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Terms and Conditions of Use of Agreement
Please read the following terms and conditions of use agreement (Agreement) before using the X-Plain.net website (X-Plain Website). Using this website implies that you agree to all the terms of this Agreement. If you do not agree to all of these terms, do not use the X-Plain.net website.
The Patient Education Institute may revise and update this Agreement at any time. Your continued usage of the X-Plain Website will mean you accept those changes.
X-Plain Content is General Information and NOT Medical Advice
- The contents of the X-Plain Website, such as text, graphics, animation, narration, questions, and feedback ("Content") contained on the X-Plain Website are for informational purposes only.
- The Content is not intended to be a substitute for professional medical advice. Always seek the advice of your doctor or other qualified healthcare provider with any questions you may have regarding a medical condition or medical treatment.
- Never disregard professional medical advice or delay in seeking it because of something you have read on the X-Plain website. If you think you may have a medical emergency, call your doctor or 911 immediately.
- X-Plain aims at providing unbiased information and does not recommend or endorse any specific tests, products, procedures, or medical treatments.
- Use X-Plain Content to help you understand as you communicate with your doctor or healthcare providers. Any other reliance on any information provided by X-Plain is solely at your own risk.
- The website may contain health- or medical-related materials that you may find sexually explicit or otherwise offensive. X-Plain and its associates accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
License of Content
X-Plain authorizes you to view X-Plain Content solely for your personal and noncommercial use and according to the following terms:
- You may review the licensed X-Plain Content for unlimited number of times.
- You may share the Content with family members and friends that are involved with your health care.
- You may not use the Website to charge for any educational or other commercial services.
Content and Copyright
- The Content is protected by copyright under both United States and foreign laws.
- Title to the Content remains with X-Plain or its licensors.
- Any use of the Content not expressly permitted by this Agreement is a breach of the terms of this Agreement and may violate copyright, trademark, and other laws.
- Contents are subject to change or termination without notice in the editorial discretion of X-Plain.
- All rights not expressly granted herein are reserved to X-Plain and its licensors.
Advertisement
- X-Plain Content do not include any advertisements.
- The Patient Education Institute is not responsible for the content of linked third-party sites, sites framed within the X-Plain Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
- The Patient Education Institute does not endorse any product advertised in websites linking to X-Plain Website.
Sharing Your Comments
- An electronic form collects the information you provide through unsecured e-mail. You do not have to provide your name or e-mail to share your comments.
- The information you provide will go into a secure database accessible with passwords to select employees of The Patient Education Institute.
- We may share the information you provide with the institution making X-Plain Content available to you and whose name appears on the top of an X-Plain tutorial or in its credit page.
- We cannot answer medical questions. Please do not ask us any medical questions. We may keep the information you provide in this form indefinitely or until you submit a request for your record to be deleted.
- If you submit any business information, idea, concept or invention (Idea) to us, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted us (the Patient Education Institute) a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute and implement the idea in any media or medium, or any form, format, or forum now known or hereafter developed. The Patient Education Institute may license its products and services, which may include your Idea, to its clients and partners. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the comments button or through direct e-mail.
Warranty and Limited Liability
The use of the X-Plain Website and the Content is at your own risk.
When using the X-Plain Website, information will be transmitted over a medium which is beyond the control and jurisdiction of X-Plain and its suppliers. Accordingly, X-Plain assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the X-Plain Website.
The X-Plain Website and the Content are provided on an "as is" basis. X-PLAIN, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, X-Plain and its licensors and suppliers (Associates) make no representations or warranties about the following:
- The accuracy, reliability, completeness, or timeliness of the Content or communications provided on or through the use of the X-Plain Website.
- The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the X-Plain Website.
- The updating of all content to the standards of care in your country or community.
In no event shall the Patient Education Institute and its Associates or any third parties mentioned on the X-Plain Website be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the X-Plain Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not X-Plain is advised of the possibility of such damages. The Patient Education Institute is not liable for any personal injury, including death, caused by your use or misuse of the X-Plain Website, Content, or Public Area (as defined below).
Indemnity
You agree to defend, indemnify, and hold the Patient Education Institute, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
Children and Legal Guardians
If you are a child or minor, as defined in your country or state, you should obtain the consent of your legal guardian before using X-Plain or using a credit card to purchase X-Plain Content.
International Users
The terms of this Agreement applies to users outside the State of Iowa and the United States of America.
- X-Plain makes no claims that the Content is appropriate for the standard of care in other countries.
- X-Plain makes no claims that the X-Plain Website may be accessible outside of the United States.
- Access to the Content may not be legal by certain persons or in certain countries. If you access the X-Plain Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
- The X-Plain Website may contain health- or medical-related materials that you may find sexually explicit or otherwise offensive. X-Plain and its Associates accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.
Termination
- You may terminate this agreement at any time by stopping to use the X-Plain Website.
- X-Plain may terminate this agreement at any time by stopping to offer Content.
- The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Warranty and Liability, Indemnity, and General.
- If you violate any of these Terms and Conditions, your permission to use the Content and the X-Plain Website automatically terminates.
General
- You expressly agree that exclusive jurisdiction for any dispute with the Patient Education Institute, or in any way relating to your use of the X-Plain Website, reside in the courts of the State of Iowa.
- This Agreement is governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- The terms of this Agreement constitute the entire agreement between you and the Patient Education Institute with respect to the use of the X-Plain Website and Content. Your use of the X-Plain Website is also subject to the X-Plain Privacy Policy.
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