Term of Use Agreement - MDGuidelines

MDGuidelines Terms of Use Agreement

Nature and Purpose of this Agreement Regarding Terms of Use

This Terms of Use Agreement (“Agreement”) governs your use of MDGuidelines (subscriber site only). MDGuidelines (subscriber site) is made available to you conditioned on your acceptance without modification of all of the terms, conditions, and notices contained in this Agreement, and your use of MDGuidelines constitutes your express agreement to all of those terms, conditions, and notices. If you do not want to be bound by this Agreement, then you may not access MDGuidelines, and you must surrender any password granted to you so that your ability to access MDGuidelines may be discontinued.

Modification of This Agreement

Reed Group reserves the right to change the terms, conditions, and notices under which MDGuidelines is offered, including but not limited to the charges associated with the use of MDGuidelines, and this Agreement Regarding Terms of Use may be modified at any time, and such modifications will be effective immediately upon the posting of this Agreement as modified on this web site. You agree to review this Agreement periodically to become aware of any such modifications, and your continued use of MDGuidelines will constitute your acceptance of this Agreement as modified.

What is MDGuidelines

MDGuidelines consists of a collection of information, including the “The Medical Disability Advisor, Version 6” (MDA) that contains information concerning medical disability duration guidelines and that has been developed, selected, evaluated, coordinated, and assembled through the exercise by Reed Group MANAGEMENT PTE Limited. (“Reed Group”) of substantial independent, creative effort and judgment. That collection of MDA information, together with all accompanying tables of content, indexes, indexing information, explanatory text, commentary, and other textual material, and the compilation, arrangement, and format of all of the preceding are collectively referred to in this Agreement as the “Database.” The term “Database” also includes any upgrades, modified versions, and additions to the Database and shall be applied regardless of the form in which you may subsequently use, and regardless of any modifications that you may make to, any of the preceding.

What is a Seat

MDGuidelines (subscriber site) is available to individuals upon registration and payment of the applicable subscription fee. Each individual subscription that is authorized to access MDGuidelines by means of the grant of a password is referred to in this Agreement as a “Seat.” Each Seat is personal to the individual subscriber to whom it is assigns, and neither a Seat nor the password granted to that Seat may be assigned, loaned, or otherwise made available to any other individual, except that a Seat may be surrendered to an employer of an individual subscriber and reassigned upon notice to Reed Group to another employee of that same employer.

Member Account, Password, and Security

To use MDGuidelines, you must first register to open an account. You must complete the registration process by providing Reed Group with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Reed Group immediately of any unauthorized use of your account or any other breach of security. Reed Group will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Reed Group or another party due to someone else using your account or password. You may not use anyone else’s account at any time.

Privacy and Protection of Personal Information

See the Privacy Statement for disclosures relating to the collection and use of personal information.

Limitation Concerning Re-Use of Information

The information contained in MDGuidelines is for the use of the registered account holders only and is not intended for redistribution. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from MDGuidelines. However, you are authorized to prepare and distribute to your (or your employer’s) customers and clients in the ordinary course of your (or your employer’s) business any quotation, extract, compilation, or condensation of the Database that contains no more than the equivalent of three printed pages of the Database.

Links To Third Party Sites

MDGuidelines may contain links to third party web sites (“Linked Sites”). Linked Sites are not under the control of Reed Group and Reed Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Reed Group is not responsible for web casting or any other form of transmission received from any Linked Site nor is Reed Group responsible if the Linked Site is not working appropriately. Reed Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Reed Group of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within MDGuidelines or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Reed Group shall not be responsible or liable for any part of any such dealings or promotions.

No Unlawful or Prohibited Use

As a condition of your use of MDGuidelines, you will not use MDGuidelines for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use MDGuidelines in any manner that could damage, disable, overburden, or impair MDGuidelines (or any network connected to MDGuidelines) or interfere with any other party’s use of MDGuidelines. You may not attempt to gain unauthorized access to MDGuidelines, other accounts, computer systems or networks connected to MDGuidelines, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through MDGuidelines.

Software and Content Available Through MDGuidelines

The Database and all other content of MDGuidelines and software (if any) that is made available to view and/or download in connection with MDGuidelines, is owned by and is the copyrighted work of Reed Group and is protected by copyright laws and international treaty provisions.

Any reproduction or redistribution of the Database and all other content of MDGuidelines is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DATABASE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MDGUIDELINES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO MDGUIDELINES AND TO THE INFORMATION THEREIN. REED GROUP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN MDGUIDELINES AT ANY TIME.

REED GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN MDGUIDELINES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. REED GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT REED GROUP SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED.

IN NO EVENT SHALL REED GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF MDGUIDELINES, WITH THE DELAY OR INABILITY TO USE MDGUIDELINES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH MDGUIDELINES, OR OTHERWISE ARISING OUT OF THE USE OF MDGUIDELINES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REED GROUP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MDGUIDELINES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MDGUIDELINES.

Termination/Access Restriction

Reed Group reserves the right, in its sole discretion, to terminate your access to any or all MDGuidelines and the related services or any portion thereof at any time, in the event that you have not timely paid Reed Group’s applicable subscription fee or have violated any of the terms or conditions of this Agreement.

Changes/Interruption in Service

Reed Group may, on a regular basis, perform maintenance on its equipment and system, which may result in interrupted service. Reed Group will attempt to provide prior notice of such interruption and changes but cannot guarantee that such notice will be provided. In no event shall Reed Group be liable to you or any third party due to Reed Group’s performance of maintenance and related services, or the omission thereof. The standard window for maintenance operations, during which the site may be down, is Saturday evening, 10PM to 12AM, MT.

General

Use of MDGuidelines is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Reed Group as a result of this agreement or use of MDGuidelines. You agree to indemnify and hold Reed Group, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on MDGuidelines. Reed Group’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Reed Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of MDGuidelines or information provided to or gathered by Reed Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Reed Group with respect to MDGuidelines and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Reed Group with respect to MDGuidelines. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright And Trademark Notices:

Any rights not expressly granted herein are reserved.