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General Disclaimer

IMETRIKUS AND ITS WEBSITE PROPERTIES ("SITE") DO NOT RENDER MEDICAL ADVICE TO MEMBERS ("HEALTHCARE PROFESSIONALS" OR "PATIENTS"). SITE CONTENT IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL EXAMINATION OR ASSESSMENT OF A PATIENT'S CONDITION. ALL CONTENT IS GENERAL IN NATURE, IS PRESENTED IN SUMMARY FORM, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY TO SUPPORT COLLABORATION BETWEEN A HEALTHCARE PROFESSIONAL AND HIS/HER PATIENT. THIS WEBSITE IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. DO NOT RELY ON CONTENT, GUIDELINES, PRODUCTS OR ANY OTHER SERVICE OFFERED BY OR THROUGH IMETRIKUS OR THE SITE FOR PERFORMING A MEDICAL OR CLINICAL DIAGNOSIS OR DECISION, OR FOR PRESCRIBING MANAGEMENT OR TREATMENT FOR A PATIENT’S CONDITION.

General Use Terms and Conditions

PLEASE READ CAREFULLY THESE USE TERMS AND CONDITIONS BEFORE USING THE IMETRIKUS SITE ("SITE"). PRIVACY AND SECURITY POLICIES ARE AVAILABLE ON THE SITE. YOU SHOULD READ ALL USE TERMS, CONDITIONS AND POLICIES. iMetrikus, Inc. ("iMetrikus") provides this Site as a service to healthcare professionals and patients. You must agree to all of these Terms and Conditions in order to use this Site. If you do not agree to all of these General Use Terms and Conditions, do not use this Site. iMetrikus reserves the right to revise and update these Use Terms and Conditions at anytime. You should review these Use Terms and Conditions periodically as your continued use of this Site means you accept such changes.

Privacy and Security Policy

iMetrikus is committed to protecting the privacy of everyone who uses this Site and demonstrates its firm commitment to privacy through Privacy and Security Policy measures.

WE WILL NEVER WILLFULLY SELL, TRADE, RENT, OR LOAN IDENTIFIABLE PERSONAL INFORMATION TO ANY THIRD PARTY WITHOUT FIRST RECEIVING YOUR PERMISSION, UNLESS LEGALLY REQUIRED TO DO SO. WE MAY PROVIDE AGGREGATED DATA TO OUR CLIENTS. NOTHING IN THE AGGREGATED DATA WILL IDENTIFY ANY INDIVIDUAL PATIENT. HOWEVER, A PROFESSIONAL PRACTICE MAY RESIDE UNDER OR WITHIN THE BUSINESS DOMAIN OF ONE OR MORE OF OUR CLIENTS TO WHOM WE MAY PROVIDE AGGREGATE DATA, AND THIS DATA MAY IDENTIFY THE HEALTHCARE PROFESSIONAL.

You have read the iMetrikus Privacy and Security Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable.

iMetrikus Content Rights

iMetrikus reserves the right to delete, modify or supplement Site content anytime for any reason without notifying anyone about such content changes. As iMetrikus may revise and update these Terms and Conditions anytime, you must periodically review these Terms and Conditions because your continued use of the Site means you accept any changes to our Use Terms and Conditions.

iMetrikus will use reasonable efforts to provide up-to-date and accurate information on this Site, but makes no representations, warranties or assurances as to the accuracy, currency, or completeness of the information provided.

iMetrikus reserves the right to change or discontinue, at any time, any aspect or feature of this Site. iMetrikus shall not be liable for any damages or injury resulting from your access to, or inability to access, this Internet Site, or from your reliance on any information provided at this Internet Site. iMetrikus reserves the right to discontinue any use that is abusive, illegal, disruptive, or that otherwise fails to conform with these Terms and Conditions. Accordingly, iMetrikus reserves the right to terminate a Member's access to any or all membership areas upon a Member's breach of these Terms and Conditions and will cooperate with local authorities, if necessary to further prevent any proscribed illegal use of this Site.

About the Site

Content is provided on an "As is" and "As available" basis. Although iMetrikus reserves the right to correct any errors, omissions, or inaccuracies, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, service, or merchandise presented herein (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any product information listed on the Web Site. Further, we do not represent that the Web Site will operate without interruption or error, nor do we provide any assurances of the availability or usability of the online shopping services.

iMetrikus does not accept any liability for the consequences arising from the application, use, or misuse of any information contained herein, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise. In no event shall iMetrikus be liable for any incidental, consequential, punitive, or special damages, direct or indirect. iMetrikus is not liable for the unauthorized use of our content by any other Web Sites.

Terms of Use

These Terms of Use have been established to ensure that our Site remains a safe and non-offensive environment for all users. These terms, conditions, and policies apply solely to the use of iMetrikus and do not extend to any affiliated Sites or links to third parties. Read these Terms of Use carefully. Your use of this Site legally binds you to the terms, conditions, and policies outlined below. You should periodically review these terms, conditions, and policies for any updates or changes. Your continued use of this Site shall constitute notice and acceptance of any such changes.

Your Obligations

You agree to use this Site only for lawful purposes. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy this Site will not be tolerated, including by means of hacking or defacing any portion of this Site, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through this Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. We reserve the right to terminate or suspend your access to and use of this Site, or parts of this Site, without notice, if we believe, in our sole discretion, that it is in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

With respect to your account, you agree to provide true, accurate, current, and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this Site. Because any termination of your access to the Site may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Site. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this Site.

No Warranties, "As Is"

This Site, its links, sponsorships and content are provided on an "as is" basis without any warranties of any kind, whether expressed 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, or arising from a course of dealing, usage or trade practice. iMetrikus makes no representations or warranties about how accurate, reliable, complete, current or timely any content, or communications provided on or through the use of this Site is. iMetrikus makes no warranty that your use of the content contained on this Site satisfies government regulations as to disclosures of drug related medical information.

No Endorsements

iMetrikus does not recommend or endorse any opinions, specific tests, products, or procedures that may be mentioned on the Site. iMetrikus assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the materials provided to you. iMetrikus does not assume any liability for the contents of any material provided on the Site. Reliance on any information provided on this Site is solely at your own risk.

This Site may from time to time provide sponsorships, links or references to other Sites but iMetrikus is not endorsing these Sites, products, services or their respective owners or their opinions. iMetrikus has no responsibility for the content of such other Sites and shall not be liable for any damages or injury arising from that content. Any links to other Sites are provided as merely a convenience to the users of this Site.

Advertising Policy

iMetrikus may provide links to third-party web Sites who advertise on MediCompass.

The program sponsor and iMetrikus determine advertising. Program sponsors submit to iMetrikus the advertising choices that they wish to present to the program participants. iMetrikus reviews and approves the advertising placement, design, and content.

iMetrikus does not knowingly accept advertising that contains false/misleading claims or promotes ineffective or dangerous products.

iMetrikus reserves the right to refuse advertising that it deems inappropriate.

iMetrikus also may select certain Sites as priority responses to search terms you enter and iMetrikus may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. iMetrikus is not responsible for the content of linked third-party Sites, Sites framed within MediCompass, 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 Sites is at your own risk and subject to the terms and conditions of use for those Sites. iMetrikus does not endorse any product advertised on MediCompass.

Limitation of Liability

In no event shall iMetrikus, partners or any third party providers or distributors be liable for any direct or indirect damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use this Site, even if iMetrikus has been advised of the possibility thereof.

iMetrikus assumes no liability for or relating to the delay, failure, performance, nonperformance interruption, infection or corruption of any data or other information transmitted in connection with use of this Site. By using this Site you acknowledge that information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of iMetrikus and its suppliers.

If, notwithstanding the foregoing, iMetrikus or any third party provider or distributor should be found liable for any loss or damage which arises out of, or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of iMetrikus, and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the service charge (if any) for accessing this Site, or (b) US $100.00. In its sole discretion, in addition to any other rights or remedies available to iMetrikus and without any liability whatsoever, either iMetrikus at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.

Indemnification

By your use of the Site, you agree to defend, indemnify and hold iMetrikus, its officers, directors, employees, agents, and partners, 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 use of the Site, including all content, Weblications (defined as Internet-based software applications), services and interactive areas, in a manner that violates or is alleged to violate these Terms and Conditions. iMetrikus shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Relationship

The relationship between iMetrikus and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

Jurisdiction

You expressly agree that any dispute with iMetrikus relating to your membership or use of this Site will be resolved in the courts of the State of California. You agree further and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving iMetrikus or its affiliates, employees, contractors, officers, directors, telecommunication providers and content providers. These Terms and Conditions are governed by the substantive laws of the State of California, 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.

Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Modification

iMetrikus may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.

Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Headings

The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

Entire Agreement

THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND IMETRIKUS WITH RESPECT TO THE USE OF THIS SITE, CONTENT, WEBLICATIONS, AND INTERACTIVE AREAS CONTAINED HEREIN.

United States Export Controls

The United States controls the export of products and information from US companies abroad across the Internet. You are responsible for compliance with all federal and local laws regarding the import, export, or re-export of the contents of this Site (all forms of intellectual property, including software).

Intellectual Property Protection

Our MediCompass technology may combine the metathesaurus of iMetrikus with the Unified Medical Language System ("UMLS") Metathesaurus of the National Library of Medicine (“NLM”). Some material in the UMLS Metathesaurus may be from copyrighted sources of the respective copyright holders. Users of the UMLS Metathesaurus are solely responsible for compliance with any copyright, patent or trademark restrictions and are referred to the copyright, patent or trademark notices appearing in the original sources, all of which are hereby incorporated by reference. For more information, you can access the License Agreement for Use of the UMLS^® Metathesaurus^® on the NLM Web site.

Our MediCompass application combines the metathesaurus of iMetrikus and SNOMED Clinical Terms^® (SNOMED CT^®), which is used by permission of the International Health Terminology Standards Development Organization (IHTSDO). All rights reserved. SNOMED CT^® was originally created by The College of American Pathologists. “SNOMED” and “SNOMED CT” are registered trademarks of the IHTSDO.

The trademarks, service marks, trade names, trade dress, patents and copyrights featured on this Site, including iMetrikus^®, MediCompass^®, MediCompass^® Pro, MetrikLink^®, MetrikLink^® Pro, AirWatch^®, and TherametricsChannel^® are owned by iMetrikus in the United States and internationally. The trademarks, service marks, trade names, trade dress and products featured on this Site are protected by laws in the United States and internationally.

This Site is the copyrighted property of iMetrikus, and/or its various third party providers and distributors, and is protected by U.S. Copyright laws and other laws including international treaties. Much of the content found on this Site is owned by third party providers and distributors. You may download content only for your personal use for noncommercial purposes, but no modification or further reproduction of the content is permitted. The content may otherwise not be copied, disseminated or used in any other way. 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.

No portion of this Site, including but not limited to any iMetrikus channel, structure, text, graphics, designs, algorithms, object code, source code, creative concepts or results may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of iMetrikus, except to identify the products or services of the company or to reproduce limited excerpts of the data for personal use only, provided that each such copy contains the following copyright notice:

Last updated February 4, 2008