Terms and Conditions

The HealthGate Site is an Internet-based source of health care information for health conscious consumers, patients, and professionals. 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.

Your License to Use the HealthGate Site

Subject to the terms of this Agreement, HealthGate Data Corp. ("HealthGate"), grants you a limited, non-exclusive, non-transferable license to:
1. Search and view information available through the HealthGate Site;
2. Download and make limited printouts of the information you view; and
3. Use the search tools and other services provided on the HealthGate Site.

Your license 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 license terminates immediately, without any further action by HealthGate, if you breach any terms or conditions of this Agreement. You may not transfer or assign your license to any other party.

HealthGate is the owner or 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.

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; and

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. Use the HealthGate Site in a manner contrary to any applicable law.

You Should Not Substitute Information on the HealthGate Site for Professional Advice

The information, communications, and materials available on the HealthGate Site 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. Nor should you 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 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 HEALTHGATE

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. 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. 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. HealthGate will not disclose personally identifiable information about you to other parties without your permission except as required by law.

You also agree that, should you elect to supply it, HealthGate may use your name, email address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from our records. This information also will be disclosed to third parties if you purchase services or products from third parties through the HealthGate Site or if you request a third party to provide you with access to certain information and services transmitted electronically. However, HealthGate will not sell or otherwise provide this information to anyone other than as outlined in this paragraph. Finally, the HealthGate Site may use this information as necessary to enforce the terms or conditions of this Agreement.

Your Right to Use HealthGate Link May be Terminated at Any Time

Either you or HealthGate may terminate your right to use the HealthGate Site at any time for any reason upon notice. HealthGate reserves the right to terminate or suspend your HealthGate Site membership without prior notice, although HealthGate will confirm such termination or suspension by subsequent notice to you.

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, as such laws would apply to a contract fully negotiated, entered into, and performed in that state.

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 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

NNo joint venture, partnership, employment or agency relationship exists between you and HealthGate as a result of these Terms and Conditions 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 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 shall govern. No modification or attempted modification of these Terms and Conditions 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 at any time.

Notices sent to you by HealthGate in connection with this Agreement may be delivered to you by electronic mail, a general notice on the HealthGate Site, or by written communication delivered by first class U. S. mail to your address on record in the HealthGate Site's account information. You may give notice to HealthGate at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

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

These Terms and Conditions are severable to the extent any term is deemed invalid, illegal or unenforceable.

HealthGate's failure to enforce any provision of these Terms and Conditions 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.

Thank you for using the HealthGate Site.