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Terms of Use

Terms of Use

Terms and Conditions of Use of this Website Agreement

Please read the following terms and conditions of use agreement (Agreement) before using the patient-education.com website (PEI Website). Using the PEI 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 PEI Website. The Patient Education Institute (PEI), also doing business as X-Plain Inc., may revise and update this Agreement at any time. Your continued usage of the PEI Website will mean you accept those changes.

License and Restrictions

PEI authorizes you to browse and print pages of the PEI Website solely for personal, educational, and informational purposes. This is a non-exclusive, non-transferable, limited, and revocable right to use the PEI Website. The content of the PEI Website, such as text, graphics, animation, narration, questions, and feedback (“Content”) contained on the PEI Website are for informational purposes only.

You may not use the PEI Website for any commercial use, including usage with patients or health consumers, without PEI’s express prior written consent or a paid licensing fee. You may not use the PEI Website for co-branding or framing. Co-branding means to display a logo, trademark, name, or other sign of identification of any party in such a manner reasonably likely to give the impression that such other party has the right to display the PEI Website. Framing means having the PEI Website or a portion of it appear on the same screen with another website or a portion of one.

You may not reproduce, transmit, publish, or distribute Content to any third party without the express written consent of PEI. You may not remove or alter any sign such as logo, name, copyright notice, trademark, trade name, service mark, or any other proprietary notice appearing on any of the Content.

You may not hyperlink to any X-Plain Tutorial on PEI Website without PEI’s express prior written consent or a paid licensing fee.

Content, Copyright and Ownership

You agree that:

  • The Content is protected by copyright under both United States and foreign laws.
  • Title to the Content remains with PEI 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 PEI .
  • All rights not expressly granted herein are reserved to PEI and its licensors.

Disclaimer

You agree that:

  • The content of the PEI Website, such as text, graphics, animation, narration, questions, and feedback (“Content”) contained on the PEI Website are for informational purposes only.
  • PEI Content is General Information and NOT Medical Advice
  • 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 PEI Website. If you think you may have a medical emergency, call your doctor or 9-1-1 immediately.
  • PEI aims to provide unbiased information and does not recommend or endorse any specific tests, products, procedures, or medical treatments.
  • Use PEI Content to help you understand as you communicate with your healthcare providers. Any other reliance on any information provided by PEI is solely at your own risk.
  • The website may contain health or medical-related materials that you may find sexually explicit or otherwise offensive. PEI and its associates accept no responsibility for such materials. You are solely responsible for compliance with the laws applicable to your country of residence.

Warranty and Limited Liability

The use of the PEI Website and the Content is at your own risk. When using the PEI Website, information will be transmitted over a medium that is beyond the control and jurisdiction of PEI and its suppliers. Accordingly, PEI 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 PEI Website.

The PEI Website and the Content are provided on an “as is” basis. PEI , 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, PEI 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 by the use of the PEI Website.
  • The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the PEI Website.
  • The satisfaction of Content to the standards of care in your community.

In no event shall PEI and its Associates or any third parties mentioned on the PEI 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 PEI Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PEI is advised of the possibility of such damages. PEI shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you to license Content. PEI is not liable for any personal injury, including death, caused by your use or misuse of the PEI Website or Content.

Advertisement

  • Licensed X-Plain tutorials and www.patient-education.com do not include any advertisements.
  • As you browse the PEI website and X-Plain Tutorials you may link to other websites that are not under our control. Other websites may also link to PEI Website and X-Plain Tutorials. These are called third-party websites and they may include advertising. We are not responsible for the content of these third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. PEI does not endorse any product advertised on third-party websites.
  • Hospitals, clinics and other clients license X-Plain tutorials. The name and logo of the licensee appear on the top of the X-Plain tutorial. This top area specifies the licensee and is not an advertisement area. The licensee does not have any influence regarding the content of X-Plain tutorials, unless one of the licensee’s professional healthcare staff is a member of our Medical Advisory Board.
  • Suppliers of the computer hardware we provide and value-added resellers of X-Plain tutorials may be labeled “Partners” in PEI Website. Partners do not have any influence regarding the content of X-Plain tutorials. For more information, please check our Editorial Processes.

Indemnity

You agree to defend, indemnify, and hold PEI, 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 PEI.

International Users

  • The terms of this Agreement applies to users outside the State of Iowa and the United States of America.
  • PEI makes no claims that the Content is appropriate for the standard of care in other countries.
  • PEI makes no claims that the Content may be downloaded outside of the United States.
  • Access to the Content may not be legal by certain persons or in certain countries. If you access the PEI 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 Website may contain health- or medical-related materials that you may find sexually explicit or otherwise offensive. PEI 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 use of the PEI Website.
  • PEI may terminate this agreement at any time by stopping to offer Content on PEI Website.
  • 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 automatically terminates.

General

  • You expressly agree that exclusive jurisdiction for any dispute with PEI, or in any way relating to your use of the PEI Website, resides in the courts of the State of Iowa and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Iowa in connection with any such dispute including any claim involving PEI or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
  • This Agreement is governed by the internal substantive laws of the State of Iowa, without respect to its conflict of law 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 terms or conditions or any other terms or conditions.
  • The terms of this Agreement constitute the entire agreement between you and PEI with respect to the use of the PEI Website and Content. Your use of the PEI Website is also subject to the PEI Privacy Policy.

    Last updated: 2/9/2010