Health Library Terms and Conditions of Use

Terms and Conditions of Use

The EBSCO Publishing Health Library Site is an Internet-based source of health care information for health conscious consumers, patients, and professionals. This site and its information are not intended to be a substitute for professional medical advice. Your use of the EBSCO Publishing Health Library Site, though, is limited in important ways as outlined in the following Terms and Conditions of Use ("Agreement"). Please read them carefully. By using the EBSCO Publishing Health Library Site, you agree to the following Terms and Conditions of Use.

Use of Material

The material included on the EBSCO Publishing Health Library Site is protected by copyright. EBSCO Publishing allows you to:

1. Search and view information available through the EBSCO Publishing Health Library Site;

2. Download and make limited printouts of the information you view for your own use. You must keep all copyright and other proprietary notices on any copies that you make; and

3. Use the search tools and other services provided on the EBSCO Publishing Health Library Site.

Your use of the material on EBSCO Publishing Health Library Site is limited in a number of ways. For example, the only commercial use for which you may use, download or printout material contained on the EBSCO Publishing Health Library Site is for internal research purposes. Any other commercial use, such as reselling access or creating course packs or posting information on another Web site, is prohibited. You may not redistribute, retransmit, or publish any copyrighted material downloaded from the EBSCO Publishing Health Library Site without written permission from EBSCO Publishing or the copyright owner. Your right to use the material terminates immediately, without any further action by EBSCO Publishing, if you breach any of the terms of this Agreement.

EBSCO Publishing is the owner or the licensee of all rights in the EBSCO Publishing Health Library Site, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement. "EBSCO Publishing" and the logos or other proprietary marks of EBSCO Publishing's licensors and partners are trademarks of EBSCO Publishing or its licensors and partners. No right, title or interest in those trademarks is granted you in this Agreement.

Misuse of the material in any manner that is contrary to any applicable law, will result in EBSCO Publishing notifying legal and/or regulatory authorities.

Any links with other web sites, or references to third parties should not be construed as an endorsement of such third parties’ products or services.

What You Agree to Do

In exercising the limited rights granted you under this Agreement, you agree to:

1. Comply with all notices posted on the EBSCO Publishing Health Library Site limiting the use, reproduction, or dissemination of certain communications and materials available on the EBSCO Publishing Health Library Site.

2. To make only a limited number of hard copies of any search output that does not contain more than an insignificant portion of the article.

3. Keep all copyright and other notices associated with such material on each copy.

What You Agree Not to Do

In exercising the limited rights granted you under this Agreement, you agree to not:

1. Frame all or part of the EBSCO Publishing Health Library Site.

2. Change or delete any proprietary notices from materials downloaded or printed out from the EBSCO Publishing Health Library Site.

3. Systemically download or print out materials from the EBSCO Publishing Health Library Site.

4. Transmit or provide any data from the EBSCO Publishing Health Library Site to a third party

5. Make the material available through any means or media other than as shown on the EBSCO Publishing Health Library Site.

6. Modify, publish, transmit, transfer, sell, reproduce, create derivatives of or collective works from, or in any way exploit, the material.

7. Use the EBSCO Publishing Health Library Site in a manner contrary to any applicable law.

Medical Information and Minors

The information on EBSCO Publishing's sites is specifically not intended to be used by minors under the age of 13. EBSCO Publishing and the members of the EBSCO Publishing Network encourage parents to discuss the value of healthcare information with their children. If EBSCO Publishing learns information about a specific minor, EBSCO Publishing will not share that information with anyone. The EBSCO Publishing Health Library Site is not intended to attract children under the age of 13. We do not collect personal information from any person we know is under the age of 13. Because EBSCO Publishing does not have the ability to learn the age of a visitor, we are unable to restrict access to information that may be unsettling to some minors. Parents and guardians are solely responsible for providing supervision of minors’ use of the EBSCO Publishing Health Library Site. If parents or guardians have questions about our site, our Network, our privacy policy or our Terms and Conditions of Use, they are encouraged to ask us.

You Should Not Substitute Information on the Health Library Site for Professional Advice

The information, communications, and materials available on the EBSCO Publishing Health Library Site (including sites operated by our business partners) are provided to you solely for educational or research purposes. Information, communications and materials available on the EBSCO Publishing Health Library Site is not and should not be considered professional health care advice. You should not assume that information on a particular topic is complete. While the content provided through the EBSCO Publishing Health Library Site is updated frequently, health care information changes rapidly and consequently some information on the EBSCO Publishing Health Library Site may be slightly out of date or, in the case of certain content sources, historic in nature. You therefore should not substitute information contained on the EBSCO Publishing Health Library Site for consultation with qualified health care professionals; nor should you rely solely on information contained on the EBSCO Publishing Health Library Site in rendering a diagnosis or considering a course of treatment.

EBSCO Publishing offers the Health Risk Assessment and Personal Health Manager tools through a partnership with WellMed. Before using these tools, EBSCO Publishing strongly recommends reading WellMed’s description of “What is the Personal Health Manager?” and “How do I use the service?” located in the “Preview” section of the welcome page. This will give you a better understanding of how the tools work. In addition, you should read WellMed’s Privacy Policy.

EBSCO Publishing Is Not Engaged in the Practice of Medicine

The EBSCO Publishing Site is designed to promote education regarding and concerning health care information. EBSCO Publishing expressly disclaims any and all responsibility for any consequences related, directly or indirectly, to any use, misuse or interpretation of the EBSCO Publishing Health Library Site or any other information provided or omitted in connection therewith and you agree to indemnify, defend and hold harmless EBSCO Publishing therefrom. EBSCO Publishing shall not be deemed to be engaged in the corporate practice of medicine as a consequence of providing the EBSCO Publishing Health Library Site.

THE EBSCO PUBLISHING HEALTH LIBRARY SITE PROVIDED AS IS

EBSCO Publishing does not represent or warrant that any service or content provided will perform as expected or error-free. Further, EBSCO Publishing is not responsible for the actions of any other party who uses the EBSCO Publishing Health Library Site.

Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE EBSCO PUBLISHING SITE ARE PROVIDED AS IS AND AS AVAILABLE. EBSCO PUBLISHGIN MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, EBSCO PUBLISHING DISCLAIMS ANY WARRANTY THAT THE EBSCO PUBLISHING SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. EBSCO PUBLISHING AND ITS INFORMATION PROVIDERS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED ON THE EBSCO PUBLISHING SITE.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE EBSCO PUBLISHING HEALTH LIBRARY SITE

You agree to be solely responsible for your use of the EBSCO Publishing Health Library Site.

EBSCO PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE EBSCO PUBLISHING HEALTH LIBRARY SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EBSCO PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE EBSCO PUBLISHING HEALTH LIBRARY SITE. IN NO EVENT SHALL EBSCO PUBLISHING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS' LIABILITY TO YOU EXCEED US $10.00. THE LIMITATIONS STATED IN THIS SECTION SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.

THE LIMITATIONS STATED IN THIS SECTION SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.

EBSCO Publishing is Not Responsible For Any Links To Or From Other Sites

The EBSCO Publishing Health Library Site may contain links to other Web sites operated by third parties, and other Web sites may provide links to the EBSCO Publishing Health Library Site. Such links are provided for your convenience only. Whenever EBSCO Publishing has a financial relationship with a third party’s site, the relationship is disclosed to users at the time of the transaction. EBSCO Publishing does not control these other sites and assumes no liability or responsibility for them, including any content or services provided to you by such site. You should not consider any link to or from a third party site as an endorsement of any such site by EBSCO Publishing unless EBSCO Publishing expressly states so.

You Agree that EBSCO Publishing May Share Certain Information About You

You agree that EBSCO Publishing may share with other parties aggregate information gathered during your use of the EBSCO Publishing Health Library Site or the Internet. These third parties may include our information partners, or the companies, organizations and professional societies that supply us the medical information that you access and the applicable members of the EBSCO Publishing Network. The EBSCO Publishing Network consists of those hospitals and other Web sites with which EBSCO Publishing has an agreement to provide content. For example, if you visit us from one of the hospitals to which we supply content, we will aggregate the data about what information you used while on the site with other visitors from that site and supply it to the sponsoring hospital. EBSCO Publishing may also study aggregate data from the entire EBSCO Publishing Network in order to enhance existing services or develop new services. EBSCO Publishing will not disclose any individually identifiable information to a third party without your express prior written authorization. Aggregate information is information that describes the habits, usage patterns of users of the EBSCO Publishing Health Library Site or the Internet as a group without indicating the identity of particular users.

You also agree that, should you elect to supply it, EBSCO Publishing may use your name and email address to communicate with you. When you send e-mail to features such as “Support”, we reasonably expect to receive the e-mail. However, due to the volume of questions we receive, we are unable to answer them all. The senders’ e-mail addresses sent are not stored any longer than 30 days and we do not use identifying personal information for any other purpose although it may be included in anonymous, aggregated statistical information.

This Agreement is governed by Massachusetts' Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States of America. If any provision of these Terms and Conditions of Use are deemed to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this document and shall not affect the validity and enforceability of any remaining provisions.

You Agree to Arbitrate Any Dispute Between Us

You agree that any dispute, controversy or claim arising out of or related to these Terms and Conditions of Use, or your use of the EBSCO Publishing Health Library Site, will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Boston , Massachusetts , United States of America . Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any Action Against EBSCO Publishing Must be Brought in Boston, Massachusetts

You agree that the state or federal courts located in Boston , Massachusetts , United States of America , shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or your use of the EBSCO Publishing Health Library Site. You waive any claim that a court located in Boston , Massachusetts , lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

Other Miscellaneous Provisions

No joint venture, partnership, employment or agency relationship exists between you and EBSCO Publishing as a result of these Terms and Conditions of Use, or your use of the EBSCO Publishing Health Library Site.

Those provisions outlined here that normally would survive after you cease using the EBSCO Publishing Health Library Site shall survive.

These Terms and Conditions of Use constitute the entire and only understanding between you and EBSCO Publishing. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the EBSCO Publishing Health Library Site, these Terms and Conditions of Use shall govern. No modification or attempted modification of these Terms and Conditions of Use by you shall be binding on EBSCO Publishing Health Library unless made in writing and physically signed by an authorized representative of EBSCO Publishing. EBSCO Publishing may modify these Terms and Conditions of Use at any time.

EBSCO Publishing
Attn. Customer Support
10 Estes St.
Ipswich , MA 01938

EBSCO Publishing may change this statement from time to time without notice

EBSCO Publishing’s failure to enforce any provision of these Terms and Conditions of Use shall not be deemed a waiver of that or any other provision of these Terms and Conditions.

Your use of the EBSCO Publishing Health Library Site reflects your agreement to these Terms and Conditions of Use.

Thank you for using the EBSCO Publishing Health Library Site.

Last Reviewed by EBSCO Publishing Executive Management October 2006.