User has a nonexclusive, nontransferable, limited, revocable right to use the Website
solely for User's personal educational, informational, and entertainment use. User
will not use the Website for any other purpose, including any commercial purpose,
without the Company's express prior written consent. For example, User will not
and will not authorize any other party to (i) Co-brand the Website or portion thereof,
or (ii) frame the Website or portion thereof (whereby the Website or portion thereof
will appear on the same screen with a portion of another website). “Co-branding”
means to display a name, logo, trademark, or other means of attribution or identification
of any party in such a manner reasonably likely to give a User the impression that
such other party has the right to display, publish, or distribute the Website or
content accessible within the Website (the “Content”). User agrees to
cooperate with the Company in causing any unauthorized Co-branding, framing or linking
to immediately cease.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Website (the
“Content”) is the proprietary information of the Company and its content
providers, and the Company and its content providers retain all right, title, and
interest in the Content. Accordingly, User will not reproduce, transmit, publish
or distribute such content to any third party without the express written consent
of the Company or the applicable content provider except that User may print out
a copy of Content solely for User's personal use. In doing so, User will not remove
or alter, or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any of the
The information provided by A.D.A.M. should not be used during any medical emergency
or for the diagnosis or treatment of any medical condition. A licensed physician
should be consulted for diagnosis and treatment of any and all medical conditions.
Call 911 for all medical emergencies. Links to other sites are provided for information
only — they do not constitute endorsements of those other sites. Copyright
2010 A.D.A.M., Inc. Any duplication or distribution of the information contained
herein is strictly prohibited.
A.D.A.M., Inc. is accredited by URAC, also known as the American Accreditation HealthCare
Commission (www.urac.org). URAC’s accreditation program is the first of its
kind, requiring compliance with 51 standards of quality and accountability, verified
by independent audit. A.D.A.M. is among the first to achieve this important distinction
for online health information and services. Learn more ABOUT US’s editorial
reviewers. A.D.A.M. is also a founding member of Hi-Ethics and subscribes to the
principles of the Health on the Net Foundation (www.hon.ch)..
Further, User will have access to a variety of sources of content through the Internet.
The Company has made no effort to verify the accuracy or suitability of any information
contained in any such sources. Accordingly, the Company will have no liability or
responsibility whatsoever for any content contained within any such sources. User
acknowledges and agrees that User accesses, uses and relies upon such content at
User's own risk. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH
MATERIALS AT YOUR OWN RISK. A.D.A.M. HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
User understands that, except for information, products or services clearly identified
as being supplied by the Company, the Company does not operate, control or endorse
any information, products or services on the Internet in any way. User also understands
that the Company cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive properties. Each
User is responsible for implementing sufficient procedures and checkpoints to satisfy
User's particular requirements for accuracy of data input and output, and for maintaining
a means external to the Website for the reconstruction of any lost data. The Company
does not assume any responsibility or risk for your use of the Internet.
THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO ANY CONTENT
ACCESSIBLE WITHIN OR THROUGH THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
USER ACKNOWLEDGES AND AGREES THAT A.D.A.M. IS NOT IN THE BUSINESS OF PROVIDING ANY
TYPE OF PROFESSIONAL MEDICAL ADVICE WHATSOEVER.
4. Limitation on Liability.
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL,
OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
OR OTHERWISE) EXCEED THE AMOUNT USER HAS PAID TO THE COMPANY FOR THE APPLICABLE
CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
User will indemnify and hold the Company, its licensors, content providers, service
providers and contractors (the “Indemnified Parties”) harmless from
any breach of this Agreement by User, including any use of Content other than as
expressly authorized in these Terms And Conditions. User agrees that the Indemnified
Parties will have no liability in connection with any such breach or unauthorized
use, and agrees to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith.
User will also indemnify and hold the Indemnified Parties harmless from and against
any claims brought by third parties arising out of User's use of the information
accessed from the Website.
(a) Governing Law. These Terms and Conditions will be governed by the law of the
State of Georgia, without regard to its choice of laws provisions.
(b) Venue and Jurisdiction. User submits to the jurisdiction of the state and federal
courts in Atlanta, Georgia for the purposes of resolving any dispute arising out
of the subject matter of these Terms and Conditions.
(c) Severability. If any provision of these Terms And Conditions is deemed to be
unenforceable as written under applicable law, the parties intend that such provision
be modified to the extent, and only to the extent, necessary to make such provision
enforceable. In the event any unenforceable provision cannot be modified to make
it enforceable, the parties intend that such provision be stricken from these Terms
And Conditions with all other provisions remaining in full force and effect.
(d) Force Majeure. The Company will not be liable or responsible for any failure
or delay in performance if such failure or delay is caused in whole or in part by
causes beyond its complete control, including fire, flood, explosion, war, strike,
embargo, government regulation, civil or military authority, act of God, acts or
omissions of carriers, transmitters, telephone companies, Internet service providers,
Internet backbone providers, vandals, or hackers.
(e) Third Party Sales or Websites. Via access provided by the Website, User may
order products and service from third parties who are not affiliated with the Company.
The Company is not a party to any transactions with third parties and makes no representations
or warranties whatsoever with respect either to such third parties or to the subject
matter of such transactions. The Company will have no responsibility or liability
with respect to any such transactions.
(f) Third Party Beneficiaries. Sections 2 through 5 are also for the benefit of
the Company's licensors, content providers, and service providers, and each shall
have the right to assert and enforce such provisions directly on its own behalf.
(g) No Waiver. The failure on the part of the Company to exercise any right or remedy
hereunder will not operate as further waiver of such right or remedy in the future
or any other right or remedy. For example, failure of the Company to enforce the
prohibition against unauthorized Co-branding and framing contained in Section 1
will not operate as a waiver of the Company's right to enforce that prohibition
at any time against any party.
(h) A.D.A.M. is not responsible for users attempting to use the web site outside
of the scope of its intended services. Neither are we responsible for reporting
information to legal/regulatory authorities, as the company is not involved with
web usage, receipt of information, nor service delivery through a web site. Misuse
of this site and other services, including any violation of these terms and condition
may cause the user to lose their ability to access and use this site and other services.
A.D.A.M. does not provide message boards or live commenting for users. All user
comments come direct to email@example.com. Feedback from clients on our
Education Products goes to firstname.lastname@example.org. Clients who license our content
may provide such commenting or message services on their web sites. A.D.A.M. is
not responsible for the misuse of those commenting or message services.