Terms of Subscription and License Agreement for AccessMedicine

All use of McGraw-Hill Education, LLC ("McGraw-Hill") AccessMedicine web pages (AccessMedicine includes "AccessMedicine," "Harrison's Online," "Hurst's The Heart," "LANGE Educational Library," and "CMDT Online" web pages) is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button", and using AccessMedicine, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" and "User" refer to the person who completed the registration process.

Click here for Terms of Use for Harrison's On Hand.

Definitions

AccessMedicine contains two types of content:

  • "AccessMedicine Owned Content" means information entered into AccessMedicine by McGraw-Hill's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by McGraw-Hill to contribute to AccessMedicine (collectively the "McGraw-Hill Designated Online Providers").
  • "Other Content" means any other information entered into AccessMedicine by Users or other persons.

Use of AccessMedicine

All of the AccessMedicine Owned content is either the property of McGraw-Hill or is licensed to McGraw-Hill and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw-Hill to protect McGraw-Hill's proprietary interests in AccessMedicine. During the term of your subscription to your selected AccessMedicine service(s) (Harrison's Online, Hurst's The Heart, LANGE Educational Library, CURRENT Medical Diagnosis & Treatment, Tintinalli's Emergency Medicine, Fitzpatrick Color Atlas, Williams Obstetrics, Goodman & Gilman Pharmacology), McGraw-Hill hereby grants you a non-exclusive, non-transferable license to access and use your selected AccessMedicine service(s) for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access the AccessMedicine service(s) using the User's screen name and password. You may display, download, or print out, for your own research or study only, materials from AccessMedicine; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from AccessMedicine or modify or remove any proprietary notices contained therein, or create derivative works based on materials from AccessMedicine. You may not engage in systematic retrieval of Content from the AccessMedicine to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from McGraw-Hill. You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal information from AccessMedicine; or (iii) cause disruption to the operation of AccessMedicine. McGraw-Hill reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of AccessMedicine. The User may not disseminate any portion of AccessMedicine through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User's access to, or use of, AccessMedicine.

Other Content

The User grants to McGraw-Hill the perpetual, non-exclusive right to use all material entered into AccessMedicine by the User (other than third-party material transmitted through private electronic mail) in any of McGraw-Hill's print or electronic publications.

Users entering material into AccessMedicine are responsible for the content of that material. Neither McGraw-Hill nor the McGraw-Hill Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from AccessMedicine. However, McGraw-Hill retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which McGraw-Hill deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through AccessMedicine which is promotional in nature, including solicitations for funds or business, without the prior written authorization of McGraw-Hill.

The User agrees to indemnify McGraw-Hill and the McGraw-Hill Designated Online Providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill, its affiliates, employees and the McGraw-Hill Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; or (ii) material entered into AccessMedicine with the use of the User's screen name or password. McGraw-Hill reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill or the McGraw-Hill Designated Online Providers.

No Warranties/Limitations on Liability

ACCESSMEDICINE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING ACCESSMEDICINE, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH ACCESSMEDICINE.

MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUR KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. MCGRAW-HILL AND THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE POSSIBILITY OF HUMAN ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN ACCESSMEDICINE IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN ACCESSMEDICINE WITH OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN THAT THE INFORMATION CONTAINED IN ACCESSMEDICINE IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

IN NO EVENT WILL MCGRAW-HILL OR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF ACCESSMEDICINE. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST MCGRAW-HILL OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF ACCESSMEDICINE SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO MCGRAW-HILL FOR USE OF ACCESSMEDICINE DURING THE PREVIOUS TWELVE (12) MONTHS.

Registration

As part of the registration process, you must select a screen name and password. You will keep you User name and password confidential. You are responsible to promptly notify McGraw-Hill of any disclosure or unauthorized use of you User name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending email to OnlineCustomer_Service@mcgraw-hill.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify McGraw-Hill within thirty (30) days of any other changes in your registration data.

Privacy Policy

McGraw-Hill may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from McGraw-Hill Education, LLC which may be of interest to you. In addition, McGraw-Hill may provide aggregated, anonymous statistical information about AccessMedicine users to other persons, including potential advertising clients. For detailed information, please click the McGraw-Hill Customer Privacy Policy link at the bottom of any screen of AccessMedicine.

Term and Termination



This Agreement will continue and renew automatically unless terminated by McGraw-Hill, as provided for in this Agreement, or you fail to respond to the renewal notice from McGraw-Hill and do not renew your subscription.

McGraw-Hill reserves the right to change the terms of this Agreement by providing notice in AccessMedicine or, at McGraw-Hill's option, directly to users via electronic mail or conventional mail. Use of AccessMedicine following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.

McGraw-Hill may discontinue or change AccessMedicine, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, McGraw-Hill reserves the right in its sole discretion to suspend or terminate your access to AccessMedicine immediately without notice, in addition to any other available remedies.

Fees and Payments

Your annual subscription fee for your selected AccessMedicine service(s) must be fully paid before you will be provided access to the AccessMedicine service(s).

You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of your selected AccessMedicine service. User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable. McGraw-Hill may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the McGraw-Hill annual renewal notice which you will receive prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.

General

This Agreement constitutes the entire agreement between the User and McGraw-Hill relating to AccessMedicine and supersedes any and all other agreements, oral or in writing, with respect to AccessMedicine. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw-Hill to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.




Terms of Subscription to Harrison's Online and Harrison's On Hand and License Agreement

All use of McGraw-Hill Education, LLC ("McGraw-Hill") Harrison's Online and Harrison's On Hand web pages is subject to the terms and conditions set forth below. By completing the registration process, subscribing to the Harrison's Online and Harrison's On Hand services (collectively, "HOH" or the "Service"), clicking the User Agreement acceptance "I Agree" button at the end of this Agreement, and using HOH, you represent that you are 18 years old or older, are legally bound by this Agreement and agree to abide by the following terms and conditions. If you do not agree with the terms of this Agreement, please click the "I Do Not Agree" button below. The terms "you" and "User" refer to the person who completed the registration process.


Definitions

HOH contains two types of content:
  • "Harrison's Online Owned and Licensed Content" means information entered into Harrison's Online and/or Harrison's On Hand by McGraw-Hill's employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by McGraw-Hill to contribute to HOH or who licensed materials or content for use and distribution on the Service (collectively, the "McGraw-Hill Designated Online Providers").
  • "Other Content" means any other information entered into HOH by Users or other persons.



Use of the Service:

All of the Harrison's Online Owned and Licensed Content is either the property of McGraw-Hill or is licensed to McGraw-Hill and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by McGraw-Hill to protect McGraw-Hill's and its licensor's proprietary interests in HOH or the content thereon. During the term of your subscription the Service and subject to payment of the requisite fees, McGraw-Hill hereby grants you a limited, non-exclusive, non-transferable license to access and use the Service for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access the HOH Service using the User's screen name and password. You may display and access or print out or download isolated materials from HOH solely for your own research or study; you may not otherwise copy, transmit, rent, lend, sell, assign, export or modify any materials from or on HOH or modify or remove any proprietary notices contained therein, or create derivative works based on materials from HOH.

This Agreement also governs your use of Unbound Medicine Inc.'s CogniQ(tm) Handheld application and PC Conduit ("Software"), the Unbound web site www.unboundmedicine.com (the "Unbound Site") and other related web sites, including, without limitation, the use of all content such as text, information, images, and audio, and the comprehensive suite of integrated tools, programs, Software, databases, helpers and other related items related to such Software or Unbound Site (collectively referred to as the "Unbound Materials") in connection with your access and use of Harrison's On Hand. Subject to the terms of this Agreement, Unbound grants to you a limited, non-exclusive, nontransferable license to download and install the Software to access and use the Service. You may not rent, lease, sell, sublicense, assign, export or otherwise transfer, or allow others to use the Software or Unbound Materials, technology or other information, including any printed materials of the same, nor may you create derivative works of or otherwise modify the same.

You agree to access and use the Service in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Service for any illegal or wrongful purposes. This license will automatically terminate if you do not comply with the terms of this Agreement.

You agree not to resell the Service or use of or access to the Service. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service. You agree to use reasonable efforts to keep persons with access to the Service from using it for the development, stockpiling or deployment of chemical or biological weapons; if you cannot accept this constraint, or if any military application is anticipated, a special license agreement, approved by the U.S. Department of Commerce, will be required in addition to this Agreement.

McGraw-Hill reserves the right to terminate the User's subscription at any time if the User downloads or prints out a substantial portion of the Service. The User may not disseminate any portion of the Service through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User's access to, or use of, the Service.


Other Content

The User grants to McGraw-Hill the perpetual, non-exclusive right to use all material entered into the Service by the User (other than third-party material transmitted through private electronic mail) in any of McGraw-Hill's print or electronic publications.

Users entering material into the Service are responsible for the content of that material. Neither McGraw-Hill nor the McGraw-Hill Designated Online Providers have any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Service. However, McGraw-Hill retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which McGraw-Hill deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through the Service which is promotional in nature, including solicitations for funds or business, without the prior written authorization of McGraw-Hill.


User Indemnification

The User agrees to indemnify McGraw-Hill and the McGraw-Hill Designated Online Providers (including without limitation Unbound Medicine and its licensors) from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill, its affiliates, employees and the McGraw-Hill Designated Online Providers may incur as a result of either: (i) the User's violation of this Agreement; (ii) material entered into the Service with the use of the User's screen name or password; (iii) or otherwise due to or arising out of your use of the Service or any violation of any rights of another. McGraw-Hill reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill or the McGraw-Hill Designated Online Providers.


Export

You may not download or otherwise export or re-export any underlying Software, technology or other information from the Service except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's or State Department's Table of Denial Orders. You agree to indemnify and hold harmless and defend McGraw-Hill and the McGraw-Hill Designated Online Providers against any and all liability arising from or relating to your breach of this section


Updates, Revisions and Technical Support

McGraw-Hill has the right, but not the obligation, to modify, revise or update the Service, but revisions or updates, as well as any technical support if offered for the Service, will be provided to Subscriber only if a properly signed license agreement has been returned by Subscriber and is on file and Subscriber has paid all applicable fees. McGraw-Hill shall have no obligation to provide you with any maintenance or support relating to the Service.


Links

McGraw-Hill may provide, or third parties may provide, links to other World Wide Web sites or resources. McGraw-Hill does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that McGraw-Hill shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.


AccessMedicine Image and PowerPoint Usage Guidelines

AccessMedicine users may display, download, or print out PowerPoint slides and images associated with the site for personal and educational use only. Educational use refers to classroom teaching, lectures, presentations, rounds, and other instructional activities, such as displaying, linking to, downloading, printing and making and distributing multiple copies of said isolated materials in both print and electronic format. Users will only display, distribute, or otherwise make such PowerPoint slides and images from the applicable AccessMedicine materials available to students or other persons attending in-person presentations, lectures, rounds or other similar instructional activities presented or given by User.

Commercial use of the PowerPoint slides and images are not permitted under this agreement. Users may modify the content of downloaded PowerPoint slides only for educational (non-commercial) use, however the source and attribution may not be modified. Users may not otherwise copy, print, transmit, rent, lend, sell or modify any images from AccessMedicine or modify or remove any proprietary notices contained therein, or create derivative works based on materials therefrom. They also many not disseminate any portion of the applicable AccessMedicine site subscribed to hereunder through electronic means except as outlined above, including mail lists or electronic bulletin boards.


No Warranties/Disclaimers/Limitations on Liability

THE SERVICE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE SERVICE, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUR KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN THE SERVICE IS ACCURATE OR COMPLETE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR THE SERVICE. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE SERVICE WITH OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN THAT, AMONG OTHER THINGS, THE INFORMATION CONTAINED IN THE SERVICE IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS. NEITHER MCGRAW-HILL NOR THE MCGRAW-HILL DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.

THE SERVICE MAY CONTAIN KNOWLEDGE BASES THAT INCLUDE A SIGNIFICANT NUMBER OF COMMON DISEASES AS WELL AS SOME RARE DISEASES, BUT SHOULD NOT BE CONSIDERED COMPLETE DUE TO A NUMBER OF POSSIBLE CAUSES, INCLUDING BUT NOT LIMITED TO: A LACK OF COMPLETE COVERAGE OF ALL SIGNS; SYMPTOMS AND LABORATORY TESTS AND ALL POSSIBLE DISEASE ENTITIES; THE INABILITY OF THE SERVICE TO ACCEPT THE USER'S DESCRIPTION OF SIGNIFICANT CLINICAL FINDINGS; THE FAILURE OF THE SERVICE TO CONSIDER THE UNDERLYING RELATION BETWEEN THE CLINICAL MANIFESTATIONS AND THE DISEASE ENTITIES; THE INADEQUACY OF THE SERVICE TO COPE WITH ALL OF THE VARIATIONS IN THE WAY THAT A DISEASE CAN PRESENT AS A RESULT OF DIFFERENT DISEASE SEVERITY; THE PRESENCE OF A SECOND INTERACTING DISEASE; THE FAILURE TO INCLUDE THE APPROPRIATE RELATIONSHIPS BETWEEN THE CLINICAL MANIFESTATIONS AND THE DISEASE ENTITY; OR COMPUTER OR HUMAN ERROR. BECAUSE OF THESE FACTORS, IT IS IMPORTANT THAT THE SERVICE BE USED ONLY AS A REFERENCE TOOL, SIMILAR TO THE USE OF A TEXTBOOK OR A JOURNAL ARTICLE, AND THAT THE SERVICE NOT BE USED AS A SUBSTITUTE FOR PHYSICIAN OR NURSE PRACTITIONER DIAGNOSTIC DECISION MAKING. THE RESPONSIBILITY FOR DECISIONS REGARDING ACTUAL PATIENT CARE RESTS SOLELY WITH THE PHYSICIAN OR NURSE PRACTITIONER TREATING A PATIENT. THE SERVICE IS NOT INTENDED TO PROVIDE THE "RIGHT ANSWER" OR TO GIVE DEFINITIVE MEDICAL CONSULTATION, ADVICE OR DIAGNOSIS. THE SERVICE IS A MEDICAL REFERENCE, AND SHALL NOT BE USED AS A DIAGNOSTIC DECISION MAKING SYSTEM AND MUST NOT BE USED TO REPLACE OR OVERRULE A PHYSICIAN'S JUDGMENT OR A PHYSICIAN'S DIAGNOSIS.

YOU UNDERSTAND AND AGREE THAT MCGRAW-HILL AND ITS MCGRAW-HILL DESIGNATED ONLINE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSESQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO: (i) YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DATA, INFORMATION OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR altERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. MCGRAW-HILL'S AND/OR ITS MCGRAW-HILL DESIGNATED ONLINE PROVIDERS' TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, WILL NOT EXCEED THE UNUSED PORTION OF FEES PAID FOR THE SERVICE. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, MCGRAW-HILL AND/OR ITS MCGRAW-HILL DESIGNATED ONLINE PROVIDERS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND MCGRAW-HILL AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND MCGRAW-HILL AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, MCGRAW-HILL CHARGE YOU TO USE THE SERVICE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, MCGRAW-HILL WOULD NOT PROVIDE THE SERVICE TO YOU.


Registration Information and User Name

In consideration for your access to and use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as required by the Service's registration materials (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide Registration Data that is untrue, inaccurate, not current or incomplete, or McGraw-Hill has reason to believe the same, McGraw-Hill has the right to suspend or terminate your account and refuse to provide you with access to and use of the Service.

As part of the registration process, you must select a screen name and password. You will keep you User name and password confidential. You are responsible to promptly notify McGraw-Hill of any disclosure or unauthorized use of you User name and password by calling 1-888-307-5984 (U.S.) or 1-614-759-3663 (from outside the U.S.) or sending email to OnlineCustomer_Service@mcgraw-hill.com. You will be assigned a new User name and password. You may be liable for any damages which occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify McGraw-Hill within thirty (30) days of any other changes in your registration data.


Privacy Policy

McGraw-Hill may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from McGraw-Hill Education, LLC which may be of interest to you. In addition, McGraw-Hill may provide aggregated, anonymous statistical information about the Service users to other persons, including potential advertising clients. For detailed information, please click the McGraw-Hill Customer Privacy Policy link at the bottom of the home page of the Service.


Term and Termination

This Agreement will continue and renew automatically unless terminated by McGraw-Hill, as provided for in this Agreement, or you fail to respond to the renewal notice from McGraw-Hill and do not renew your subscription.

McGraw-Hill reserves the right to change the terms of this Agreement by providing notice in the Service or, at McGraw-Hill's option, directly to users via electronic mail or conventional mail. Use of the Service following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.

McGraw-Hill may discontinue or change the Service, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, McGraw-Hill reserves the right in its sole discretion to suspend or terminate your access to the Service immediately without notice, in addition to any other available remedies.


Fees and Payments

Your subscription fee for the Service must be fully paid before you will be provided access to the Service.

You agree to pay all fees and charges incurred in connection with your User name and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of Service. User fees will be billed automatically to your credit card at the start of each subscription period. Fees and charges are non-refundable. McGraw-Hill may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the McGraw-Hill annual renewal notice which you will receive prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.


General

This Agreement constitutes the entire agreement between the User and McGraw-Hill relating to the Service and supersedes any and all other agreements, oral or in writing, with respect to the Service. This Agreement may be modified only by a writing signed by both parties. The failure of McGraw-Hill to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.

Reference Drug Dataset Licensed

The product is intended to serve the user as a rapidly accessible, concise initial reference resource and not as a complete reference resource. It does not include information concerning every therapeutic agent, laboratory or diagnostic test or procedure available. The product is clinically oriented and is intended to be used only by licensees who are: (1) researchers who will not use the information for medical diagnosis or treatment, and (2) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis and treatment.

Neither McGraw-Hill nor its third party providers directly or indirectly practice medicine or dispense medical services and, as such, assumes no liability for data contained herein. The licensee assumes full responsibility for the appropriate use of medical information contained in the product and agrees to hold McGraw-Hill and its third party providers harmless from any and all claims or actions arising from licensee's use of the product.

McGraw-Hill, and its third party providers deliver in "AS IS" CONDITION WITH NO WARRANTY PROVIDED OR ASSUMED, this Database, and documentation describing it. THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH McGraw-Hill AND ITS THIRD PARTY PROVIDERS DISCLAIM.
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