The following provisions govern the use of GIDEON services by GIDEON institution subscribers (“Subscriber”). In order to access the GIDEON Service (the “GIDEON Service” or the “Service”), the subscriber agrees to the following terms and conditions:
BINDING TERMS AND CHANGES
GIDEON INFORMATICS, INC (“GIDEON”) is an electronic publisher providing medical information and decision support to Subscriber. By becoming a Subscriber, and using the Service, Subscriber is indicating agreement to be bound by all of the terms in this Subscriber Agreement (the “Agreement”).
GIDEON may modify or assign additional terms and conditions as made available to Subscriber via the website, from time to time, including without limitation, changes in subscription rates, use restrictions or guidelines. Those terms and conditions will apply upon renewal of the subscription in question without the need for amendment. Those terms and conditions will prevail and control use of the relevant content, unless the Subscriber chooses not to renew the subscription. Subscriber hereby grants to GIDEON the right to enforce or assert on their own behalf the provisions of this Agreement to the extent they pertain to the content contained in the GIDEON service.
IP ADDRESS REGISTRATION
Subscriber will provide institution’s valid Internet Protocol (IP) address(es) to GIDEON in order to register with the Service and access the Service in accordance with this Agreement. For the terms of this Agreement an institution is defined as a contiguous campus community. Valid IP addresses may not include publicly accessible proxy or cache servers. Subscriber will notify GIDEON within thirty (30) days of any changes in registration data or IP addresses.
USE OF SUBSCRIBER INFORMATION
By entering into this Agreement, Subscriber is agreeing that GIDEON may store information provided as part of the registration process and use aggregate statistical information about subscribers in marketing the service, and to protect the security or integrity of the Service. No one other than GIDEON, EBSCO Publishing, Inc or their respective employees, consultants or advisors will receive Subscriber name, address, phone number, e-mail address, or other specific personal identifying information without Subscriber express prior consent, unless required by law.
Subscriber also agrees and authorizes that GIDEON may use the information provided to contact Subscriber via email or online postings in order to: fulfill and to respond to Subscriber requests for information or services, and to inform Subscriber about new features, functionality, or options related to the Service. You may choose not to receive such information and/or to permit GIDEON to use Subscriber information in this manner by simply notifying GIDEON at www.GIDEONonline.com, or through other means provided within communications Subscriber receives.
COPYRIGHTS AND LIMITATIONS ON USE
The information available through the service is the sole and exclusive property of GIDEON (or its subsidiaries, affiliates or designees) and is protected by copyright and other intellectual property laws.
GIDEON grants Subscriber and its authorized employees, students, academic staff, and persons physically present at the Subscriber’s site (collectively, “Authorized Users”) a non-transferable, non-exclusive right and revocable license to use the Service according to the terms and conditions set forth in this Agreement. Except as expressly granted by this Agreement, Subscriber acquires no right, title or license in the content or data incorporated in the Service.
GIDEON information may not be reproduced, retransmitted, stored, distributed, disseminated, sold, published, broadcast or circulated in any medium to anyone, including but not limited to others in the same company or organization, without the express prior written permission of GIDEON, except as otherwise expressly permitted under fair use provisions of U.S. Copyright Law. Fair use provisions of U.S. Copyright Law permit reproduction of single copies of copyrighted material for personal, non-commercial and private use. In determining whether the use made of copyrighted material is “fair use”, one factor to be considered includes the amount and substantiality of the portion used in relation to the copyrighted material as a whole. In the event of any permitted use of copyrighted material, no modifications shall be made without written authorization from GIDEON. Any requests for permission may be sent to: GIDEON, 8721 Santa Monica Blvd Suite 234, Los Angeles, CA 90069, USA, (fax) +1 413-487-9264, (email) email@example.com.
Subscriber may not use the facilities and/or services of GIDEON to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which would be abusive, profane, pornographic, or sexually offensive to an average person, or which contains errors. GIDEON may at any time exercise editorial control over the content of any information which is distributed through its facilities and/or services. Subscriber may not, without the approval of GIDEON, use its facilities and/or services to publish or distribute any advertising, promotional material, or solicitation to other subscribers to use any goods or services. For example, Subscriber may not use the facilities and/or services of GIDEON to conduct any business, to solicit the performance of any activity which is prohibited by law, or to solicit other subscribers to become subscribers of other information services.
Authorized users are not permitted to download excessive portions of GIDEON information. The use of robots and all automated downloading programs are prohibited. In the event of any unauthorized use of the Licensed Materials by an Authorized User, Subscriber shall cooperate with GIDEON in the investigation of any unauthorized use of the Licensed Materials of which it is made aware and shall use reasonable efforts to remedy such unauthorized use and prevent its recurrence. Subscriber may terminate such Authorized User’s access to the Licensed Materials after first providing reasonable notice to GIDEON (in no event less than two (2) weeks) and cooperating with GIDEON to avoid recurrence of any unauthorized use.
FEES AND PAYMENTS
Subscriber agrees to pay all charges incurred in connection with Subscriber user name and password for the GIDEON Services (including any applicable taxes) at the rates in effect when the charges were incurred. GIDEON may change the Subscriber Fees and charges then in effect, or add new charges, by posting such information on the GIDEON website.
Subscriber is responsible for any charges incurred to access the GIDEON Service, such as telephone and other equipment charges, and fees charged by an Internet access provider or other third party service. Subscriber is responsible for any applicable taxes relating to use of the services.
By entering into this agreement, Subscriber acknowledges that the Service is for Subscriber exclusive use only. Use or sharing of passwords by non-subscribers is prohibited. Failure to comply will result in immediate suspension of Subscriber account.
DISCLAIMER OF WARRANTIES AND LIABILITY
GIDEON selects only the most outstanding and credible medical material for inclusion in its Service. 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 of diagnosis or therapy.
The GIDEON Service may include facts, views, opinions and recommendations of individuals and organizations deemed of interest to Subscribers. GIDEON does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these views, 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 SERVICE WHICH IS 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. SUBSCRIBER ASSUMES ALL RISK AS TO THE QUALITY, FUNCTION AND PERFORMANCE OF THE LICENSED MATERIALS. NEITHER GIDEON NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO SUBSCRIBER 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 THE SERVICE. IN NO EVENT WILL GIDEON, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY SUBSCRIBER IN RELIANCE ON SUCH INFORMATION. GIDEON AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO SUBSCRIBER 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. SUBSCRIBER AGREES 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 SUBSCRIBER PAID TO GIDEON FOR THE INFORMATION.
GIDEON neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on the service.
SYSTEMS RELIABILITY AND FORCE MAJEURE
GIDEON will make every reasonable effort to keep the Service available 24 hours a day, seven (7) days a week and to maintain saved information. However, there may be times when availability may be limited and/or information may be lost. GIDEON shall not be liable for non-availability of the Service or lost information.
Except as to payment obligations, neither party shall be liable or considered in default under this Agreement when the delay of performance is caused by circumstances beyond its reasonable control, including failure of suppliers, licensors, subcontractors, and carriers, acts of civil or military authorities, national emergencies, fire, flood, acts of God, insurrection, and war, provided the party involving this section immediately provides notice thereof to the other and does everything reasonably possible to resume its performance thereunder.
TERMINATION AND GENERAL PROVISIONS
Subscriber subscription will continue until terminated by GIDEON or until Subscriber notifies GIDEON by telephone, electronic mail, or via means provided within the Service of Subscriber decision to terminate subscription.
The website may contain links to other websites or resources. Subscriber acknowledges and agrees 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 GIDEON endorses the linked site.
Subscribers who use foul language, communicate inappropriately, download material for any use other than Subscriber non-commercial use, fail to pay or attempt to subvert the GIDEON system and/or services shall have their accounts terminated without compensation.
Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No term of this Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Subscriber agrees 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 Subscriber use of the Service; Subscriber connection to the Service; Subscribers violation of the rights of others, this Agreement or any intellectual property or other right of any person or entity; and any intellectual property infringement by any other user of Subscriber account. This Agreement will inure to the benefit of GIDEON’s successors, assigns and licensors.
If any provision in this Agreement is held invalid or unenforceable under applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement, Subscriber rights and obligations, and all actions contemplated by this Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within California, without regard to the principles of conflict of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Last Updated: January 10th, 2006