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    Terms and Conditions for Use

    Our Health Information:

    All health-related information provided via California Pacific Medical Center's Learning About Your Health Web site and its HealthWise affiliation, is intended to educate and inform visitors about illnesses and conditions and ways to maintain optimum health. It is not intended to diagnose personal physical conditions and is not a substitute for consulting with one's own personal health care provider. If you have specific health-related questions, or any questions related to treatment or the risks and benefits of the treatment mentioned on this Web site, please direct these questions to your own personal health care provider.

    Our health-related information is derived from two primary sources:

    1. Our California Pacific Medical Center staff, and California Pacific Medical Center-aligned physicians and medical experts. Information posted on the site, such as our preventive health guidelines, have been reviewed and approved by clinical leadership groups within the California Pacific Medical Center network.


    2. Our affiliation with HealthWise. The bulk of our health information and education material is provided by HealthWise. You can learn more about the HealthWise Knowledgebase by visiting their website here.
    BY VIEWING OUR WEB SITE HEALTH INFORMATION, YOU ARE AGREEING TO THE FOLLOWING TERMS AND CONDITIONS AND THE ADDITIONAL TERMS AND CONDITIONS OF USE SET FORTH WITH RESPECT TO HEALTHWISE WITH RESPECT TO THE HEALTH TOPICS INFORMATION PROVIDED AT THIS SITE AND CERNER MULTUM ("MULTUM") WITH RESPECT TO THE DRUG GUIDE INFORMATION PROVIDED AT THIS SITE:

    Limitations and Restrictions

    The information provided on this Web site is not intended and shall not be taken to be the provision or practice of medical, nursing or healthcare diagnosis, advice or services. The information provided by this Web site is not intended to constitute the practice of “telemedicine” as defined by California Business and Professions Code Section 2290.5. The California Pacific physicians cannot and will not provide a diagnosis or participate in the patient's care through this Web site. Neither access to this Web site nor communication via this Web site creates a physician-patient relationship.

    Although California Pacific Medical Center will make reasonable efforts to assure the accuracy of the health information provided on this Web site, it makes no warranties, representations, or endorsements, express or implied, about the accuracy, completeness, correctness, or appropriateness for a particular purpose of any of the opinions, advice, services, merchandise, or other information provided through this Web site. Site users shall assume full responsibility for using the information provided at this site, and acknowledge and agree that California Pacific Medical Center is neither responsible nor liable for any claim, loss, or damage resulting from its use. The physician authors of the materials appearing on this Web site are licensed to practice medicine in California.

    Any reference or mention of specific products or services on this site does not constitute or imply a recommendation or endorsement by California Pacific Medical Center.

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    Modifications

    Information on this Web site may be changed or updated without notice. Information contained on this site may become outdated. California Pacific Medical Center does not assume any obligation to update information on this website.

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    Copyright Notice

    California Pacific Medical Center reserves all rights in the copyright for all information, reports, documents, and photographs appearing on this site. A single copy of the materials at this site may be printed for noncommercial personal use. Any other use or reproduction by any means of all or any portion of these materials for any purpose without the prior written consent of California Pacific Medical Center is strictly prohibited and is illegal.

    Requests for permission to use or make copies of any part of these materials should be addressed to:

    California Pacific Medical Center
    Health Education Initiative
    P.O. Box 7999
    San Francisco, CA 94120

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    Agreement

    CALIFORNIA PACIFIC DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE HEALTH INFORMATION, OPINIONS, ADVICE, OR OTHER INFORMATION PROVIDED ON THIS WEB SITE. IN NO EVENT SHALL CALIFORNIA PACIFIC BE LIABLE TO THE USER FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OR ANYONE ELSE IN RELIANCE UPON THE MATERIALS PROVIDED ON THIS WEB SITE. IN NO EVENT SHALL CALIFORNIA PACIFIC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OR RELATING IN ANY WAY TO THIS WEB SITE OR THE SITES LINKED TO THIS SITE, OR THE INFORMATION CONTAINED THEREIN. THE SOLE AND EXCLUSIVE REMEDY OF ANY USER WHO IS DISSATISFIED WITH THIS SERVICE IS TO STOP USING THIS SERVICE.

    The agreements regarding the use of this site (collectively, the “Agreement”) are entered into and performed in the State of California, United States of America, and are governed by and shall be construed in all respects under the laws of the State of California, exclusive of its choice or law or conflicts of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to this Web site, the parties agree to submit to personal jurisdiction and exclusive venue in the federal and state courts located in and serving San Francisco County, California in any litigation of a dispute arising under this Agreement.

    In the event that any provision of this Agreement shall be deemed contrary to law or invalid or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that such provisions reasonably still can be given effect in accordance with the intentions of the parties, and the invalid and unenforceable provisions shall be deemed, without further action on the part of the parties, modified, amended, and limited solely to the extent necessary to render the same valid and enforceable. You are not authorized to access this Web site if you are located in any jurisdiction where doing so would void this Agreement, in whole or in part, or where such access or the provision of the information provided on this site would be illegal.

    The foregoing terms and conditions for use and the additional agreements set forth in the End User Agreement for Health Information and Drug Guide for HealthWise Health Information, set forth below, contain the entire understanding of the parties hereto with respect to the subject matter hereof,and supersede and terminate any and all obligations under all prior agreements and understandings, oral or written, between them as to such subject matter.


    End-User Agreements for Health Information and Drug Guide

    This disclaimer pertains to the HEALTHWISE Knowledgebase medical information software which includes, but is not limited to, the Diagnosis-Based Topics and the Symptom-Based Topics.

    Medical information in the Proprietary Health Information of the Software is based on current medical literature and on physician review. However, use of the Proprietary Health Information is not intended to replace the advice of a doctor. The Proprietary Health Information is intended to help people make better health care decisions and take a greater responsibility for their own health.

    YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT HEALTHWISE, ITS SUPPLIERS, LICENSEES AND SUBLICENSEES ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR DECISIONS RESULTING FROM THE USE OF THE TEXT, INCLUDING, BUT NOT LIMITED TO, YOUR CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR YOUR CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON THE TEXT.

    Multum Drug Guide

    The Service is for use by United States and Canadian residents only. The Service is a service provided to you by Cerner Multum ("Multum"). The Service and the "Healthwise Knowledgebase" are separate products provided by separate entities.

    Every effort has been made to ensure that the information provided in the Service 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 Service does not endorse drugs, diagnose patients, or recommend therapy. The Service 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 Service 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.

    Multum does not assume any responsibility for any aspect of healthcare administered with the aid of information the Service provides.

    Disclaimer of Warranties

    THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, MULTUM 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 SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    The END-USER acknowledges that updates to the Service are at the sole discretion of Multum. Multum makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does Multum represent or warrant the continuity of the features or the facilities provided by or through the Service 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 Service, (ii) the END-USER uses, stores or installs the Service on a computer system which fails to meet the specifications provided by Multum, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Multum.

    Assumption of Risk, Disclaimer of Liability, Indemnity

    THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

    THE END-USER ACKNOWLEDGES THAT MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY THE END-USER TO THE SERVICE.

    MULTUM 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 MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEY'S FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE 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 MULTUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF MULTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS AND OTHER HEALTHCARE PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND 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 Multum to the END-USERS

    Under no circumstances shall Multum 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 Service or the content of the Service provided thereon or any equipment furnished in connection therewith. Multum's total liabilities in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Multum under this Agreement specifically relating to the END-USER's service or product which is the subject of the claim.

    Date last updated: 06/13/01

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