Dynamic Health Terms of Use

Last modified: November 7, 2017

Acceptance of the Terms of Use

Welcome to the website of Dynamic Health presented by EBSCO Publishing, Inc. ("Dynamic Health", "we" or "us"). By using or accessing any Dynamic Health product or service, including the Dynamic Health website (the "Website"), you agree to be bound and abide by the following Terms of Use (these "Terms of Use"). If you do not want to agree to these Terms of Use, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, including, without limitation, information on prescription drug products. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Dynamic Health, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Dynamic Health. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The information presented on or through the Website is intended for persons with adequate medical education and skills, specifically, (1) physicians and other competent healthcare professionals who will rely on their own discretion and judgment in medical diagnosis, clinical decisions and treatment, and (2) researchers who will not use the information for medical diagnosis. The information presented on the Website has been reviewed by licensed medical professionals with the purpose of providing you diagnostic tools and treatment options in conformance with the standards of professional practice at the time of publication. However, the Website is not intended for and should not be used as a substitute for the advice of a physician or other health care professional and any patient management decisions should be made by competent health care professionals using their own judgment, experience and, when necessary, definitive sources of information, as well as their individual assessment of each patient and his or her unique circumstances. Furthermore, you are advised to review all product information sheets included in the package of each drug you plan to prescribe or administer as drug-related information on the Website may be incomplete and/or outdated.

We disclaim all liability and responsibility arising from any Uploaded Content.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy http://support.ebscohost.com/ehost/privacy.html and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Dynamic Health, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use grant you a non-exclusive, non-transferable and non-sublicensable license during the Term, to use and access the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: dynamichealth@ebsco.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Dynamic Health. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You have been granted a license to use and access the Website for a specific limited period of time (i.e. the subscription period for which you have agreed to pay fees). At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you have renewed your subscription. Dynamic Health may embed technology in the Website causing it to become inaccessible after your subscription term.

User Content Uploads

Dynamic Health may allow you to upload content that may include information, images, text, audio, video or other content (“Uploaded Content”) available to users associated with your affiliated institution’s account only. All Uploaded Content must comply with the content standards set out in these Terms of Use.

You retain ownership of the Uploaded Content that you submit to Dynamic Health. By submitting the Uploaded Content you grant Dynamic Health a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable right and license to play, distribute, and otherwise disclose the Uploaded Content to all users associated with your affiliated institution’s account.

You may not include Uploaded Content that infringes the copyright, trademark or any other intellectual property rights of a third party nor may you include any Uploaded Content that violates the law, this Agreement or any third party’s rights. By submitting Uploaded Content, you represent and warrant that you own or control all rights in and to the Uploaded Content, including the right to distribute and reproduce the Uploaded Content and the right to grant the license granted above to us. You are solely responsible for creating backup copies of any Uploaded Content. You are solely responsible for the Uploaded Content and you may not submit any Uploaded Content that promotes illegal activities, promotes information that you know is false or misleading, includes offensive language or images, promotes an illegal or unauthorized copy of a third party’s copyrighted work, solicits personal information or passwords from other users for commercial or unlawful purposes, or any other prohibited purpose in Dynamic Health’s reasonable judgment. Dynamic Health may reject, refuse to post, or otherwise monitor any Uploaded Content that it, in its sole discretion, deems to be in violation of this Agreement, infringes the rights of a third party, or subjects Dynamic Health to any expense or liability. You acknowledge and agree that Dynamic Health shall have no liability for any action or inaction by Dynamic Health with respect to your Uploaded Content.

Trademarks

The Dynamic Health name, , Dynamic Health's logo and all related names, logos, product and service names, designs and slogans are trademarks of Dynamic Health or its affiliates or licensors. You must not use such marks without the prior written permission of Dynamic Health. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You are advised to use the most up-to-date version of the Website as updates may be made to reflect changes in medical standards and practices.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the Terms of Use of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DYNAMIC HEALTH NOR ANY PERSON ASSOCIATED WITH DYNAMIC HEALTH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DYNAMIC HEALTH NOR ANYONE ASSOCIATED WITH DYNAMIC HEALTH REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

DYNAMIC HEALTH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL DYNAMIC HEALTH, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEALTH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Dynamic Health, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to: (i) any use of the Website's content, services and products other than as expressly authorized in these Terms of Use; (ii) your use of any information obtained from the Website; or (iii) any of the Uploaded Content you submit, upload or post to Dynamic Health.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Ipswich and County of Essex although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The owner of the Website is based in the Commonwealth of Massachusetts in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Restriction on Transfer

You may not sublicense, assign, sell, share, rent, lease or otherwise transfer your right to use the Website (including your username and password) whether by merger, operation of law or otherwise.

Waiver and Severability

No waiver of by Dynamic Health of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Dynamic Health to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

f any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Dynamic Health with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.