This Agreement between You (You or User) and Antimicrobial Therapy, Inc. (AMT) governs use of AMT digital products whether web-based, mobile device applications or otherwise (AMT Digital Products). AMT owns and/or manages AMT Digital Products, including work that is subject to copyright protection and protected trademarks. Your use of AMT Digital Products signifies your agreement to the following Terms and Conditions. If you do not agree to these Terms and Conditions of Use, you may not access or otherwise use AMT Digital Products.
1. SUBSCRIPTION RIGHTS
1.1. Grant. AMT grants to User a non-transferable, non-exclusive right to use AMT Digital Products.
1.2. Scope of Use. User may use and access AMT Digital Products for personal and professional purposes only. User shall not use AMT Digital Products or any of its information, elements or related facilities for the benefit of third parties in a business enterprise. User shall not use AMT Digital Products or any of its information, elements or related facilities or capabilities to conduct any business or activity or solicit the performance of any activity that is prohibited by, or would violate, any applicable law, rule, regulation, agreement or legal obligation, nor to solicit or encourage others to subscribe to or use information services, facilities, goods or services, competitive with those of AMT. User agrees to comply with all laws, rules, regulations, and duties applicable to his or her use of AMT Digital Products.
1.3. Title. User understands that the license granted herein transfers neither title nor rights, except as specified herein, to the User with respect to AMT Digital Products or any information or element of AMT Digital Products.
2.1. Possible Errors. Regarding AMT Digital Products, AMT and User mutually acknowledge that data entry, communication and storage are subject to human and machine errors, omissions, delays, down time, and losses, including inadvertent loss of data or damage to media, which may give rise to loss or damage or which may prevent access to AMT Digital Products. Neither party undertakes or accepts any liability whatsoever to the other or to third parties for errors, omissions, delays, interruptions, or losses, unless caused by that party's willful misconduct.
2.2. Responsibility of Practitioner. Every effort is made to ensure the accuracy of the content of AMT Digital Products. However, the user is advised that this material could include typographical errors and/or technical inaccuracies. Current full prescribing information available in the package insert for each drug should be consulted before prescribing any product. Application of information contained in AMT Digital Products in a particular situation remains the professional responsibility of the practitioner.
2.3 Limitation of Liability. User understands and acknowledges that AMT and its editors, officers, directors, employees, suppliers and authorized agents are not responsible for and shall not be liable for errors or omissions or for any consequences allegedly arising from application of the information in AMT Digital Products, and that AMT makes no warranty, express or implied, with respect to the currency, accuracy, or completeness of the contents of AMT Digital Products.
2.4. Assumption of Risk. User hereby assumes the risk of and shall indemnify and hold harmless AMT and its editors, officers, directors, employees, suppliers, and authorized agents against any claim, injury, loss, damage or expense (including attorneys' fees), either direct or indirect, incurred, made or suffered by User in connection with or in any way arising out of the furnishing, performance, access or use of AMT Digital Products.
2.5 Monitored Use. AMT may monitor User's use of AMT Digital Products, and AMT may use for its own internal business purposes any information and materials received from User or collected through User's use of AMT Digital Products.
2.6. Changes. AMT may change, suspend, or discontinue any aspect of AMT Digital Products at any time, including the availability of any feature, tool or content found in or utilized by AMT Digital Products. User will have access to all parts of AMT Digital Products that AMT makes available for use by subscribers.
2.7. Professional Audience. AMT Digital Products are medical reference tools intended for use by healthcare professionals. AMT Digital Products are not prepared, designed or intended for consumer use.
3. SANFORD GUIDE COPYRIGHTS AND TRADEMARKS
3.1. Copyright. All screens, including graphics, text elements, and this notice, that are displayed in normal operations of AMT Digital Products are protected under the copyright laws of the United States of America and international conventions; all rights under those laws and conventions, including, without limitation, reproduction, derivative works, distribution and display, are reserved by AMT and/or the content owner if other than AMT.
3.2. Trademark. All trademarks, product names, logos directly or incidentally mentioned herein remain the trademarks of their respective owners.
4.1. Disclaimer. THE SERVICE AND CONTENT FROM OR THROUGH AMT DIGITAL PRODUCTS ARE PROVIDED AS-IS AND AS AVAILABLE, AND AMT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AMT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN AMT DIGITAL PRODUCTS OR ANY MATERIALS OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT AMT DIGITAL PRODUCTS OR THE SERVERS THAT MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMT SHALL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM USE OF AMT DIGITAL PRODUCTS (INCLUDING DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES, AT THE SITE OR IN THE SERVER THAT MAKES IT AVAILABLE) REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.
4.2 Capacity. User represents and warrants that he/she has obtained all consents and approvals necessary to enter into this Agreement, including, as applicable, any necessary permission of User's employer. User represents and warrants that he or she is at least 18 years of age and has all the necessary power, competence, and authority to enter into this Agreement.
5. GENERAL TERMS
5.1. Amendment. AMT may, in its sole discretion, change, modify, add or remove any portion of this Agreement at any time, and it may discontinue, add to or otherwise modify the service provided under this Agreement. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service on AMT Digital Products or upon notification to You by e-mail. You agree to review the AMT Digital Products periodically, including the current version of this Agreement available on AMT Digital Products, to be aware of any such revisions. If You do not agree with any revision to the Agreement, You may terminate this Agreement at any time by providing AMT with notice by electronic mail using this link. Notice of your termination will be effective on receipt and processing by AMT Any fees paid by User if User terminates this Agreement with Antimicrobial Therapy, Inc. are nonrefundable. By continuing to use AMT Digital Products after any revision to this Agreement or change in service, You agree to abide by and be bound by any such revisions or changes.
5.2. Waiver. No provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach of the other party, whether express or implied, shall not constitute a consent to, waiver of, or excuse for any different or subsequent breach. The exercise by either party of the rights of termination set forth in this Agreement shall not be deemed to constitute a waiver of any other rights or remedies available to either party for a violation of the terms of this Agreement or under applicable law.
5.3. Binding Effect. This Agreement shall be binding upon and inure to the benefit of AMT and User and their respective legal representatives, successors, and authorized assigns.
5.4. Severability. If any provision of this Agreement shall be prohibited or unenforceable by any applicable law, the provision shall be ineffective only to the extent and for the duration of the prohibition or unenforceability, without invalidating any of the remaining provisions.
5.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in the Commonwealth of Virginia.
5.6. Entire Agreement. This Agreement constitutes the entire agreement between AMT and User with respect to the subject matter of this Agreement and supersedes all earlier agreements and understandings, oral and written, between the parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS OF USER AND THAT YOU ACCEPT THE TERMS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT BECOME A SUBSCRIBER AND ACCESS OR OTHERWISE USE AMT DIGITAL PRODUCTS.