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Terms and conditions of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site!

Boots UK Limited ("Boots") and WebMD UK Limited ("WebMD") (hereinafter, collectively the "Companies", "us", "we" or "our") may revise and update these Terms and Conditions at any time. Your continued usage of the website ("Site") will mean you accept those changes.

INDEX

The Site does not provide medical advice
Children's privacy
Use of content
Liability of the Companies and their licensors
User submissions
User submissions — image, video, audio files
Passwords
Member to member areas ("public areas")
Advertisements, searches, and links to other sites
Indemnity
General
Jurisdiction
Notice and takedown procedures; and copyright agent
Complete agreement

The Site does not provide medical advice

The contents of the Site, such as text, graphics, images, information obtained from our licensors, and other material contained on the Site ("Content") are for information purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your doctor or other qualified health professional with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the site!

If you think you may have a medical emergency, call 999 or your doctor immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk.

The Site may contain health- or medical-related materials that are of a sexual nature. If you find these materials offensive, you may not want to use our Site.

Children's privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of content

We authorise you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright © 2009 Boots UK Limited and WebMD UK Limited. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both English, United States and other laws. Title to the Content remains with us or our 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 features are subject to change or termination without notice in our editorial discretion. All rights not expressly granted herein are reserved to us and our licensors.

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 the Companies and their licensors

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

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of us and our suppliers. Accordingly, we assume 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 Site.

The Site and the Content are provided on an "as is" and "as available" basis and do not constitute medical advice. THE COMPANIES, THEIR LICENSORS, AND THEIR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDE ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.

The Companies’ liability for direct loss arising out of the use of this Site is limited to the total value of the transaction under which the claim arises for any one event or series of connected events, except in relation to liability for death or personal injury, for which no limit applies.

In no event shall either Company or their suppliers be liable for any, indirect, incidental, special, or consequential damages arising out of or in any way connected with any loss or damage resulting or arising from any non-availability or use of the Site or of any other website linked to it, or from reliance on the Contents or any material or content accessed through it.

Although the Companies use reasonable endeavours to maintain the Site, without limiting the foregoing, the Companies, their licensors, and its suppliers make no representations or warranties about the following:

  1. The availability, accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Site or any website that may be accessed from it.
  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 Site or any website that may be accessed from it.

You should ensure that you have appropriate protection against viruses and other security arrangements in place whilst visiting the Site.

User submissions

The personal information you submit to us is governed by our Privacy Policy. By submitting your details you consent to us maintaining, recording, holding and using your personal information in accordance with that policy. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, Ask Our Expert postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to us by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to us by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to us by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to us. We try to answer every email in a timely manner, but are not always able to do so.

User submissions — image, video, audio files

You agree to only post or upload Media (like photos, videos or audio) 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 Site, 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.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the Advertising Policy and the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.

By uploading any media like a photo or video, (a) you grant to each of Boots and WebMD a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorises each of us to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify each of us and our affiliates, directors, officers and employees and hold us and them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

We reserve the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.

Passwords

We have several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorised person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorise, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant each of Boots and 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. Neither Boots nor WebMD can 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 the Site’s tools and services.

Member to member areas ("public areas")

If you use a Public Area, such as a chat room, message boards, blogs or community Ask Our Expert posting or other member communities, 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. Neither Boots nor WebMD, or any of their licensors are responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local Police force immediately. If you think you may have a medical emergency, call 999, NHS Direct or your doctor. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

  1. Using a Public Area for any purpose in breach of local, 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 us in our 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 or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
  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 Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of the Companies, exposes us or any of our customers or suppliers to any liability or detriment of any type.

We reserve the right (but are not obliged) 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 that 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 Site upon any breach of these Terms and Conditions.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Neither Boots nor WebMD, or any of their licensors have any liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities

Advertisements, searches, and links to other sites

We may provide links to third-party web sites. We also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and do 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. We do not endorse any product, service, or treatment advertised on the Site.

Indemnity

You agree to defend, indemnify, and hold WebMD, Boots, and their 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, your breach of these Terms and Conditions.

General

WebMD and Boots are based in the United Kingdom with offices in England. We make no claims that the Site and the Content are appropriate or may be downloaded outside the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United Kingdom, 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 Boots, or in any way relating to your use of the Site, resides in the courts of England and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of England in connection with any such dispute including any claim involving Boots, or WebMD or their affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the laws of England 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

You agree to defend, indemnify and hold the Companies, their 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, your violation of these Terms and Conditions.

  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 authorised 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 authorised 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 authorised to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorised representative.

The Site’s agent for copyright issues relating to this web site is as follows:

WebMD UK Limited.
Attn: Boots WebMD Copyright Agent
1 Thane Road West
Nottingham
NG2 3AA
United Kingdom

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete agreement

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

©2009 Boots UK Limited and WebMD UK Limited. All rights reserved.