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LEGAL DISCLAIMER
General Information:Thank you for taking the time to visit the Promed website and reviewing our Legal Disclaimer. The Company provides this site as a service to the general public. Company personnel and the general public may use this website to review and retrieve publicly available company information.
Disclaimer of Liability:
In preparation of this site, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur and information may become dated. In particular but without limiting anything stated herein, Promed disclaims any responsibility for typographical errors and accuracy or timeliness of the information that may be contained on Promed’s web pages. Promed also reserves the right to make changes at any time without notice.
The information and data included on the Promed server(s) has been compiled by Company staff from a variety of sources and is subject to change without notice. Promed makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data. In no event shall Promed be liable for any lost profits, revenue or business opportunity, interruption of business, or any indirect, special, incidental, or consequential damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, even if Promed has been advised of the possibility of such damages. In any situation where the official printed publications of the Promed differs from the text contained in this system; the official printed documents take precedence.
If misleading, inaccurate or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Please contact the webmaster at mpaycher@radixcorp.com with any concerns.
Disclaimer of Reliability:
Promed makes no representations or warranties regarding the condition or functionality of this website, its suitability for use, or that this web service will be uninterrupted or error-free.
Disclaimer of Damages:
By using Promed web pages, you assume all risks associated with the use of this site including any risk to your computer, software or data being damaged by any virus, software, or any other file that might be transmitted or activated via Promed web page or your access to it. Promed shall not be liable for any damages of any kind (general, special, incidental or consequential damages, including, without limitation, lost revenues or lost profits) resulting from the use or misuse of the information contained in Promed web pages.
Copyrights and Trademarks:
All material on this website is copyrighted by Promed, except for some material that is copyrighted by others and used here by permission. Copyrighted material may not be copied, reproduced or otherwise used for commercial purposes without the written permission of the copyright holder. This site also contains some trademarks, which may not be appropriated by persons other than the trademark owner and may not be used contrary to trademark law.
Lexi-Comp® Disclaimer
This product utilizes the Lex-Comp® Integrated ™ platform, which contains information provided by Lexi-Comp, Inc. and/or Multum Inc. (collectively “Providers”). Every effort has been made to ensure that the information provided by Providers 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. Providers’ information has been compiled for use by healthcare practitioners and End-Users in the United States. Providers do not warrant that uses outside of the United States are appropriate.
Lexi-Comp’s and Multum’s drug information does not endorse drugs, diagnose patients or recommend therapy. The Providers’ product is designed to supplement, and not a substitute for, the expertise, skill, knowledge and judgment of healthcare practitioners. Healthcare practitioners should use their professional judgment in using the information provided. 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. Neither Lexi-Comp nor Multum assume any responsibility for any aspect of healthcare administered with the aid of information Lexi-Comp and its affiliates provides. The information contained herein is not intended to cover all possible uses, directions, precautions, warnings, drug interactions, allergic reactions, or adverse effects.
Lexi-Comp® Integrated™ Product End-User License Agreement
This product utilizes the Lexi-Comp® Integrated™ platform (the “Lexi-Comp Product), which contains information provided by Lexi-Comp, Inc. (“Lexi-Comp”) and/or Cerner Multum, Inc. (Multum”). The Lexi-Comp Product is a product licensed to Promed by Lexi-Comp. The Lexi-Comp Product and the “Client System” are separate products provided by separate entities. The Lexi-Comp Product is intended for use in the United States.
Promed’s use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations. Promed expressly acknowledge and agree that neither Lexi-Comp nor Multum is responsible for the results of any healthcare practitioner’s decisions resulting from the use of the Lexi-Comp Product, including, but not limited to, choosing to seek or not to seek professional medical care, or from choosing or not choosing a specific treatment based on the Lexi-Comp Product.
Every effort has been made to ensure that the information provided in the Lexi-Comp Product 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.
The Lexi-Comp Product does not endorse drugs, diagnose patients or recommend therapy. The Lexi-Comp Product 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 Lexi-Comp Product 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.
Lexi-Comp does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexi-Comp Product provides.
Disclaimer of Warranties
THE END-USER ACKNOWLEDGES THAT THE LEXI-COMP PRODUCT IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT NE DISCLAIMED AS A MATTER OF LAW, LEXI-COMP, MULTUM AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXI-COMP PRODUCT, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FRO A PARTICULAR PURPOSE.
IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE LEXI-COMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. NEITHER LEXI-COMP NOR MULTUM PROVIDE ANY CLINICAL INFORMATION NOR DO LEXI-COMP NOR MULTUM CHECK 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 LEXI-COMP PRODUCT. NEITHER LEXI-COMP NOR MULTUM WARRANT THAT USES OUTSIDE THE UNTIED STATES ARE APPROPRIATE.
The End-User acknowledges that updates to the Lexi-Comp Product are at the sole discretion of Lexi-Comp. Lexi-Comp makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Lexi-Comp Product for future releases thereof, with any computer hardware or software, not does Lexi-Comp represent or warrant the continuity of the features or the facilities provided by or through the Lexi-Comp Product between various releases thereof.
Any warranties expressly provided here in do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Lexi-Comp Product, (ii) the End-User uses, stores or installs the Lexi-Comp Product on a computer system which fails to meet the specifications provided by Lexi-Comp, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Lexi-Comp.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE LEXI-COMP PRODUCT AND CONTENT PROVIDED THEREON. NEITHER LEXI-COMP NOR MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXI-COMP PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
THE END-USER ACKNOWLEDGES THAT LEXI-COMP AND/OR MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXI-COMP PRODUCT, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT BY PERSONS OTHER THAN LEXI-COMP OR MULTUM RESPECTIVELY.
LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES 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 LEXI-COMP AND MULTUM 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 LEXI-COMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE LEXI-COMP PRODUCT 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 LEXI-COMP, MULTUM AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OR DOWN TIME, EVEN IF LEXI-COMP OR MULTUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE LEXI-COMP PRODUCT 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 SITUATIONS 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 LEXI-COMP OR MULTUM, 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 Lexi-Comp to the End-User
Under no circumstances shall Lexi-Comp, Multum, and their respective affiliates 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 Lexi-Comp Product or content of the Lexi-Comp provided thereon or any equipment furnished in connection therewith. Lexi-Comp’s and Multum’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexi-Comp under this Agreement specifically relating to the End-User’s use of the Lexi-Comp Product or product which is the subject of the claim.
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