Clindads Subscription and License Agreement

…the legal stuff.

This work is provided “as is” and the publisher disclaims any and all warranties, express or implied, including any warranties as to the accuracy, comprehensiveness, or currency of the content of this work. 

This work is no substitute for individual patient assessment based upon healthcare professionals’ examination of each patient and consideration of, among other things, age, weight, gender, current or prior medical conditions, medication history, laboratory data and all other factors unique to the patient. The publisher does not provide medical advice or guidance and this work is merely a reference tool. Healthcare professionals, and not the publisher, are sorely responsible for the use of this work including all medical judgments and for any resulting diagnosis and treatment.

Given continuous rapid advances in medical science and health information, independent professional verification of medical diagnoses, indications, appropriate pharmaceutical selections and dosages, and treatment options should be made and healthcare professionals should consult a variety of sources. When prescribing medication, healthcare professionals are advised to consult the product information sheet [the manufacturer’s package insert] accompany each drug to verify, among other things, conditions of use, warnings, and side effects and identify any changes in dosage schedule or contraindications, particularly if the medication to be administered is new, infrequently used or has a narrow therapeutic range. Although Clindads has tried its best to provide accurate information this site may still contain errors and omissions and the publisher is not responsible for errors or omissions.

To the maximum extent permitted under applicable law, no responsibility is assumed by the publisher for any injury and/or damage to persons or property, as a matter of products liability, negligence law or otherwise, or from any reference to or use by any persons of this work.

By clicking the “sign up” button (or opening and using the software/content package if applicable), you agree to become bound by the terms of this Subscription and License Agreement (the “Agreement”). If you do not agree to these terms, click “decline” (or do not open the package and promptly return it if applicable). READ THE FOLLOWING TERMS IN THIS AGREEMENT CAREFULLY BEFORE INDICATING YOUR ACCEPTANCE. In this Agreement, the term “you” refers to:  an individual entering into this Agreement as a condition of using Clindads through signing up for an account.

LICENSE: Clindads in consideration of signing up to use its website grants you a non-exclusive, non-transferable license and right to use and access the Clindads database and software (the “Licensed Materials”) in accordance with the applicable subscription terms (as may be further provided in Clindads’ separate invoice terms or any additional subscription and license terms entered into by and between Clindads and you and/or the Institution):

OWNERSHIP: The Licensed Materials, including without limitation all copyrights and other intellectual property rights therein, are the sole and exclusive property of Clindads (or its parents, subsidiaries, affiliates, or designees) or its suppliers. By indicating that you accept these terms, you do not become the owner of the Licensed Materials, but are entitled to use them only according to the terms of this Agreement.

PERMITTED USES: You may use clindads as a ‘copy paste’ tool for writing your notes into any EMR. Under no circumstances may Authorized Users print or email articles from the Licensed Materials.

PROHIBITED USES: Except as expressly permitted in this Agreement, any copying, printing, distributing or modifying of the Licensed Materials is strictly prohibited. No part of the Licensed Materials may be copied for resale or other commercial use, or posted on public bulletin boards, web sites, Internet domains, or online chatrooms, or hyperlinked, indexed, or otherwise utilized by automated software means, including: search engines, robots, spiders, crawlers, data mining tools, or any other software that aggregates access to, or the content of, the Licensed Materials. The Licensed Materials may not be combined with other content in knowledge banks or through similar technologies. No part of the Licensed Materials may be reverse engineered or included in other software. Clindads reserves the right in its sole discretion to change and or cancel an individual’s user name and password or to disable an IP address without notice in the event of multiple concurrent logins, excessive search quantities or excessive download traffic volumes. You agree to comply with all applicable laws, including all US export laws and regulations, in connection with Your access and use of the Licensed Materials.

RESTRICTION AGAINST TRANSFER: You may not sublicense, assign, share, sell, rent, lease, or otherwise transfer your right to use the Licensed Materials (including your username and password) whether by merger, operation of law, or otherwise.

USE OF PROFESSIONAL JUDGMENT: The editors and authors of the Licensed Materials have conscientiously and carefully tried to create the identified diagnosis measures, treatment alternatives and drug dosages in the Licensed Materials that conform to the standards of professional practice that prevailed at the time of publication. However, standards and practices in medicine change as new data become available and the individual medical professional should consult a variety of sources. In addition, when prescribing medications, the user is advised to check the product information sheet accompanying each drug to verify conditions of use and identify any changes in dosage schedule or contraindications, particularly if the agent to be administered is new, infrequently used or has a narrow therapeutic range.

The Licensed Materials describe basic principles of diagnosis and therapy. The information provided in the Licensed Materials is no substitute for individual patient assessment based upon the healthcare provider’s examination of each patient and consideration of laboratory data and other factors unique to the patient. The Licensed Materials should be used as a tool to help the user reach diagnostic and treatment decisions, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in the Licensed Materials. The opinions expressed in the Licensed Materials are those of its authors and editors and may or may not represent the official position of any medical societies cooperating with, endorsing or recommending the Licensed Materials.

DATA PROTECTION. To the extent that Clindads Processes Personal Data about Data Subjects located in the EEA (as such terms are defined in the Data Protection Annex) in performing its obligations under this Agreement, the terms displayed at EULA DPA or such other website address as may be notified to you from time to time (the “Data Protection Annex”) applies to such Processing and is incorporated into this Agreement. clindads may, in its sole discretion, amend or replace the Data Protection Annex at any time without notice to you and you should review the terms of the latest Data Protection Annex that applies to this Agreement at regular intervals.

LIMITATION OF LIABILITY: IN NO EVENT WILL Clindads, ITS AFFILIATES OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR (I) ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR (II) FOR ANY OTHER LIABILITIES ARISING FROM ANY DAMAGES, FINES, COSTS OR EXPENSES, INCLUDING THOSE RELATING TO LOSS, UNAVAILABILITY, CORRUPTION, DISCLOSURE OR MISUSE OF DATA (INCLUDING THAT RELATING TO OR ARISING FROM A PERSONAL DATA BREACH) OR LOSS OF PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, IN ALL CASES, TO ANY PARTY, EVEN IF Clindads, ITS AFFILIATES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FINES, COSTS, EXPENSES AND OTHER LIABILITIES, OR THE SAME ARE REASONABLY FORESEEABLE. IN NO EVENT SHALL clindads, ITS AFFILIATES’ OR ITS LICENSORS’ LIABILITY FOR ANY DAMAGES OR LOSS TO YOU AND/OR ANY OTHER PARTY IN THE AGGREGATE EXCEED THE FEES PAID TO clindads FOR YOUR USE OF THE LICENSED MATERIALS HEREUNDER IN THE TWELVE (12) MONTHS PRECEEDING THE CLAIM.

Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of certain types of loss, fines, costs, expenses or special, indirect, incidental, exemplary, or consequential damages, so the above limitation and exclusion may not apply to you.

GENERAL: If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by Clindads. Clindads waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws of the USA, without regard to its principles of conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods. 

Should you have any questions regarding this Agreement, you may contact Clindads at contact@clindads.com

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