Disclaimer for use of MediSpan Drugs information
You must accept the disclaimer below to proceed. You need only accept this disclaimer once. Your acceptance is valid for all future use by you of the Drugs information provided by Medi-Span in this system.
The Drugs and related information is provided to you by Wolters Kluwer Health, Inc. through the use of their Medi-Span ("MediSpan") system. The MediSpan system and the system are separate products provided by separate entities. The System is a proprietary software system developed and owned by ContinuLink, LLC. ContinuLink is not involved in any way in determining the content of the MediSpan system. ContinuLink makes no representations or warranties whatsoever, express or implied, with respect to, and assumes no responsibility or liability of any kind for, the MediSpan system or any data or information contained thereon. The MediSpan system is intended for use by consumers of this information in the United States only.
Your use of the MediSpan system acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that Wolters Kluwer is not responsible for the results of your decisions resulting from the use of the MediSpan system, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the MediSpan system.
The MediSpan system does not endorse drugs, diagnose patients, or recommend therapy. The MediSpan system is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The MediSpan system is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.
Every effort has been made to ensure that the information provided in the MediSpan system is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive.
Walters Kluwer does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the MediSpan system provides.
Disclaimer of Warranties
THE END-USER ACKNOWLEDGES THAT THE MEDISPAN SYSTEM IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, WOLTERS KLUWER HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE MEDISPAN SYSTEM, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE MEDISPAN SYSTEM HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. WOLTERS KLUWER HEALTH PROVIDES NO CLINICAL INFORMATION OR CHECKS FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE MEDISPAN SYSTEM. WOLTERS KLUWER HEALTH DOES NOT WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE.
The End-User acknowledges that updates to the MediSpan system are at the sole discretion of Wolters Kluwer Health. Wolters Kluwer Health makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the MediSpan system, or future releases thereof, with any computer hardware or software, nor does Wolters Kluwer Health represent or warrant the continuity of the features or the facilities provided by or through the MediSpan system as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the MediSpan system, (ii) the End-User uses, stores or installs the MediSpan system on a computer system which fails to meet the specifications provided by Wolters Kluwer Health, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Wolters Kluwer Health.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE MEDISPAN SYSTEM AND CONTENT PROVIDED THEREON. WOLTERS KLUWER HEALTH SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE MEDI-SPAN OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
THE END-USER ACKNOWLEDGES THAT WOLTERS KLUWER HEALTH: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE MEDISPAN SYSTEM OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE MEDISPAN SYSTEM OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE MEDISPAN SYSTEM, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE MEDISPAN SYSTEM BY PERSONS OTHER THAN WOLTERS KLUWER HEALTH.
WOLTERS KLUWER HEALTH SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD WOLTERS KLUWER HEALTH HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS' FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE MEDISPAN SYSTEM OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE MEDISPAN SYSTEM BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL WOLTERS KLUWER HEALTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF WOLTERS KLUWER HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE MEDISPAN SYSTEM IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND WOLTERS KLUWER HEALTH, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Liability of Wolters Kluwer Health to the End-User
Under no circumstances shall Wolters Kluwer Health be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User's use of or inability to use the MediSpan System or the content of the MediSpan System provided thereon or any equipment furnished in connection therewith. Wolters Kluwer Health's total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Wolters Kluwer Health under this Agreement specifically relating to the End-User's use of the MediSpan System or product which is the subject of the claim.