UpToDate, Inc. ("UpToDate" or "we") provides
the content posted on the UpToDate.com website and other
related websites (the "UpToDate Website") to you subject to the
following Terms of Use. When you use the UpToDate Website, you
agree to be bound by these Terms of Use. These Terms of Use incorporate
the UpToDate Privacy Policy posted on the UpToDate
Website, as well as the terms of any subscriber agreement that may exist
between you and UpToDate. To the extent there is a conflict
between these Terms of Use and your subscriber agreement, the terms of
your subscriber agreement will control your use of the UpToDate
Website. Please read these Terms of Use carefully. If you do not agree
with these Terms of Use, please do not use the UpToDate
Website.
The UpToDate Website
The UpToDate Website, including the text, graphics, and
software that appear on the UpToDate Website, is owned by or
licensed to UpToDate, and is subject to copyright and other
intellectual property rights under United States, foreign laws and
international conventions.
Users may not re-post UpToDate's content on other web
sites without the permission of UpToDate. User cannot re-sell UpToDate's
content to third parties, or prepare derivative works of UpToDate's
content.
Consumer Content
The UpToDate Website is designed to offer users general health information for
educational purposes only. The general health information furnished on this site is not
intended to replace personal consultation with a qualified health care professional.
You must always seek the advice of a professional for questions related to you disease,
disease symptoms, and appropriate therapeutic treatments. If you have or suspect
that you have a medical problem or condition, please contact a qualified health care
professional immediately. You should never disregard medical advice or delay
in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1.
UpToDate does not give medical advice, nor do we provide medical or diagnostic services.
Neither UpToDate nor any UpToDate Entity guarantees that the content covers all possible uses,
direction, precautions, drug interactions, or adverse effects that may be associated with any
therapeutic treatments. You may not rely on the application of any information on the UpToDate
Website as being applicable to your specific circumstances. Neither UpToDate nor any UpToDate
Entity assumes any liability or responsibility for damages or injury to you, other persons,
or property arising from any use of any information, idea, or instruction contained in the UpToDate Website.
Permission to reproduce UpToDate material
Permission to reproduce material from the UpToDate
service in another publication or web site must be secured in writing.
To request permission to reproduce material from UpToDate,
please submit your request in writing via e-mail, fax, or regular mail.
You may wish to include a copy of the material for which you are
requesting permission. Your permission request must include the
following information:
Title of the topic review or figure (figure titles can be
found in the outline of each topic review)
The title of the topic review in which a requested figure
appears
The format in which the material will be reproduced (e.g.
print, CD, Internet)
Title, publisher, author/editor, and publication date for the
publication in which the figure and/or topic review will be reproduced.
UpToDate encourages its users to print topic reviews and
graphics for personal, clinical, educational, or research use. Such
material should be printed directly from the UpToDate service
so that the copyright statement is visible and must be given free of
charge. Users may email individual topic reviews and graphics to others,
including patients and colleagues as permitted by the website's
functionality. Users may also link to www.uptodate.com,
www.patients.uptodate.com and/or specific UpToDate topic
reviews.
We reserve the right to limit or suspend your use of the UpToDate
Website, by electronic self-help or other means and without notice, if
we believe you have committed a breach of security or violated these
Terms of Use, subject only to any terms in your subscriber agreement, as
applicable.
UpToDate reserves all of its rights in the UpToDate
Website not expressly granted to you by these Terms of Use.
Subscriber Accounts
If you create a subscriber account for the UpToDate
Website, you agree to complete the registration process by providing
current, complete, and accurate information as required by UpToDate.
You are responsible for all activities that occur under your account.
You agree to notify UpToDate immediately of any unauthorized
use of your account or any other breach of security. UpToDate
will not be liable for any loss that you may incur as a result of
someone else using your account, either with or without your knowledge.
In addition, you may be held liable for any losses incurred by UpToDate
or another party due to someone else using your account. You may not use
anyone else's account at any time.
Privacy
These Terms of Use incorporate the entirety of the UpToDate
Privacy Policy (www.uptodate.com/home/about/policy/privacy) posted on
the UpToDate Website.
No Unlawful Use
You agree not to use the UpToDate Website for any
purpose that is unlawful or prohibited by these terms, or the terms of a
subscriber agreement you have with UpToDate, if applicable. You
may not use the UpToDate Website in any manner that could
damage, disable, overburden, or impair any UpToDate server, or
the network(s) connected to any UpToDate server, or interfere
with any other party's use and enjoyment of the UpToDate
Website. You may not attempt to gain unauthorized access to any portion
of the UpToDate Website, other accounts, computer systems, or
networks connected to any UpToDate server, through hacking,
password or data mining, or any other means. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available to you on the UpToDate Website.
No Warranties
NEITHER UPTODATE, NOR ANY PARENT, SUBSIDIARY, AFFILIATE,
DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR
RESELLER OF UPTODATE (COLLECTIVELY, THE "UPTODATE ENTITIES") MAKE ANY
WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
UPTODATE SERVICES, WHICH ARE PROVIDED "AS IS", OR WITH RESPECT TO THESE
TERMS OF USE. THE UPTODATE ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL
WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE
BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE
QUALITY, FUNCTION, AND PERFORMANCE OF THE UPTODATE WEBSITE.
Some states or other jurisdictions do not allow the exclusion of
implied warranties, so the above exclusions may not apply to you.
In addition, please note that the UpToDate Website may
include technical inaccuracies or typographical errors. UpToDate
has the right at any time to change, modify, add to, discontinue, or
retire any aspect or feature of the UpToDate Website,
including, but not limited to, hours of availability, equipment needed
for access or use, or the availability of the UpToDate Services
on any particular device or communications service. UpToDate
has no obligation to provide you with notice of any such changes, and UpToDate
is under no obligation to provide you with any support, error
corrections, updates, upgrades, bug fixes, and/or enhancements of the UpToDate
Website, except as provided by your subscriber agreement with UpToDate,
if applicable.
Limitation of Liability
IN NO EVENT WILL THE UPTODATE ENTITIES OR ANY OTHER PARTY WHO HAS
BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR
MARKETING OF THE UPTODATE WEBSITE OR THESE TERMS OF USE BE LIABLE TO YOU
OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS
OF DATA OR PROFITS, OR FOR INABILITY TO USE THE UPTODATE WEBSITE, EVEN
IF THE UPTODATE ENTITIES OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE
FULLEST EXTENT PERMITTED BY LAW.
Some states or other jurisdictions do not allow limitations on
how long an implied warranty lasts and some jurisdictions do not allow
the exclusion or limitation of special, indirect, incidental, exemplary,
or consequential damages, or the limitation of liability to specified
amounts, so the above limitation and exclusion may not apply to you if
prohibited by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless the UpToDate
Entities from all liabilities, claims, and expenses, including
attorneys' fees, that arise from your use of the UpToDate
Website. UpToDate reserves the right, at it own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will cooperate with UpToDate
in asserting any available defenses.
Modifications
UpToDate may modify these Terms of Use from time to time
and changes will be effective upon posting to the UpToDate
Website. You agree to be bound by any modification of these Terms of Use
when you use the UpToDate Website, effective after their
posting to the UpToDate Website. It is therefore important that
you review these Terms of Use regularly to ensure you are updated as to
any changes.
Claim of Copyright Infringement
UpToDate respects the intellectual property of others.
If you believe that your copyrighted work has been copied and is
accessible on the UpToDate Website in a way that constitutes
copyright infringement, pursuant to Title 17, United States Code,
Section 512(c)(2), you may send a notification of claimed copyright
infringement to UpToDate's designated agent along with the
following information:
the electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's behalf
a description of the copyrighted work that you claim has been
infringed and a description of the infringing activity
identification of the location where the original or an
authorized copy of the copyrighted work exists, for example the URL of
the website where it is posted or the name of the book in which it has
been published
identification of the URL or other specific location on this
site where the material that you claim is infringing is located; you
must include enough information to allow UpToDate to locate
the material
your name, address, telephone number, and email address
a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or
the law
a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or are authorized to act on the copyright owner's
behalf
UpToDate's designated agent for notice of claims of
copyright infringement on the UpToDate Website can be reached
as follows:
By mail:
Permissions UpToDate, Inc.
95 Sawyer Rd.
Waltham, MA 02453
Please note that this contact information is only for reporting
copyright infringement and any other inquiries reported through this
process will not be guaranteed a response.
Trademarks
All of the UpToDate trademarks are owned by UpToDate,
Inc. and may not be used for any purpose without the prior written
permission of UpToDate, Inc.
Terms of Use
