1. PERMISSIBLE PURPOSES: The IMS site includes information, articles, and other content pertinent to IMS in particular and to the medical services industry in general. Users may view, copy, download, and print this information and other materials from the IMS site (a) solely for personal, informational purposes; and (b) provided that the materials are not altered or modified. You agree not to upload onto or transmit to or via the IMS site any information or other content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, or other proprietary right; (ii) is defamatory, is libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, is obscene, or exploits a minor; (iv) contains or embodies a virus or other contaminating or destructive feature; or (v) otherwise violates any law or regulation.
3. NO PROFESSIONAL ENGAGEMENT: No part of the IMS site is intended to provide or should be construed as providing any professional medical advice, diagnosis, or treatment of any kind. Nothing herein constitutes a physician-patient relationship. Qualified health care providers should be consulted regarding any health or medical conditions or concerns.
5. LINKS TO IMS SITE: Any entity wishing to include on its website a link to the IMS site must do so only with the prior written consent of IMS, which shall not be unreasonably withheld providing that the link leads solely to the homepage of the IMS site and that the linking entity’s website does not contain any content that infringes on any property right of IMS or any other third party, and that the linking entity’s website does not contain any defamatory, libelous or offensive or unlawful material. Neither your link nor any other content on your site may suggest that your site is affiliated with IMS in any way. IMS reserves the right to revoke at any time any consent it may grant to any linking entity, at IMS’s sole discretion.
6. DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE IMS SITE, AND ANY CONTENT AND/OR SERVICES CONTAINED ON OR ACCESSIBLE VIA THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH CONTENT AND/OR SERVICES ARE PROVIDED BY IMS ON AN “AS IS” AND “AS AVAILABLE” BASIS. IMS DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION, AND USE OF THE IMS SITE OR THE CONTENT OR SERVICES PROVIDED VIA THE SITE. FURTHER, IMS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE IMS SITE IS ACCURATE, COMPLETE, OR CURRENT. IMS IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON ITS SITE, OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM RELIANCE UPON ANY ASPECT OF THE SITE. IMS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE IMS SITE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL IMS OR ITS AFFILIATES OR ANY EMPLOYEES, AGENTS, OR REPRESENATIVES OF IMS OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND REGARDING THE IMS SITE. THESE INCLUDE DAMAGES ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE, OR IMPROPER USE OF THE IMS SITE. THESE ALSO INCLUDE BUT ARE NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR REVENUE; BUSINESS INTERRUPTION; OR LOSS OF DATA. THESE PROVISIONS APPLY EVEN IF USERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
7. INDEMNIFICATION: You agree to indemnify and hold IMS, its employees, agents, owners and affiliates, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs, and expenses (including without limitation reasonable attorneys’ fees and court costs) arising from or in connection with your use of the IMS site.