HealthGate's Terms and Conditions of Use

Terms and Conditions of Use

The HealthGate 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 HealthGate 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 HealthGate Site, you agree to the following Terms and Conditions of Use.

Use of Material

The material included on the HealthGate Site is protected by copyright. HealthGate allows you to:

1. Search and view information available through the HealthGate 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 HealthGate Site.

Your use of the material on HealthGate's 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 HealthGate 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 HealthGate Site without written permission from HealthGate or the copyright owner. Your right to use the material terminates immediately, without any further action by HealthGate, if you breach any of the terms of this Agreement.

HealthGate is the owner or the licensee of all rights in the HealthGate Site, its content, software, and services. You have no right in such content, software or services not expressly granted in this Agreement. "HealthGate" and the logos or other proprietary marks of HealthGate's licensors and partners are trademarks of HealthGate 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 HealthGate 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 HealthGate Site limiting the use, reproduction, or dissemination of certain communications and materials available on the HealthGate 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 HealthGate Site.

2. Change or delete any proprietary notices from materials downloaded or printed out from the HealthGate Site.

3. Systemically download or print out materials from the HealthGate Site.

4. Transmit or provide any data from the HealthGate Site to a third party.

5. Make the material available through any means or media other than as shown on the HealthGate 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 HealthGate Site in a manner contrary to any applicable law.

Medical Information and Minors

The information on HealthGate's sites is specifically not intended to be used by minors under the age of 13. HealthGate and the members of the HealthGate Network encourage parents to discuss the value of healthcare information with their children. If HealthGate learns information about a specific minor, HealthGate will not share that information with anyone. The HealthGate 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 HealthGate 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 HealthGate 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 HealthGate Site for Professional Advice

The information, communications, and materials available on the HealthGate 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 HealthGate 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 HealthGate Site is updated frequently, health care information changes rapidly and consequently some information on the HealthGate 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 HealthGate Site for consultation with qualified health care professionals; nor should you rely solely on information contained on the HealthGate Site in rendering a diagnosis or considering a course of treatment.

HealthGate offers the Health Risk Assessment and Personal Health Manager tools through a partnership with WellMed. Before using these tools, HealthGate 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.

HealthGate Is Not Engaged in the Practice of Medicine

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

THE HEALTHGATE SITE IS PROVIDED AS IS

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

Therefore, SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE HEALTHGATE SITE ARE PROVIDED AS IS AND AS AVAILABLE. HEALTHGATE 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, HEALTHGATE DISCLAIMS ANY WARRANTY THAT THE HEALTHGATE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. HEALTHGATE 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 HEALTHGATE SITE.

YOU ARE RESPONSIBLE FOR YOUR USE OF THE HEALTHGATE SITE

You agree to be solely responsible for your use of the HealthGate Site.

HEALTHGATE, 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 HEALTHGATE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HEALTHGATE, 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 HEALTHGATE SITE. IN NO EVENT SHALL HEALTHGATE, 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.

HealthGate is Not Responsible For Any Links To Or From Other Sites

The HealthGate Site may contain links to other Web sites operated by third parties, and other Web sites may provide links to the HealthGate Site. Such links are provided for your convenience only. Whenever HealthGate has a financial relationship with a third party's site, the relationship is disclosed to users at the time of the transaction. HealthGate 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 HealthGate unless HealthGate expressly states so.

You Agree that HealthGate May Share Certain Information About You

You agree that HealthGate may share with other parties aggregate information gathered during your use of the HealthGate 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 HealthGate Network. The HealthGate Network consists of those hospitals and other Web sites with which HealthGate 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. HealthGate may also study aggregate data from the entire HealthGate Network in order to enhance existing services or develop new services. HealthGate 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 HealthGate Site or the Internet as a group without indicating the identity of particular users.

You also agree that, should you elect to supply it, HealthGate may use your name and e-mail 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 HealthGate 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 HealthGate 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 HealthGate 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 HealthGate as a result of these Terms and Conditions of Use, or your use of the HealthGate Site.

Those provisions outlined here that normally would survive after you cease using the HealthGate Site shall survive.

These Terms and Conditions of Use constitute the entire and only understanding between you and HealthGate. In the event of any conflict between these Terms and Conditions and any policy or statement regarding your use of the HealthGate 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 HealthGate unless made in writing and physically signed by an authorized representative of HealthGate. HealthGate may modify these Terms and Conditions of Use at any time.

HealthGate Data Corp.
Attn. Contracts Administrator
25 Corporate Drive, Suite 310
Burlington, MA 01803

HealthGate may change this statement from time to time without notice

HealthGate'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 HealthGate Site reflects your agreement to these Terms and Conditions of Use.

Thank you for using the HealthGate Site.

Last Reviewed by HealthGate Executive Management July 2004.