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eDoctoring Terms of Use

By using this Service (as defined below), you agree to the following Terms of Use, which constitute an agreement between you and the respective owners and operators of the eDoctoring professional Web site. We may change these terms from time to time. You will always be able to view the most current version by clicking on a link at the bottom of the home page on this site. By using this Service, you agree to these Terms of Use. If you do not agree to all of these Terms of Use, do not use this Service!

Scope of these Terms of Use

eDoctoring provide users with access to a wide variety of resources including, but not limited to, articles, reference tools, and continuing education for healthcare professionals (collectively, the "Service"). The Service is intended for physicians and other healthcare professionals.

Reference to "eDoctoring" means The Regents of the University of California and the University of Newcastle Upon Tyne.

Liability

Please remember that all of the information available through the Service is intended for adults who are healthcare professionals. While we hope you find the Service helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. eDoctoring does not provide medical advice. We do not offer you any warranty or guarantee related to the Service that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and noninfringement. It's your job to evaluate the information and results from the Service we provide. You should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Service with other sources before undertaking any treatment based on it.

The use of the Service is at your own risk and the Service and the content are provided on as "AS IS" basis. Some information made available through the Service may be provided by operators of other Web sites. eDoctoring is not responsible for that information. Whether the information is provided by us or our licensors, neither we nor our licensors are liable for any damages resulting from your use of the information made available through the Service. Although we are selective about the organizations we link to from our Web site, we don't assume any responsibility for any Web sites that are linked to or from the Service. While we welcome your feedback regarding the Service, we must make the final decisions about the content made available through the Service. If you are dissatisfied with the response you receive or with the content of the Service, your only remedy is to stop using the Service.

Proprietary Rights

You acknowledge and agree that the Service and information, content and software presented to you through the Service or used in connection with the Service contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Service of any information presented to you through the Service, in whole or in part.

You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

Linking to Us

Usually, we don't mind if you include a simple link from your Web site to the Service. However, you must first ask our permission if you intend to frame our site or incorporate pieces of it into a different site or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.

Passwords

We offer to our users several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur under your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Service, or your or third parties' use or misuse of information transmitted or received using the Service.

U.S. Government End Users

If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Web Sites are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.

Laws that Govern this Agreement

eDoctoring controls those components of the Service made available through their respective Web sites from their offices within the state of California in the United States of America. The Service can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Service may differ, by accessing the Service, you and eDoctoring agree that the statutes and laws of the state of California, without regard to choice of laws principles, will apply to all matters relating to use of the Service. 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. eDoctoring makes no representation that materials made available through the Service are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Proprietary Rights, Indemnity, Laws that Govern this Agreement and Consequences.

Acceptance Procedure

By accessing materials through the Service or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of the Service constitutes your acceptance of and agreement to any changed terms and conditions.

Consequences

We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold eDoctoring harmless against any liability for that harm.

Termination and Modification

You agree that eDoctoring may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Service (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Service with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause shall be made in the sole discretion of eDoctoring and that eDoctoring shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Indemnity

You agree to defend, indemnify, and hold eDoctoring, its various officers, directors, employees, agents, licensors, and suppliers, 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 violation of these Terms of Use.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the Web site, these Terms of Use constitute the entire agreement between you and eDoctoring with respect to your use (and prior use) of the Service.

Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to copyright@ucdavis.edu, re: T11-015, eDoctoring.

Revision date: These Terms of Use were last updated on May 6, 2011

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