About WebMD: WebMD Terms and Conditions of Use | ||||||
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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
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By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!
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WebMD, Inc. ("WebMD") may revise and update these Terms and Conditions at any time. Your continued usage of the WebMD website ("WebMD Site," or the "Site,") will mean you accept those changes. INDEX THE SITE DOES NOT PROVIDE MEDICAL ADVICE LIABILITY OF WEBMD AND ITS LICENSORS WEBMD LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS") ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The contents of the WebMD Site, such as text, graphics, images, information obtained from WebMD's licensors, and other material contained on the WebMD Site ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the WebMD Site! If you think you may have a medical emergency, call your doctor or 911 immediately. WebMD does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WebMD, WebMD employees, others appearing on the Site at the invitation of WebMD, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site. We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. WebMD authorizes you to view or download a single copy of the material on the WebMD Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 1996 - 2004, WebMD, Inc. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the WebMD Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with WebMD or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of WebMD. All rights not expressly granted herein are reserved to WebMD and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. LIABILITY OF WEBMD AND ITS LICENSORS. The use of the WebMD Site and the Content is at your own risk. When using the WebMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WebMD and its suppliers. Accordingly, WebMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WebMD Site. The WebMD Site and the content are provided on an "as is" basis. WEBMD, ITS LICENSORS, AND ITS 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 PARTICULAR PURPOSE. Without limiting the foregoing, WebMD, its licensors, and its suppliers make no representations or warranties about the following: 1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the WebMD Site or WebMD. 2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the WebMD Site. In no event shall WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD 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 WebMD Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site are advised of the possibility of such damages. WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The personal information you submit to WebMD is governed by the WebMD Privacy Policy. To the extent there is an inconsistency between this Agreement and the WebMD Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes. If you make any such submission You agree that you will not send or transmit to WebMD by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to WebMD by email, you agree such submission is non-confidential for all purposes. If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to WebMD by email, you automatically grant�or warrant that the owner of such content or intellectual property has expressly granted�WebMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. WebMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to WebMD by email. We try to answer every email in a timely manner, but are not always able to do so. WebMD has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WebMD passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your WebMD account and password; (3) promptly inform WebMD of any need to deactivate a password. You grant WebMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. WebMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using WebMD tools and services. If you choose to subscribe to one of WebMD's subscription services, such as the WebMD Weight Loss Clinic Service, the WebMD Fertility Center or the WebMD Health Manager (collectively, the "Subscription Services"), the following additional terms and conditions will apply depending on which service you choose. You should be aware that the WebMD Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18. INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs. CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying WebMD of such charges. You agree that WebMD may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. WebMD reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days' notice. MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is determined by the level of membership you choose. Unless specified otherwise on the WebMD Weight Loss Clinic website, your membership to the WebMD Weight Loss Clinic is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by WebMD. CANCELLATION: If you cancel your WebMD Weight Loss Clinic membership during your initial membership period, you will not receive a refund for that period. After the initial membership period, you are financially responsible for the monthly membership fee until you notify WebMD that you are canceling your membership. You may cancel your membership for WebMD Weight Loss Clinic at any time after the initial membership period, and if you have been charged for the month in which the cancellation occurs, you will receive a full refund for that month. Cancellations become effective during the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to WebMD Weight Loss Clinic and concludes on the day before that calendar date (e.g., June 14th) the following month. You may cancel your membership to WebMD Weight Loss Clinic as follows: By email: send an email to [email protected] from the email account you submitted to WebMD Weight Loss Clinic when registering on the WebMD Weight Loss Clinic website and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name. By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: WebMD Customer Service, 1175 Peachtree Street, NE, 100 Colony Square, Suite 2400, Atlanta Georgia 30361, Attn: WebMD Weight Loss Clinic Member Services. By telephone: dial toll free 800-475-6684. You will be asked to provide your first and last name, user name, email address or other relevant identifying information. CONTACT US: Questions or comments regarding the WebMD Weight Loss Clinic website, including any reports of non-functioning links, should be directed by electronic mail to [email protected] or via U.S. mail to WebMD Customer Service, 1175 Peachtree Street, NE, 100 Colony Square, Suite 2400, Atlanta Georgia 30361, Attn: WebMD Weight Loss Clinic Member Services. We try to answer every email in a timely manner but are not always able to do so. INFORMATION YOU SUBMIT: By submitting your personal fertility chart for review by a Chart Counselor, or when attaching your fertility chart to a message board posting, you are acknowledging that your chart and screen name may be published to other members of WebMD Fertility Center. Any Success Story submitted to WebMD Fertility Center may be published, displayed, copied or otherwise used by WebMD at it's sole discretion for promotion of WebMD Fertility Center. MEMBERSHIP TERM AND PRICING: With the exception of special offers, your membership term is determined by the level of membership you choose. The minimum level of membership is a three-month commitment. Unless specified otherwise on the WebMD Fertility Center website, your membership is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by WebMD. As a WebMD Fertility Center member, you automatically receive a complimentary newsletter for the first seven days of your membership. You will also receive an additional complimentary subscription to the WebMD bi-weekly WebMD Fertility Center Newsletter throughout the term of your membership. You can opt-out of the newsletter at any time by following the unsubscribe links in the newsletter. CANCELLATION: If you cancel your WebMD Fertility Center membership during your initial membership period, you will not receive a refund for that period. After the initial membership period, you are financially responsible for the monthly membership fee until you notify WebMD that you are canceling your membership. You may cancel your membership for WebMD Fertility Center at any time after the initial membership period, and if you have been charged for the month in which the cancellation occurs, you will receive a full refund for that month. Cancellations become effective during the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to WebMD Fertility Center and concludes on the day before that calendar date (e.g., June 14th) the following month. You may cancel your membership to WebMD Fertility Center as follows: By email: send an email to [email protected] from the email account you submitted to WebMD Fertility Center when registering on the WebMD Fertility Center website and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name. By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: WebMD, Inc., 100 Colony Square, Suite 2400, 1175 Peachtree Street, Atlanta, Georgia 30361, Att: WebMD Fertility Member Services. By telephone: dial toll free 1-800-530-5623. You will be asked to provide your first and last name, user name, email address or other relevant identifying information. CONTACT US: Questions or comments regarding the WebMD Weight Loss Clinic website, including any reports of non-functioning links, should be directed by electronic mail to [email protected] or via U.S. mail to WebMD Customer Service, 1175 Peachtree Street, NE, 100 Colony Square, Suite 2400, Atlanta Georgia 30361, Attn: WebMD Fertility Center Member Services. We try to answer every email in a timely manner but are not always able to do so. MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, your membership term is determined by the level of membership you choose. Unless specified otherwise on the WebMD Health Manager site, each membership is automatically renewed following the initial term on a yearly basis until notice of cancellation is received by WebMD. Each WebMD Health Manager member automatically receives a subscription to the WebMD Health Manager newsletters based on the profile submitted. CANCELLATION: All subscribers to WebMD Health Manager will receive a free 6-month (180 days) trial period. On day 181, they will be billed for the next year of service, and each subsequent year (365 days after the initial bill event). On or around day 160 of the trial offer period, we will send out an email alerting users that their cards will be billed on "x" date. Within the email we will include instructions on how to cancel by referring them to the Terms of Use. Once their card is billed, there will be no refund. The email notification will also provide instructions on how to change billing information within the user's account in the event that such information has been changed. CONTACT US: Questions or comments regarding the WebMD Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form or by U.S. Mail to WebMD Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: WebMD Health Manager Member Services. We try to answer every email in a timely manner but are not always able to do so. WEBMD LIVE AND MEMBER TO MEMBER AREAS ("PUBLIC AREAS"). If you use a Public Area, such as a chat room, bulletin board or community Ask Our Expert posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. WebMD and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
WebMD reserves the right (but is not obligated) to do any or all of the following:
WebMD or its licensors have no liability or responsibility to users of the WebMD Site or any other person or entity for performance or nonperformance of the aforementioned activities ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES. WebMD may provide links to third-party web sites. WebMD also may select certain sites as priority responses to search terms you enter and WebMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. WebMD does not recommend and does not endorse the content on any third-party websites. WebMD is not responsible for the content of linked third-party sites, sites framed within the WebMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WebMD does not endorse any product advertised on the WebMD Site. You agree to defend, indemnify, and hold WebMD, its 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 and Conditions. WebMD is based in Atlanta, Georgia, in the United States of America with offices in New York, New York and Atlanta, Georgia. WebMD makes no claims that WebMD, WebMD Weight Loss Clinic, WebMD Fertility and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the WebMD Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement. You expressly agree that exclusive jurisdiction for any dispute with WebMD, or in any way relating to your use of the WebMD Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving WebMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT: If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting WebMD's copyright agent (identified below) and providing the following information: 1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. 2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. 3. Your name, address, telephone number and (if available) e-mail address. 4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. 6. A signature or the electronic equivalent from the copyright holder or authorized representative. WebMD's agent for copyright issues relating to this web site is as follows: WebMD, Inc.Attn: Office of Privacy 1175 Peachtree Street, Suite 2400 100 Colony Square Atlanta, Georgia 30361 [email protected] Or call: 866-788-3097 In an effort to protect the rights of copyright owners, WebMD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers. Except as expressly provided in a particular "legal notice" on the WebMD Site, these Terms and Conditions and the WebMD Privacy Policy and Agreement constitute the entire agreement between you and WebMD with respect to the use of the WebMD Site, and Content. Thank you for your cooperation. We hope you find the WebMD Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to WebMD Office of Privacy at 1175 Peachtree Road, NE, Suite 2400, Atlanta, GA 30361. We try to answer every email in a timely manner but are not always able to do so. � 2005 WebMD Inc. All rights reserved. | ||||||
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