Terms of Service
Welcome to GIDEON online! When using the website and services (the “Services”) of GIDEON Informatics, Inc. (“GIDEON”), you agree to the terms and conditions contained in this document (“Terms of Service”). We may revise the Terms of Service from time to time, at our sole discretion and without notice to you, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
User Obligations. You agree not to do any of the following while using the Services:
- intentionally or unintentionally violate any applicable law or regulation;
- post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
- post or transmit any content that infringes a third party’s trademark, patent, trade secret, copyright, publicity, or privacy rights;
- access, tamper with or use non-public areas of the website, or GIDEON’s computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution;
- frame or link to the website except as permitted in writing by GIDEON; impersonate or misrepresent your affiliation with any person or entity. For example, you agree not to falsely represent that you are a copyright holder of a work or the agent of a copyright holder.
Links. The website may contain links to other websites or resources. You acknowledge and agree that GIDEON is not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, advertising, or products on or available from such websites or resources. The inclusion of any link on the website does not imply that we endorse the linked site.
Computer Software. Except as expressly permitted in any specific license agreements with GIDEON, you may not reproduce, record, publish, publicly exhibit or distribute any software made available on the GIDEON website without GIDEON’s express written consent. GIDEON retains title to any such software made available as part of the Services and you may only be granted a non-transferable, non-exclusive right and revocable license to use such software in accordance with a license agreement with GIDEON. GIDEON and its suppliers and licensors reserve all other intellectual property rights in and relating to such software.
Protection of Content Provided by GIDEON and Its Licensors. The website contains trademarks and other material furnished by GIDEON, its licensors, and others. You should assume that everything you see or read on the website or through the Services, which was not furnished by you (such as sound clips, photographs, illustrations, text and other materials) (“Site Content”) is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of GIDEON or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the website.
Notices. GIDEON will give you any necessary notices by posting them on the website. You authorize GIDEON to send notices via electronic mail as well if GIDEON decides, in its sole discretion, to do so. You agree to check the website for notices, and that you will be considered to have received a notice when it is made available to you by posting on the website.
Disclaimer of Warranties and Liability
GIDEON selects what we believe to be the most outstanding and credible medical material for inclusion in its Services. The editors consult only sources they deem reliable and competent. However, there may be delays, omissions or inaccuracies in such information. This information is not intended to replace professional medical advice and should not be used as the sole basis or diagnosis or therapy.
The Services may include facts, views, opinions and recommendations of individuals and organizations which we believe may be of interest to our subscribers. GIDEON does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these view, opinions or recommendations.
GIDEON assumes no liability to patients with respect to the actions of physicians, health care facilities and other users, and is not responsible for any injury, death or damage resulting from the use, misuse or interpretation of information obtained through this program. Therapeutic options listed by the program are limited to published studies and reviews. Therapy should not be undertaken without a thorough assessment of the indications, contraindications and side effects of any prospective drug or intervention. Furthermore, the database is largely derived from incidence and prevalence statistics whose accuracy will vary widely for individual diseases and countries. Changes in endemicity, incidence, and drugs of choice may occur. The list of drugs, infectious diseases and even country names will vary with time. Although we endeavor to include such new information on a timely basis, a delay cannot be avoided.
NEITHER GIDEON NOR ANY OTHER PARTY OR ANY MEDICAL SOCIETY MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES WHICH ARE LICENSED “AS IS”. GIDEON AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF INFORMATION AVAILABLE THROUGH GIDEON. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE SERVICES. NEITHER GIDEON NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS ACTIONS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL) IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH GIDEON. IN NO EVENT WILL GIDEON, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. GIDEON AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF GIDEON, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE INFORMATION PROVIDED BY GIDEON SHALL NOT EXCEED THE AMOUNT YOU PAID TO GIDEON FOR THE INFORMATION.
Some states do not allow limitations on how long an implied warranty lasts and some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Indemnification. You agree to defend, indemnify, and hold harmless GIDEON, its officers, directors, employees, consultants, agents, co-branders or other partners, from and against any claims, actions, liability, damages and/or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Services; your connection to the Services; your violation of the rights of others, these Terms of Service or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of your account. These Terms of Service will inure to the benefit of GIDEON’s successors, assigns and licensors.
General Provisions. You are responsible for compliance with applicable local laws, keeping in mind that access to the Services may not be legal by certain persons or in certain countries. If any part of these Terms of Service is held to be invalid or unenforceable under applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. These Terms of Service are personal to you and you may not transfer, assign or delegate these Terms of Service to anyone without the express written permission of GIDEON. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of GIDEON shall be null and void. The paragraph headings in these Terms of Service, shown in boldface type, are included to help make the agreement easier to read and have no binding effect. These Terms of Service constitute the entire agreement between you and GIDEON with respect to the use of the Services and supersede and replace all prior or contemporaneous agreements, written or oral, between the parties regarding such subject matter. These Terms of Service, your rights and obligations, and all actions contemplated by these Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the State of California, as if it was a contract wholly entered into and wholly performed within California, without regard to the principles of conflict of laws. Any waiver of any provisions of these Terms of Service will be effective only if in writing signed by GIDEON.