Last modified: April 22, 2019

Acceptance of the Terms of Use

Welcome to the website of EBSCO HealthDecision, LLC (“HealthDecision”, “we”, “us” or “our”). These terms of use are entered into by and between you and HealthDecision. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of any HealthDecision product or service, including this website and the webpages, content, functionality, products and services delivered through the healthdecision.com and healthdecision.org domains (collectively, the “Website”).

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which can be found at https://www.healthdecision.com/about/privacy-policy and is incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, do not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with HealthDecision and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, do not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. We will post any changes we make to these Terms of Use on this page of the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. The date these Terms of Use were last updated is identified at the top of these Terms of Use.

Reliance on Information Posted

The Website is an online decision support and shared decision-making service provided by HealthDecision for use by health care providers in advising their patients. The information presented on or provided through the Website is intended for use by medical professionals in consulting with and advising patients. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The information presented on or provided through the Website is intended for persons with adequate medical education and skills, specifically, physicians and other competent health care professionals who will rely on their own discretion and judgment in medical diagnosis, clinical decisions and treatment. The Website is not intended for and should not be used as a substitute for examinations, tests, diagnosis, treatment, or the advice of a physician or other health care professional, and any patient management decisions should be made by competent health care professionals using their own judgment, experience and, when necessary, definitive sources of information, as well as their individual assessment of each patient and his or her unique circumstances. The Website and the information presented on or provided through it do not constitute the practice of any medical, nursing or other professional health care advise, diagnosis or treatment, nor do they replace the diagnosis or advice of a health care provider.

The data, assessments, decision support and other information provided on the Website are approximations based on aggregated, averaged data. The recommendations on the Website cannot be assumed to be accurate with respect to any individual patient, since the data from which the recommendations are derived constitute averages within populations.

This Website includes content provided by third parties, including materials provided by third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by HealthDecision, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HealthDecision. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, there has been any unauthorized access to or use of your account or any other breach of security, or you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by HealthDecision, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use grant you a non-exclusive, non-transferable and non-sublicensable license to use and access the Website only for your commercial use or your personal, non-commercial use, as applicable. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may download, store or transmit data to and/or from the Website if such functionality is specifically provided on or through the Website.  (For example, in connection with an integration with an electronic health record.)
  • You may print, download or distribute copies of pages of the Website for your commercial use or your personal, non-commercial use, as applicable, and not for further reproduction, publication or distribution unless authorized in writing by Health Decision. All copies must include the following copyright notice: “Copyright (c) — 2010-2019, EBSCO Health Decision, LLC. All rights reserved.” and other copyright and proprietary notices, if any, contained in the Website.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

The data and information on the Website shall not be cited or used for or in connection with academic or scientific research without the express written consent of HealthDecision, including HealthDecision’s consent to research/study protocol, analysis, presentation and intellectual property rights.

If you wish to make any use of material on the Website other than that set out in this section, please contact us using the information provided in the “Your Comments and Concerns” section of these Terms of Use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. Unless specifically set forth in a separate commercial agreement by and between HealthDecision and you (or your employer or the organization on whose behalf you are authorized to use the Website), no right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by HealthDecision. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

If you (or your employer or the organization on whose behalf you are authorized to use the Website) have executed a separate commercial agreement with HealthDecision, you have been granted a license to use and access the Website for a specific limited period of time (i.e. the subscription period for which you have agreed to pay fees). At the end of this period, your license and your associated rights, such as technical support, will expire automatically, unless you have renewed your subscription. HealthDecision may embed technology in the Website causing it to become inaccessible after your subscription term.

HealthDecision accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, HealthDecision reserves the right to terminate your use of the Website or the content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.

Trademarks

The HealthDecision name, the term HealthDecision, HealthDecision’s logo and all related names, logos, product and service names, designs and slogans are trademarks of HealthDecision or its affiliates or licensors. You must not use such marks without the prior written permission of HealthDecision. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree:

  • That you will not use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • That you will not use the Website to transmit or send unsolicited commercial communications.
  • That you will not use the Website for any purposes related to marketing without HealthDecision’s express written consent.
  • That you will not access (or attempt to access) the Website by any means other than through the interfaces that are provided by HealthDecision.
  • That you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without HealthDecision’s express written consent.
  • That you will not edit or otherwise modify any content on the Website.
  • That you will not use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • That you will not impersonate or attempt to impersonate HealthDecision, a HealthDecision employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm HealthDecision or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Social Media Features and Linking to the Website

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the content on the Website that is inconsistent with any other provision of these Terms of Use.

You may not link to our homepage unless it is done in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our sole discretion.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. You are advised to use the most up-to-date version of the Website as updates may be made to reflect changes in medical standards and practices.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the Terms of Use of use for such websites.

Geographic Restrictions

HealthDecision is based in the Commonwealth of Massachusetts in the United States of America. We make no representations that the Website and its content are appropriate or available for use in all locations. Use of or access to the Website may not be legal by certain persons or in certain countries. By using or accessing the Website, you do so at your own risk and are responsible for compliance with the laws of your own jurisdiction.

By using or accessing the Website, you acknowledge that you understand your personal information will be transmitted to the United States, and unless prohibited by applicable law, you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, information security, accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HEALTHDECISION NOR ANY PERSON ASSOCIATED WITH HEALTHDECISION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER HEALTHDECISION NOR ANYONE ASSOCIATED WITH HEALTHDECISION REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) AND OTHER EQUIPMENT THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

HEALTHDECISION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL HEALTHDECISION, ITS PARENTS, SUBSIDIARIES, AFFILIATES OR OTHER RELATED ENTITIES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEALTH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

General Representation and Warranty

You represent and warrant that (i) your use of the Website will be in strict accordance with our Privacy Policy, these Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and including all applicable laws regarding the transmission of data or software exported to and from the United States or the country in which you reside), and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to defend, indemnify and hold harmless HealthDecision, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the City of Ipswich and County of Essex although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Restriction on Transfer

Unless otherwise specifically set forth in a separate commercial agreement by and between HealthDecision and you (or your employer or the organization on whose behalf you are authorized to use the Website), you may not sublicense, assign, sell, share, rent, lease or otherwise transfer your right to use the Website (including your username and password) whether by merger, operation of law or otherwise.

Waiver and Severability

No waiver of by HealthDecision of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HealthDecision to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HealthDecision with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

If you have feedback, comments, requests for technical support and other communications relating to the Website, please contact us using the contact details below and we will do our best to assist you:

EBSCO Health Decision, LLC
10 Estes Street
Ipswich, MA 01938

Phone: (978) 356-6500

Toll-Free (USA & Canada): (800) 653-2726

https://help.ebsco.com/