User Agreement

The following provisions govern your access to and use of the "Theme Issue" section of the Clinical Therapeutics® Web Site ("Web Site"), a service made available to you as a Web Site user ("User") by Excerpta Medica, Inc. ("Provider"). In order to access and use the Web Site and all information and content, including data from published articles, (collectively, "Content") provided on or through the Web Site, User agrees to the following terms and conditions:

BINDING TERMS AND CHANGES

By clicking "Accept" button, and accessing and using the Web Site, you are indicating that you agree to be bound by all of the terms and conditions set forth in this User Agreement without limitation or qualification.

Provider may change the terms in this User Agreement. When the terms are changed, Provider will notify you by online postings. Your continued use of the service shall be construed as your acceptance of the updated agreement terms.

COPYRIGHTS AND LIMITATIONS ON USE

Provider grants to its Users a non-transferable, non-exclusive right and revocable license to access and use the Web Site and any Content provided on or through the Web Site according to the terms and conditions set forth in this User Agreement. The Content on the Web Site and compilation is Copyright 2002 Excerpta Medica, Inc. and is protected by copyright and other intellectual property laws. The trademarks, logos, and service marks (collectively, "Trademarks") displayed on the Web Site are registered and unregistered Trademarks of Provider, American Board of Medical Specialties and/or others. Except as expressly granted by this User Agreement, you acquire no right, title or license in or to the Trademarks, Web Site or the Content on the Web Site.

You may not reproduce, retransmit, store, distribute, publish, broadcast, circulate, resell, re-license or otherwise disseminate the Content in any medium to any other person or entity, including but not limited to others in the same company or organization, or change, alter, modify, or adapt the Content, including but not limited to decompiling, reverse engineering, disassembling, or creating derivative works from the Web Site. You may not use the facilities and/or services of the Web Site 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. Provider may at any time exercise editorial control over the content of any information that is distributed through its facilities and/or services. You may not, without the express prior written permission of Provider, 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, you may not use the facilities and/or services of the Web Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the facilities and/or services of the Web Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.

Users are not permitted to download excessive portions of the Web Site’s Content. The use of robots and all automated downloading programs are prohibited. Provider shall take all reasonable steps to cease such excessive and unauthorized activity and to prevent any recurrence thereof, including terminating your access to the Web Site.

By entering into this User Agreement, you acknowledge that the Web Site’s services are for your exclusive use only.

DISCLAIMER OF WARRANTIES AND LIABILITY

THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS. PROVIDER AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEB SITE OR THE CONTENT OR ANY OTHER INFORMATION ON OR AVAILABLE THROUGH THE WEB SITE. NEITHER PROVIDER 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 NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE CONTENT AND ANY OTHER INFORMATION ON OR THROUGH THE WEB SITE. IN NO EVENT WILL PROVIDER, 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. PROVIDER 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. TO THE EXTENT THAT THIS LIMITATION OF LIABILITY IS PROHIBITED, YOU AGREE THAT THE LIABILITY OF PROVIDER, 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 WEB SITE, CONTENT OR ANY OTHER INFORMATION PROVIDED BY PROVIDER SHALL NOT EXCEED THE AMOUNT YOU PAID TO PROVIDER FOR THE INFORMATION.

SYSTEMS RELIABILITY AND FORCE MAJEURE

Provider will make every effort to keep its services available 24 hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Provider shall not be liable for lost information or non-availability of the services.

Provider shall not be liable or considered in default under this User Agreement when the delay of performance is caused by circumstances beyond its reasonable control and occurring without its fault or negligence, 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

Provider may discontinue or change its services, or its availability to you, at any time. This User Agreement is personal to you, and you may not assign your rights or obligations to anyone.

Neither failure or delay on the part of Provider 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 User Agreement shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by Provider. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.

If any provision in this User Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect. This User Agreement, your rights and obligations, and all actions contemplated by this User Agreement shall be governed by the laws of the United States of America and the State of New Jersey, as if the Agreement was a contract wholly entered into and wholly performed within New Jersey. This User Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Last Updated: September 5, 2004