR WARRANTIES AS TO THE OPINIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF USE OF THE THOMSON REUTERS (HEALTHCARE) INC. PRODUCTS.  ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED.  Thomson Reuters (Healthcare) Inc. does not assume any responsibility or risk for your use of the Thomson Reuters (Healthcare) Inc. products.

19.  Content from Lexi-Comp.  With respect to any Lexi-Comp, Inc. and/or Cerner Multum, Inc. Content or materials provided as part of the Service, the following provisions shall apply

A.         The Service utilizes the Lexi-Comp® Integrated™ platform (the “ Lexi-Comp Product”), which contains information provided by Lexi-Comp, Inc. (“Lexi-Comp”) and/or Cerner Multum, Inc. (“Multum”).  The Lexi-Comp Product is a product licensed to you by Lexi-Comp.  The Lexi-Comp Product and the Service are separate products provided by separate entities.  The Lexi-Comp Product is intended for use in the United States.  Your use of this product acknowledges acceptance of these restrictions, disclaimer and limitations.  You expressly acknowledge and agree that neither Lexi-Comp nor Multum is responsible for the results of your decisions resulting from the use of the Lexi-Comp Product, including but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Lexi-Comp Product.

B.         The Lexi-Comp Product does not endorse drugs, diagnose patients, or recommend therapy.  The Lexi-Comp Product is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information.  Healthcare practitioners should use their professional judgment in using the information provided.  The Lexi-Comp Product is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances.  The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.  Lexi-Comp does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexi-Comp Product provides. 

C.         YOU ACKNOWLEDGE THAT THE LEXI-COMP PRODUCT IS PROVIDED ON AN “AS IS” BASIS.  EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, LEXI-COMP, MULTUM AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXI-COMP PRODUCT, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE LEXI-COMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES.  NEITHER LEXI-COMP NOR MULTUM PROVIDE ANY CLINICAL INFORMATION NOR DO LEXI-COMP NOR MULTUM CHECK FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE LEXI-COMP PRODUCT.  NEITHER LEXI-COMP NOR MULTUM WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE.

D.         You acknowledge that updates to the Lexi-Comp Product are the sole discretion of Lexi-Comp.  Lexi-Comp makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Lexi-Comp Product, or future releases thereof, with any computer hardware or software, nor does Lexi-Comp represent or warrant the continuity of the features or the facilities provided by or through the Lexi-Comp Product as between various releases thereof.  Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the Lexi-Comp Product, (ii) you use, store or install the Lexi-Comp Product on a computer system which fails to meet the specifications provided by Lexi-Comp, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Lexi-Comp.

E.         YOU ASSUME ALL RISK FOR SELECTION AND USE OF THE LEXI-COMP PRODUCT AND CONTENT PROVIDED THEREON.  NEITHER LEXI-COMP NOR MULTUM SHALL BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXI-COMP PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

F.         YOU ACKNOWLEDGE THAT LEXI-COMP AND/OR MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY YOU, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXI-COMP PRODUCT, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY PERSONS OTHER THAN LEXI-COMP OR MULTUM RESPECTIVELY.

G.         LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO YOU AND PERSONS TREATED BY OR ON BEHALF OF YOU) FOR, AND YOU AGREE TO INDEMNIFY AND HOLD LEXI-COMP AND MULTUM HARMLESS FOR ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) YOUR USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY YOU, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY.  FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF LEXI-COMP OR MULTUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE INFORMATION CONTAINED WITHIN THE LEXI-COMP PRODUCT IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND YOU ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING YOUR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT.  AS BETWEEN YOU AND LEXI-COMP OR MULTUM, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICTIONS.

H.         Under no circumstances shall Lexi-Comp, Multum, and their respective affiliates be liable to you or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to your use of or inability to use the Lexi-Comp Product or the content of the Lexi-Comp Product provided thereon or any equipment furnished in connection therewith.  Lexi-Comp’s and Multum’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexi-Comp under this Agreement specifically relating to your use of the Lexi-Comp Product or product which is the subject of the claim.

20.  Governing Law and Venue. This Agreement shall be governed by the laws of the State of New York without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this Agreement shall be conducted exclusively in state or federal courts located in the State and City of New York and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.  The parties hereby waive any right to jury trial with respect to any action brought in connection with your use of the Service or this Agreement.

21.  Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.

22.  No Assignment, Sublicense or Transfer. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without prior written consent of WorldOne. Any such attempted assignment, sublicense, or transfer will be null and void and WorldOne, in its sole discretion, shall have the right to immediately terminate this Agreement.

23.  Communications by WorldOne. You agree that WorldOne may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on the Service, and other communications. You agree that all agreements, notices, disclosures, and other communications WorldOne sends to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement. 

24.  Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise.

Effective June 15, 2011

MedTango Privacy Policy

We provide this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive via our Website from users of our Website. This Privacy Policy may be updated from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Website. Your use of the Website following any such notice will signify and constitute your assent to and acceptance of such revised Privacy Policy. Unless otherwise defined in this Privacy Policy, capitalized terms used herein have the same meanings as in our Terms of Service (available at http://www.medtango.com/home/terms#about_terms). 

As used in this Privacy Policy, the terms "using" and "processing" information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, combining, disclosing and transferring information within the United States or internationally. 

1.  Information Collection and Use

Our primary goals in collecting information are to provide and improve our Service, to administer your Website registration, and to enable Website visitors to enjoy and easily navigate the Website.

When you wish to contact us, apply to become a registered Website user, participate in a survey, or when you join our mailing lists or use our Service to submit an electronic communication or post Content, we will ask you for personally identifiable information. This refers to information about you that can be used to contact or identify you ("Personal Information").  Personal Information includes, but is not limited to, your name, e-mail address, and mobile telephone number.

We also collect other information that you provide or give us access to when you use the Website including, without limitation, your field of medical specialty ("Non-Identifying Information").

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Website, authenticate your Website account registration, and to administer your inquiries and communicate with you.  We may also use your Personal Information in other ways naturally associated with the circumstances in which you provided the information .

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying information. We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other visitors or sources to attempt to provide you with a better experience, to improve the quality and value of the Service and to analyze and understand how our Service is used. We may also use the combined information without aggregating it to serve you specifically.

We may also use your Personal Information to send you our marketing or promotional materials and other information that may be of interest to you.  If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions, if any, provided in our communications to you, or contact us via e-mail at the address specified at the end of this Privacy Policy (See " Changing or Deleting Information," below).  Please note that we may also use your Personal Information to contact you with notifications related to your use of the Website; you may not opt out of these notifications.

Public Forums

We may offer message boards, bulletin boards or similar public forums where you and other users of our Service can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personally identifiable information about any person) in connection with your use of these public forums. We may use Personal Information and Non-Identifying Information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by other persons, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Service.  You must not engage in any conduct or disclose any information in violation of HIPPA or other applicable laws or regulations protecting medical privacy and/or patient information. 

Log Data 

When you visit the Website, our servers automatically record information that your browser sends whenever you visit a website ("Log Data"). This Log Data may include information such as your computer's Internet Protocol address, browser type or the webpage you were visiting before you came to our Website, pages of our Website that you visit, the time spent on those pages, information you search for on our Website, access times and dates, and other statistics. We use this information to monitor and analyze use of the Website and for the Website's technical administration, to increase our Website's functionality and user-friendliness, and to better tailor the Service to our visitors' needs. We do not treat Log Data as Personal Information or use it in association with Personal Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information.

Cookies

Like many websites, we use "cookies" to collect information. A cookie is a small data file that we transfer to your computer's hard disk for record-keeping purposes. We may use cookies to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage by visitors and web traffic routing on the Website. Third party advertisers on the Website may also place or read cookies on your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Website or all functionality of the Website. 

Phishing

Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information or social security number or national identification numbers in an unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's website at http://www.ftc.gov.

2.  Information Sharing and Disclosure

Except as noted in this Privacy Policy, we do not sell or share your Personal Information.  Non-Identifying Information may be provided to other parties for marketing, advertising, or other uses.

Third Party Service Providers

We or our affiliated companies may engage third party companies and individuals to facilitate our Service, to provide the Service on our behalf, and to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Service is used. These third parties may have access to your Personal Information.  If they do, this access is only so that they may perform these tasks on our behalf and they will be obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of WorldOne, its affiliates or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

Data Transfer

Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to provide information to us, we transfer Personal Information to the United States and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. 

Business Transfers

WorldOne may sell, transfer or otherwise disclose some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

3.  General.

Changing or Deleting Your Information

If you would like us to change or delete your Personal Information in our system, please contact us and we will attempt to accommodate your request if we do not have any legal obligation to retain the Personal Information. See below for contact information. Please note we may retain server/backup copies of all such data.    

Security

We are very concerned with safeguarding your information. We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on our Website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Our Website contains links to other websites. The fact that we link to a website or display a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with any of those third parties, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Our Policy Toward Children

This Website is not directed to persons under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at info.medtango@worldone.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files. 

Contacting Us

If you have any questions about this Privacy Policy, please contact us at info.medtango@worldone.com.