SCHOLZ Databank Legal Terms
END-USER SERVICE AGREEMENT
FOR PROFESSIONAL USER AND USAGE IN THE UNITED STATES OF AMERICA ONLY
Disclaimer
Limited Use
SCHOLZ Databank, Inc., its agents, assigns, officers, directors, employees, parent, subsidiaries, affiliates, related parties, medical advisors, consultants, and staff (collectively "Licensor") claim that the information content and drug interactions measured by this product are intended only to be a source of information for healthcare providers located in the United States of America ("Authorized Users" in the U.S.) and not to specifically provide medical advice for individual problems and not addressing healthcare providers or any other users outside the U.S. . All information contained on this product, including information relating to drug interactions, medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by the Authorized User or other medical professionals or any information contained on or in any product packaging or labels, including, but not limited to, informational materials of the Federal Food and Drug Administration and pharmaceutical manufacturer information. It is mandatory for the Authorized User that the most recent product label information of the drugs prescribed or recommended is known to her or him as well as the User Manual when using this product. Authorized User agrees that while Licensor makes every attempt to supply comprehensive and up-to-date information, Licensor does not guarantee that the information is complete or error free at the time of a Authorized User’s retrieval of the data. Additionally, it is impossible to eliminate all risks inherently associated with use of this drug information tool. Drug dosage excesses or deficiencies, ineffectiveness, or other intended consequences of too myriad a nature to list herein or the manners of use are beyond the control of LICENSOR.
THE CONTENT CONTAINED IN THIS PRODUCT IS PROVIDED BY LICENSOR AS A SERVICE TO ITS CUSTOMERS. THIS PRODUCT DOES NOT CONTAIN INFORMATION ABOUT ALL DRUG INTERACTIONS, NOR DOES THIS PRODUCT CONTAIN ALL MEDICAL INFORMATION THAT MAY BE RELEVANT. ALL CONTENT PROVIDED IN THIS PRODUCT IS ONLY GENERAL HEALTH INFORMATION AND IS ONLY INTENDED TO FACILITATE COMMUNICATION BETWEEN THE AUTHORIZED USER AND THE AUTHORIZED USER’S PATIENTS. IT IS NOT INTENDED FOR DIAGNOSIS AND CANNOT PROVIDE A DIAGNOSIS FOR ANY PARTICULAR INDIVIDUAL AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR CARE. THE AUTHORIZED USER SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED WITH THIS PRODUCT OR OTHER PRODUCTS.
No Warranties
THIS PRODUCT AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS PRODUCT ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. LICENSOR DOES NOT WARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED ON THIS PRODUCT WILL SATISFY THE AUTHORIZED USER’S REQUIREMENTS OR THAT IT IS WITHOUT DEFECT OR ERROR. EXCEPT AS EXPRESSLY AND UNAMBIGUOUSLY STATED OTHERWISE, LICENSOR DOES NOT ENDORSE, OPERATE, CONTROL, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, TREATMENT, INFORMATION, OR SERVICES ON THE PRODUCT, IN ANY WAY. LICENSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT, COMPATIBILITY, SECURITY, OR ACCURACY AS TO THE OPERATION OF THE PRODUCT AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. LICENSOR DOES NOT WARRANT THAT ACCESS TO OR USE OF ITS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT LICENSOR OR LICENSOR SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
Limitation on Liability
AS PARTIAL CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS PRODUCT, YOU AGREE THAT: (I) IN NO EVENT WILL LICENSOR OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS PRODUCT OR ANY PRODUCT INTEGRATED TO THIS PRODUCT, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS PRODUCT; AND (II) THE AGGREGATE LIABILITY OF LICENSOR, OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS YOU PURCHASE FROM LICENSOR OR LICENSOR’S LICENSEE IN THE RELEVANT TRANSACTION; AND (III) LICENSOR SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THE USE OF THIS PRODUCT OR ANY GOODS OR SERVICES OBTAINED ON THIS PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Assumption of Risk
YOU ACKNOWLEDGE, BY YOUR USE OF THIS PRODUCT, THAT YOU ARE A U.S. AMERICAN USER AND RESIDENT OF THE U.S. AND YOUR USE OF THIS PRODUCT IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH ANY USE OF THIS PRODUCT, INCLUDING RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS PRODUCT.
Additionally, Licensor absolutely disclaims any responsibility or liability and does not guarantee any other product or service shown on this product; nor do they guarantee any claim made by the manufacturer of such product or service. Licensor offers this drug interaction tool and the Authorized User accepts it subject to this Condition of Use and Disclaimer that may be varied only by written agreement signed by a duly authorized representative of Licensor.
Liability Due to Content Provided By Third Parties
Any features on this product to products operated by third parties are provided for the Authorized User’s convenience only. Licensor is not responsible for the content and performance of these products or for the Authorized User’s transactions with them and Licensor’s inclusion of links to such products does not imply any endorsement of the material on such products. Statements about some products and health conditions have not been evaluated by the U.S. Food & Drug Administration. Licensor does not necessarily endorse manufacturers' or others' claims about the efficacy of these products, nor does Licensor make any guarantee or warranty, express or implied, with respect to any products or services sold. Because medical information changes rapidly some information on Licensor’s product and products operated by third parties might be out of date.
THE LICENSOR PRODUCT INCLUDES CONTENT PROVIDED BY THIRD PARTIES AND AUTHORIZED USERS. FOR SUCH CONTENT, LICENSOR IS A DISTRIBUTOR AND NOT A PUBLISHER. LICENSOR HAS NO MORE EDITORIAL CONTROL OVER SUCH CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT AND NOT OF LICENSOR OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. THERE ARE NO WARRANTIES MADE AS TO THE COMPLETENESS, ACCURACY, CURRENCY, OR RELIABILITY OF INFORMATION PUBLISHED BY LICENSOR.
Conditions of Use
Authorized User agrees that he/she shall not: commercially exploit or violate any portion of Licensor’s intellectual property rights, or remarket the presentation, software, database, or information received from Licensor; make copies of Licensor’s presentation, software, database, information, or distribute such copies in a way that exceeds purely private and personal use; use Licensor’s services if these services not in compliance with the laws of the jurisdiction in which Authorized User is situated; and, that any and all disputes that should arise among Authorized User and Licensor shall be governed by the laws of the State of Delaware.
Effective Date
This provisions of the product disclaimer and Conditions of Use take effect on the date on which the Authorized User first uses Licensor’s product and continues until the Authorized User’s Licensor membership is terminated either by the Authorized User or by Licensor. LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY SUBMISSION OF SUCH CHANGE TO ITS LICENSEE. THE AUTHORIZED USER IS RESPONSIBLE FOR REVIEWING REGULARLY THIS PRODUCT DISCLAIMER AND CONDITIONS OF USE SUBMITTED TO LICENSEE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OF YOUR MEMBERSHIP OR CONTINUED USE OF LICENSOR’S PRODUCT AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
Severability
If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.