Terms of Use

The TheraSim website (the “Site”) and the services made available through the Site (the “Services”) are provided to you subject to your agreement and compliance with these Terms of Use. You will always be able to view the most current version by clicking on a link at the bottom of any page of the Site.

By accessing or using the Site and the Services, you agree to these Terms of Use. If you do not agree to all of these Terms of Use, do not use the Site or the Services.

Changes to These Terms of Use

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Online Services, and if you possess an Account, by communicating the modifications to you either when you log in to the Online Services or by sending them to contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (i) by continuing to use or access the Online Services after modified Terms of Use are posted to the Online Services or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of the modifications as described above

Information Provided Through the Services

The information that Medscape, LLC (“Medscape”) makes available through the Services is intended for physicians and other healthcare professionals. While we hope you find this information helpful, it not meant to serve as a substitute for your own clinical judgment as a healthcare professional. We do not provide medical advice nor do we recommend or endorse particular products. If you are a consumer who chooses to use the professional-level information available through the Services, you do so at your own risk and you should not rely on such information as professional medical advice and you should not use the Services as a replacement for a relationship with a physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.

We follow standard editorial procedures for information that we each make available through the Services, however, we do not offer you any warranty or guarantee related to the Services or the information provided through the Services. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It is your job to evaluate the information provided through the Services. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

Proprietary Rights

You acknowledge and agree that the Site, Services and any information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. You agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the Services, in whole or in part. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services. You may view information provided through the Services online, download individual articles to your computer or mobile device for later reading or print limited excerpts for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use.

Information that You Provide to the Services

When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. We will consider requests to remove information that you make publicly available through the Services on an individual basis (contact us at the email address we provide at the end of this document). For information that you submit to areas of the Services that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any content that is false, inappropriate or misleading. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties’ use or misuse of information transmitted or received using the Services.

Privacy Policy

Our Privacy Policy is a part of these Terms of Use and is incorporated by reference. By accepting these Terms of Use you agree to our collection, use, and disclosure of your information as described in the Privacy Policy.

You can review the Privacy Policy here.

Your Conduct

You agree to comply with all laws, rules, and regulations applicable to your use of the Services. You agree to not take any action that might interfere with the proper working of the Services, compromise the security of the Services, or otherwise damage the Services or any materials and information available through the Services. You may not use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Medscape or others.

You may not attempt to gain unauthorized access to any portion or feature of the Services, to any other systems or networks connected to the Services, or to any Medscape server by hacking, password “mining”, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Online Services or any network connected to the Services. You may not use any automated means to collect information or content from or otherwise access the Services, including but not limited to through the use of technical tools known as robots, spiders, or scrapers, without our prior permission.

Links to Other Websites and Online Services

For your convenience, the Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties.

These other websites and online services are not under our control, and you acknowledge and agree that we and our affiliated companies are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites or online services or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

Registration and Passwords

The Services may permit or require you to register or obtain a password prior to permitting you to access certain portions of the Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the Services through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to keep your account information secure and confidential.

Operation of the Services

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (1) modify or change the Services, or any portion of the Services; and (2) interrupt the regular operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Services.

Laws that Govern this Agreement

We control the Services from our offices within the United States of America. The Services can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Services may differ, by accessing the Services, you agree that the statutes and laws of the state of New York, without regard to choice of laws principles, will apply to all matters relating to use of the Services. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you access the Services from outside the United States, you are responsible for compliance with the laws of your jurisdiction.

Consequences

We may take any legal action we deem appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our affiliates harmless against any liability for that harm. If there is any dispute between you and us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New York.

Modification, Suspension and Termination of Access

You agree that we may, under certain circumstances and without prior notice, modify, suspend or termination your access to the Services or any portion thereof (including eliminating your account and any associated email address) and remove any information you uploaded or provided to the Services. Cause for modification, suspension, or termination of your access to the Services shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (i.e.,self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all modifications, suspensions, and terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any modifications, suspensions, and terminations of your access to the Services or any portion thereof.

Disclaimer of Warranties and Limitation of Liability

Your use of the Services is at your own risk. The Services and information included therein are provided on an “as is” and “as available” basis. WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Services or information contained therein.
  2. The availability of the Services at any particular time or location.
  3. That the Services are free of viruses or other harmful components.
  4. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.

In no event will we, our licensors, our suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned within the Services are advised of the possibility of such damages. To the extent the foregoing limitation on liability is held unenforceable by a court of competent jurisdiction, we, our licensors, our suppliers, or any third parties mentioned within the Services shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use or misuse of the Services.

Equitable Relief

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Severability

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Survival

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Proprietary Rights, Information that You Provide to the Online Services, Privacy Policy, Links to Other Websites and Online Services, Registration and Passwords, Laws that Govern this Agreement, Consequences, Disclaimer of Warranties and Limitation of Liability, Indemnity, Equitable Relief, Severability, Survival, and Complete Agreement.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms of Use constitutes the entire agreement between you, WebMD and Medscape with respect to your use (and prior use) of the Services.

Questions or Concerns

For questions or concerns about these Terms of Use, please send an email to MedscapeCustomerSupport@webmd.net

Effective Date:

August 15th, 2014

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