All use of www.dxconcur.com is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance 'button', and using www.dxconcur.com, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms 'you' and 'User' refer to the person who completed the registration process.
Definitions
dxconcur.com contains two types of content:
- "dxconcur.com Owned Content" means information entered into dxconcur.com’s database by Knowledge Quest Inc.(KQI) employees and its licensors, including without limitation, those authorized representatives who are editors or who are otherwise designated by KQI to contribute to dxconcur.com.
- "Other Content" means any other information entered into dxconcur.com by Users or other persons.
Use of dxconcur.com
During the term of your subscription to dxconcur.com, KQI hereby grants you a non-exclusive, non-transferable license to access and use your selected dxconcur.com service(s) for the fees and under the terms described in this Agreement. For individual subscriptions, only one person at a time may access the dxconcur.com service(s) using the User’s screen name and password.
All of the dxconcur.com owned content is either the property of dxconcur.com or is licensed to dxconcur.com and is protected by copyright and other intellectual property laws. The User shall honor all reasonable requests by dxconcur.com to protect KQI’s proprietary interests in dxconcur.com.
You may display, download, or print out, for your own research or study only, materials from dxconcur.com; you may not otherwise copy, transmit, rent, lend, sell, or modify any materials from dxconcur.com or modify or remove any proprietary notices contained therein, or create derivative works based on materials from dxconcur.com . You may not engage in systematic retrieval of content from dxconcur.com to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from KQI. You may not use any robots, spiders, crawlers or other automated downloading programs or devices, including without limitation, to: (i) continuously and automatically search or index any Content; (ii) harvest personal information from dxconcur.com; or (iii) cause disruption to the operation of dxconcur.com. KQI reserves the right to terminate the User’s subscription at any time if the User downloads or prints out a substantial portion of dxconcur.com. The User may not disseminate any portion of dxconcur.com through electronic means, including mail lists or electronic bulletin boards and agrees not to restrict or inhibit any other User’s access to, or use of, dxconcur.com.
Fees and Payments
Your annual subscription fee for your selected dxconcur.com service(s) must be fully paid before you will be provided access to the dxconcur.com service(s).
You agree to pay all fees and charges incurred in connection with your email address and password, including applicable taxes and communications or access charges, at the rates in effect when the charges were incurred. For a list of current fees please see the subscription area of your selected dxconcur.com service. User fees will be billed automatically to a credit card or PayPal at the start of each subscription period. Fees and charges are non-refundable. KQI may change subscription rates in the normal course of business. In that case, you will be notified of the new rates (if any) in the KQI annual renewal notice that you will receive prior to the end of your subscription term. All charges incurred in connection with your account will be billed to the credit card you designate during the registration process.
Other Content
The User grants to KQI the perpetual, non-exclusive right to use all material entered into dxconcur.com by the User (other than third-party material transmitted through private electronic mail) in any of KQI print or electronic publications.
Users entering material into dxconcur.com are responsible for the content of that material. KQI has no responsibility for other content, including the content of any messages or information posted by users or others, or for the content of information accessible via direct or indirect hyperlinks from dxconcur.com. However, KQI retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete other content that KQI deems to be illegal, offensive, or otherwise inappropriate.
You may not input or distribute any material through dxconcur.com that is promotional in nature, including solicitations for funds or business, without the prior written authorization of KQI.
The User agrees to hold harmless and indemnify KQI from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, which KQI, its affiliates, employees and the KQI Designated Online Providers may incur as a result of either: (i) the User’s violation of this Agreement; or (ii) material entered into dxconcur.com with the use of the User’s screen name or password. KQI reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify KQI or the KQI Designated Online Providers.
No Warranties/Limitations on Liability
THE SERVICE AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER KQI NOR THE KQI DESIGNATED ONLINE PROVIDERS MAKE ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE SERVICE, NOR ANY MATERIAL WHICH CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN OUR KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. NEITHER KQI NOR THE KQI DESIGNATED ONLINE PROVIDERS WARRANTS THAT THE INFORMATION CONTAINED IN OUR SERVICE IS ACCURATE OR COMPLETE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, AND KQI IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION OR THE SERVICE. USERS ARE ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN THE SERVICE WITH OTHER SOURCES. FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN THAT, AMONG OTHER THINGS, THE INFORMATION CONTAINED IN OUR SERVICE IS ACCURATE AND THAT CHANGES HAVE NOT BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION. THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY USED DRUGS.
NEITHER KQI NOR THE KQI DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
OUR SERVICE MAY CONTAIN KNOWLEDGE BASES THAT INCLUDE A SIGNIFICANT NUMBER OF COMMON DISEASES AS WELL AS SOME RARE DISEASES, BUT SHOULD NOT BE CONSIDERED COMPLETE DUE TO A NUMBER OF POSSIBLE CAUSES, INCLUDING BUT NOT LIMITED TO: A LACK OF COMPLETE COVERAGE OF ALL SIGNS; SYMPTOMS AND LABORATORY TESTS AND ALL POSSIBLE DISEASE ENTITIES; THE INABILITY OF THE SERVICE TO ACCEPT THE USER’S DESCRIPTION OF SIGNIFICANT CLINICAL FINDINGS; THE FAILURE OF THE SERVICE TO CONSIDER THE UNDERLYING RELATION BETWEEN THE CLINICAL MANIFESTATIONS AND THE DISEASE ENTITIES; THE INADEQUACY OF THE SERVICE TO COPE WITH ALL OF THE VARIATIONS IN THE WAY THAT A DISEASE CAN PRESENT AS A RESULT OF DIFFERENT DISEASE SEVERITY; THE PRESENCE OF A SECOND INTERACTING DISEASE; THE FAILURE TO INCLUDE THE APPROPRIATE RELATIONSHIPS BETWEEN THE CLINICAL MANIFESTATIONS AND THE DISEASE ENTITY; OR COMPUTER OR HUMAN ERROR. BECAUSE OF THESE FACTORS, IT IS IMPORTANT THAT THE SERVICE BE USED ONLY AS A REFERENCE TOOL, SIMILAR TO THE USE OF A TEXTBOOK OR A JOURNAL ARTICLE, AND THAT THE SERVICE NOT BE USED AS A SUBSTITUTE FOR PHYSICIAN OR NURSE PRACTITIONER DIAGNOSTIC DECISION MAKING. THE RESPONSIBILITY FOR DECISIONS REGARDING ACTUAL PATIENT CARE RESTS SOLELY WITH THE PHYSICIAN OR NURSE PRACTITIONER TREATING A PATIENT. THE SERVICE IS NOT INTENDED TO PROVIDE THE "RIGHT ANSWER" OR TO GIVE DEFINITIVE MEDICAL CONSULTATION, ADVICE OR DIAGNOSIS.
IN NO EVENT WILL KQI OR THE KQI DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF dxconcur.com. USER AGREES THAT ALL DEMANDS FOR DAMAGES OF WHATEVER KIND ASSESSED AGAINST KQI OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT LIMITATION, THE KQI DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO USE OF dxconcur.com SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO KQI FOR USE OF dxconcur.com DURING THE PREVIOUS TWELVE (12) MONTHS.
YOU ALSO UNDERSTAND AND AGREE THAT KQI AND ITS KQI DESIGNATED ONLINE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSESQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO: (i) YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DATA, INFORMATION OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. KQI AND/OR ITS KQI DESIGNATED ONLINE PROVIDERS’ TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, WILL NOT EXCEED THE UNUSED PORTION OF FEES PAID FOR THE SERVICE. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, KQI AND/OR ITS KQI DESIGNATED ONLINE PROVIDERS SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND KQI AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE LESSER OF $1,000 OR THE FEES YOU PAID FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND KQI AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND KQI AND REFLECTS THE FEES, IF ANY, KQI CHARGES YOU TO USE THE SERVICE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, KQI WOULD NOT PROVIDE THE SERVICE TO YOU.
dxconcur.com Does Not Provide Medical Advice
The contents of the dxconcur.com, such as text, tables and graphics are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the dxconcur.com web site!
If you think you may have a medical emergency, call your doctor or 911 immediately. dxconcur.com does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any information provided by dxconcur.com and/or dxconcur.com employees is solely at your own risk.
The site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use dxconcur.com.
Registration
As part of the registration process, you must register an email address and password. You will keep you your email address and password confidential. You are responsible to promptly notify KQI of any disclosure or unauthorized use of your email address and password by sending an email to service@kqimed.com. You will be assigned a new User name and password. You may be liable for any damages that occur prior to such notification, including charges incurred as a result of the unauthorized use of your credit card. You will notify KQI within thirty (30) days of any other changes in your registration data.
Privacy Policy
KQI may, from time to time, use information you provide as part of the registration process to send you information regarding other products or services from KQI that may be of interest to you. In addition, KQI may provide aggregated, anonymous statistical information about dxconcur.com users to other persons, including potential advertising clients. For detailed information, please click the KQI Customer Privacy Policy link at the bottom of any screen of dxconcur.com.
Export
You may not download or otherwise export or re-export any underlying software, technology or other information from dxconcur.com except in full compliance with all U.S. and other applicable laws and regulations. In particular, but without limitation, none of the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s or State Department’s Table of Denial Orders. You agree to indemnify and hold harmless and defend KQI and the KQI Online Providers against any and all liability arising from or relating to your breach of this section
Updates, Revisions and Technical Support
KQI has the right, but not the obligation, to modify, revise or update the dxconcur.com web site. These revisions and updates, as well as any technical support if offered for the Service, will be provided to the Subscriber only if a properly signed license agreement has been returned by Subscriber and is on file and Subscriber has paid all applicable fees. KQI shall have no obligation to provide you with any maintenance or support relating to the Service. KQI will frequently update its database electronically across all users simultaneously. The frequency is posted on the home page. KQI has the web service hosted by a nationally recognized provider with redundant servers. KQI is not liable for any disruption in this service and the potential hacking of machines that could occur. KQI will do everything possible to restore service as soon as possible, but KQI accepts no liability for this disruption of service.
Links
KQI may provide, or third parties may provide, links to other World Wide Web sites or resources. KQI does not endorse and is not responsible for any data, software or other content available from such sites or resources and you acknowledge and agree that KQI shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, software or other content.
dxconcur.com Text and PowerPoint Usage Guidelines
dxconcur.com users may display, download, or print out PowerPoint slides and images associated with the site for personal and educational use only. Educational use refers to classroom teaching, lectures, presentations, rounds, and other instructional activities, such as displaying, linking to, downloading, printing and making and distributing multiple copies of said isolated materials in both print and electronic format. Users will only display, distribute, or otherwise make such PowerPoint slides and images from the applicable dxconcur.com materials available to students or other persons attending in-person presentations, lectures, rounds or other similar instructional activities presented or given by User.
Commercial use of the PowerPoint slides and images are not permitted under this agreement. Users may modify the content of downloaded PowerPoint slides only for educational (non-commercial) use; however the source and attribution may not be modified. Users may not otherwise copy, print, transmit, rent, lend, sell or modify any images from dxconcur.com or modify or remove any proprietary notices contained therein, or create derivative works based on materials therefrom. They also many not disseminate any portion of the applicable dxconcur.com site subscribed to hereunder through electronic means except as outlined above, including mail lists or electronic bulletin boards.
Term and Termination
This Agreement will continue and renew automatically unless terminated by KQI, as provided for in this Agreement, or you fail to respond to the renewal notice from KQI and do not renew your subscription.
KQI reserves the right to change the terms of this Agreement by providing notice in dxconcur.com or, at KQI’s option, directly to users via electronic mail or conventional mail. Use of dxconcur.com following the posting of any changes to these terms and conditions shall be conclusively deemed acceptance of those changes by the User.
KQI may discontinue or change dxconcur.com, or its availability to you, at any time. If you refuse or fail to abide by these rules or violate any other terms or conditions of this Agreement, KQI reserves the right in its sole discretion to suspend or terminate your access to dxconcur.com immediately without notice, in addition to any other available remedies.
General
This Agreement constitutes the entire agreement between the User and KQI relating to dxconcur.com and supersedes any and all other agreements, oral or in writing, with respect to dxconcur.com. This Agreement may be modified only by a written agreement signed by both parties. The failure of KQI to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Florida, as if the Agreement was a contract wholly entered into and wholly performed within the State of Florida.