Terms and Conditions of Use

Title to the Content remains with WebMD or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and other features are subject to change or termination without notice in the editorial discretion of WebMD. All rights not expressly granted herein are reserved to WebMD and its licensors. Certain Content on this Site is licensed under U.S. Patent No. 6,585,516.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of WebMD and Its Licensors

The use of the WebMD Site and the Content is at your own risk.

When using the WebMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WebMD and its suppliers. Accordingly, WebMD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WebMD Site.

The WebMD Site and the Content are provided on an "as is" basis. WEBMD, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, WebMD, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, links, or communications provided on or through the use of the WebMD Site or WebMD.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the WebMD Site.

In no event shall WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the WebMD Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site are advised of the possibility of such damages. WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. WebMD, its licensors, its suppliers, or any third parties mentioned on the WebMD Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Content and Submissions

The personal information you submit to WebMD is governed by the WebMD Privacy Policy. To the extent there is an inconsistency between this Agreement and the WebMD Privacy Policy, this Agreement shall govern.

The Site contains functionality and other interactive areas, including blogs, user reviews of drug information, user reviews on the Physician Directory, etc. (collectively "Public Areas") that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively "Social Media Platforms"). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. By submitting communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms and Conditions and other applicable polices, such as our Reviews Guidelines.  WebMD reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms and Conditions or our other policies, such as our Reviews Guidelines. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that WebMD is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

User Submissions — Image, Video, Audio Files

You agree to only post or upload media (like photos, videos, or audio) on the WebMD Site or a Social Media Platform that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the WebMD Site or a Social Media Platform, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

Passwords

WebMD has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your WebMD passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your WebMD account and password; (3) promptly inform WebMD if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, use the "Contact Us" links located at the bottom of every page of our site. You grant WebMD and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. WebMD cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using WebMD tools and services.

User Content Guidelines

If you use, or post User Content on, a Public Area such as blogs, or our Physician Directory, or post on any Social Media Platform, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas or on the Social Media Platforms. WebMD and its licensors are not responsible for the consequences of any communications in the Public Areas or on Social Media Platforms. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1. Using a Public Area or Social Media Platform for any purpose in violation of local, state, national, or international laws;
2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WebMD in its sole discretion;
4. Posting advertisements or solicitations of business;
5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
6. Posting chain letters or pyramid schemes;
7. Impersonating another person;
8. Distributing viruses or other harmful computer code;
9. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
10. Allowing any other person or entity to use your identification for posting or viewing comments
11. Posting the same note more than once or "spamming"; or
12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of WebMD, exposes WebMD or any of its customers or suppliers to any liability or detriment of any type.

Reviews posted on the Physician Directory are further subject to the WebMD Reviews Guidelines.

WebMD Reserves the Right (but is Not Obligated) to Do Any or All of the Following:

1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the WebMD Site upon any breach of these Terms and Conditions.
5. Monitor, edit, or disclose any communication in the Public Areas or on a Social Media Platform.
6. Edit or delete any communication(s) posted on the WebMD Site, regardless of whether such communication(s) violate these standards.

WebMD or its licensors have no liability or responsibility to users of the WebMD Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

WebMD may provide links to third-party web sites. WebMD also may select certain sites as priority responses to search terms you enter and WebMD may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. WebMD does not recommend and does not endorse the content on any third-party websites. WebMD is not responsible for the content of linked third-party sites, sites framed within the WebMD Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WebMD does not endorse any product, service, or treatment advertised on the WebMD Site. For more information, read our Advertising Policy and our Sponsor Policy.

Indemnity

You agree to defend, indemnify, and hold WebMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Site, (b) any User Content you post or upload, (c) your use of or reliance on any User Content, or (d) your violation of these Terms and Conditions.

General

WebMD is based in New York, New York, in the United States of America with principal offices in New York, New York and Atlanta, Georgia. WebMD makes no claims that WebMD, WebMD Health Manager, or any Site within the WebMD Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the WebMD Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with WebMD, or in any way relating to your use of the WebMD Site, resides in the courts of the State of Georgia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Georgia in connection with any such dispute including any claim involving WebMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting WebMD's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the WebMD Site, these Terms and Conditions and the WebMD Privacy Policy constitute the entire agreement between you and WebMD with respect to the use of the WebMD Site, and Content.

Thank you for your cooperation. We hope you find the WebMD.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: WebMD, LLC Office of Privacy, 1201 Peachtree Street NE, 400 Colony Square, Suite 2100, Atlanta, GA 30361.

WebMD Health Manager: Questions or comments regarding the WebMD Health Manager web site, including any reports of non-functioning links, should be directed by email via our online web form in the Health Manager or by U.S. Mail to WebMD Customer Service, 520 NW Davis, Suite 300, Portland, OR 97209 Attn: WebMD Health Manager Member Services. We try to answer every email in a timely manner but due to volume may not always be able to do so.