Diabetesneweragents.co.uk - Terms of use agreement

Effective as of 20 March, 2009

PLEASE READ AND REVIEW THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By using this Web site, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.

Welcome to diabetesneweragents.co.uk (the "Web site"). This Web site is owned and operated by Merck Sharp & Dohme Limited ("MSD"), a company incorporated in England and Wales and a member of the Merck & Co., Inc, ("Merck") of Whitehouse St, NJ, USA group of companies.
Diabetesneweragents.co.uk offers this Internet resource to duly licensed healthcare professionals in the United Kingdom. If you are not based in the UK, MSD makes no representation that material in this Web site is appropriate for use in other locations.
This Web site (diabetesneweragents.co.uk), and its contents are governed by English law.

1. Acceptance. By using this Website, you agree to be bound by, and to comply with the terms of use set forth in this agreement. MSD reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they became effective, within the current agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.
   
2. Scope. The terms of use set forth in this agreement apply only to your use of this Web site. MSD, its parent company, Merck and their respective affiliates, businesses and divisions operate other websites that are covered by their own conditions as specified within those sites. When we refer to "MSD" we mean the pharmaceutical business of MSD.
   
3. Description of Service. This Website includes resources and information for healthcare professionals which may include slides, educational materials, and other resources. All information contained within the Web site is intended only for adults who are duly licensed healthcare professionals in the United Kingdom. The information contained within this Website , while intended to be accurate, balanced, fair, objective, unambiguous and up-to-date, is in no way intended to serve as a substitute for your own medical judgment and commentary and other materials posted on this Web site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to this Web site or by anyone who may be informed of any of its content. As a healthcare professional, you should use your own professional judgment in evaluating the information provided within this Web site. We also recommend that you consult with other professional sources and references prior to making any evaluation or treatment decisions.
   
4. Use. You may print off one copy, and may download extracts, of any page(s) from this Web site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on this Web site must always be acknowledged. You must not use any part of the material on this Web site for commercial purposes. If you print off, copy or download any part of this Web site in breach of these terms of use, your right to use this Web site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You may not establish a link to the Web site from any other website.
   
5. Service Access. Access to this Web site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on this Web site without notice. We will not be liable if for any reason this Web site is unavailable at any time or for any period.
   
6. Representation. As a user of this Web site, you are liable for the accuracy of the information that you provide to us, including, but not limited to your GMC, NMC or RPS registration and licence number and your professional representation.
   Should you respond with information including feedback or data such as questions, comments, suggestions or the like regarding the content of this Web site, such information shall be deemed to be non-confidential and MSD shall have no obligation of any kind with respect to such information and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.
   
7. Registration and Privacy. Certain areas of this Web site are only intended for use by a healthcare professional and, accordingly, access to promotional material is limited to those people who have confirmed they are healthcare professionals. Please refer to our Internet Privacy Policy for information on how MSD protects your personal information.
   
8. Links to Other Web sites. diabetesneweragents.co.uk may contain links to other MSD and non-MSD Internet Web sites. MSD assumes no responsibility for the content of non-MSD Internet Web sites to which we provide links.
   
9. Third Party Content. This Web site may contain information brought to you by third parties. The Website also provides links to other Internet websites. Notice of this information is provided throughout the Web site. MSD assumes no responsibility for information provided by third parties or the content of other non-MSD Internet sites to which we provide links. Those Internet websites are governed by their own terms of use displayed on the respective websites.
   
10. Intellectual Property. All material on this Web site is copyright of Merck Sharp & Dohme Limited or it has been specifically granted permission to use such material except where expressly stated otherwise. Reproduction of part or all of the contents in any form is prohibited other than in accordance with paragraph 4 above.
    
11. Disclaimer of Warranties. The material displayed on this Web site is provided without any representations, conditions or warranties as to its accuracy. To the extent permitted by law, MSD, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including, without limitation, the warranties of satisfactory quality, fitness for a particular purpose, use of reasonable care and skill and non-infringement of proprietary rights.
    Use of this Web site is at the risk of the user and MSD accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this Web site.
    
12. Liability. MSD hereby excludes all liability for any claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of this Web site or the information, content or materials included on this Web site. While MSD tries to ensure that content provided by this Web site is correct at the time of publication no responsibility is accepted by MSD for any errors, omissions or inaccurate content on the Web site. Nothing in these terms of use excludes or limits MSD's liability for death or personal injury caused by MSD's negligence (or that of its employees, agents or directors), or MSD's liability for fraudulent misrepresentation, or any other liability which may not be limited or excluded by law.
    
13. Consequences. MSD reserves the right to suspend or terminate your use of this Web site  for any reason at any time without notice. If your breach causes harm to others, you agree to indemnify and hold MSD harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this agreement or your use of this Web site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to binding arbitration conducted in England in accordance with the Rules of the International Arbitration Association. The arbitration award shall be final and binding, and it may be confirmed and enforced in any court of competent jurisdiction in England and Wales. Each party shall pay for all legal fees it incurred in connection with the arbitration and shall share equally in the costs of the arbitration.