TERMS AND CONDITIONS OF WEBSITE USAGE
Your continued use of this Website or its Programs and Content means you accept any and all changes we make.
ARCOS DOES NOT PROMISE OR GUARANTEE THAT THE WEBSITE, ITS PROGRAMS OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE, ITS PROGRAMS OR CONTENT WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, ITS PROGRAMS AND CONTENT WILL ACHIEVE SPECIFIC RESULTS OR A SPECIFIC DESIRED OUTCOME. THE WEBSITE, ITS PROGRAMS AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THIS WEBSITE, ITS PROGRAMS AND CONTENT IS SUBJECT TO CHANGE WITHOUT NOTICE. ARCOS DOES NOT, AND CANNOT, GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE, ITS PROGRAMS OR CONTENT WILL BE FREE OF VIRUSES, MALWARE, BOTS OR OTHER CONTAMINATION OR DESTRUCTIVE FEATURES. ARCOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ARCOS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, ERRORS, OMMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH, OR RELATED TO, YOUR USE OR ACCESS OF THE WEBSITE, ITS PROGRAMS AND CONTENT AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARCOS FOR DISSATISFACTION WITH THE WEBSITE, ITS PROGRAMS OR ANY CONTENT IS TO IMMEDIATELY STOP USING THE WEBSITE, ITS PROGRAMS OR ANY OF ITS CONTENT. THIS LIMITATION OF RELIEF IS INCORPORATED AS A PART OF THIS AGREEMENT.
The above disclaimer applies to any type of damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, malware, bot, or any other contamination or destructive feature, communication line failure, theft or destruction of, or unauthorized use of, or access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
As with the medical care and treatment of any person, no one can guarantee any specific or desired result. The Website, its Programs and Content do not provide medical advice or diagnose a person’s health condition. The Website, its Programs and Content are not intended to replace or be a substitute for professional medical advice, judgment, diagnosis or treatment. The Website, its Programs and Content serve only as clinical reference tools that provide initial comparative information, for informational purposes only, and are intended to be used as an adjunct to traditional medical information sources and medical judgment. The practice of medicine is a complex process that involves the synthesis of information from a multiplicity of sources. The information provided by the Website, its Programs and Content is similar to that of a textbook and is but one of the sources that may be used in establishing a diagnosis and treatment for a patient. The Website, its Programs and Content and any information provided thereby should never be solely relied upon as a verified diagnosis or plan of treatment for a person’s health condition. Arcos accepts no responsibility or liability for the correctness of any diagnosis or plan of treatment made by any person or entity based in whole or in part upon the Website, its Programs and Content, the use thereof, or any information provided thereby. The use of the Website, its Programs and Content, and reliance on any information provided thereby is solely at the user’s own risk. If a non-healthcare provider is using the Website, its Programs and Content for his or her own personal use, such person should never disregard professional medical advice or delay in seeking it based on the Website, its Programs and Content, the use thereof, or any information thereby and such person should promptly contact his or her own healthcare provider regarding any medical condition or medical question such person may have.
YOUR OBLIGATIONS FOR ACCOUNTS AND PASSWORDS
Certain features and services of the Website, its Programs and Content may require you to register as a user and open an account (including providing an email address and password). You are entirely responsible for creating the password and maintaining the safety and confidentiality of the information you hold for your account, including your password, and for any activity that occurs under your account and from your use of the Website, its Programs and Content.
Some features in the Programs and Content have been designed to allow multiple people to care for a patient. To facilitate safe continuity of care during the day, and at shift changes, you may allow another healthcare provider of your hospital or medical group, or user group, to continue to use the Programs and Content on your account without logging out and requiring the other user to log in. The tradeoff of this convenience means these Programs will not, and cannot, perform an audit trail of data entered by users. Except for this scenario, you should not allow any other person or user to access or use your account.
You agree to notify Arcos immediately of any unauthorized use or access of your account or password, or any other breach of security. You will be held liable for losses incurred by Arcos or any other user of, or visitor to, the Website, its Programs and Content due to someone else accessing or using your password or account as a result of your failure to keep your account information and password safe, secure and confidential.
Except for the scenario identified above, you may not use anyone else’s account at anytime. Arcos cannot, and will not, be liable for any loss or damage arising from your failure to comply with these obligations and requirements.
LIMITATIONS OF LIABILITY
Except where prohibited by law, in no event will Arcos, its officers, directors, shareholders, predecessors, successors-in-interest, employees, agents subsidiaries and affiliates, be liable to you, or anyone, for any direct, indirect, special, consequential, exemplary, incidental or punitive damages, including lost profits, even if Arcos has been advised of the possibility of such damages or such damages are otherwise foreseeable, including, but not limited to, personal injury or death, or loss of use, privacy, business information, data, revenue, profits, goodwill, damage to business or business relations, business interruption, procurement of substitute goods, services or facilities, economic losses or attorney fees and disbursements.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or automatic process, to access, acquire, copy or monitor any portion of the Website, its Programs and Content, or in any way circumvent or reproduce the navigational structure or presentation of the Website, its Programs and Content, to obtain, or attempt to obtain, any materials, documents or information through any means not purposely made available for your use through the Website, its Programs or Content.
You may not attempt to gain unauthorized access to any portion or feature of the Website, its Programs or Content, or any other systems or networks connected to the Website, its Programs or Content, or to any Arcos server, or to any of the services offered on, or through, the Website, its Programs or Content by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website, its Programs or Content, or any network connected to the site, nor breach the security of authentication measures on the Website, its Programs or Content ,or any network connected in any way to the Website, its Programs or Content.
You may not reverse look-up, trace or seek to trace any information on any other user or visitor to the site or any network connected to the Website, its Programs or Content, or any other customer of Arcos, including but not limited to any Arcos account not owned or legally accessed by you, to its source, or exploit the Website its Programs or Content or any service or information made available or offered by or through the Website, its Programs or Content in any way where the purpose is to reveal any information, including, but not limited to, personal identification or information, other than your own information, as provided for by the Website, its Programs or Content.
You agree not to use any device, software or routine, to interfere or attempt to interfere with the proper working of the Website, its Programs or Content, or with any other person’s access or use of the Website, its Programs or Content. In addition, you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity if you are not legally able to do so.
LINKS TO THIRD PARTY WEBSITES
Our site may contain links to other third-party websites (“Third Party Websites”) These links and Third Party Websites are provided solely as a convenience to our users and visitors. Such Third Party Websites are not under the control of Arcos and Arcos is not responsible for, and does not endorse, the content of any such Third Party Websites, including, but not limited to, any information or materials contained on those Sites.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ARCOS, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PREDECESSORS, SUCCESSORS-IN-INTEREST, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES, (INCLUDING ATTORNEY FEES), MADE AGAINST ARCOS BY ANY THIRD PARTY DUE TO, OR ARISING FROM, OR IN CONNECTION WITH, YOUR USE, OR ACCESS, OF OUR WEBSITE, ITS PROGRAMS OR CONTENT.
NO ONE MAY BECOME AN AUTHORIZED USER: A) WHO IS OR HAS BEEN THE SUBJECT OF A DEBARMENT PROCEEDING UNDER 21 U.S.C. §335a; B) WHO IS EXCLUCED FROM PARTICIPATION IN MEDICARE, MEDICAID, OR ANY OTHER FEDERAL OR STATE HEALTH CARE PROGRAM, INCLUDING ANY MILITARY HEALTHCARE SYSTEM; OR C) WHO IS THE SUBJECT OF ANY GOVERNMENT INVESTIGATION THAT COULD RESULT IN SUCH DEBARMENT OR EXCLUSION. IF A, B, OR C OCCUR, THE USE OF THE WEBSITE, ITS PROGRAMS OR CONTENT IS NO LONGER ALLOWED AND WILL BE IMMEDIATELY TERMINATED.
You may not use or export, or re-export, the Programs or Content, or any copy or adaptation of the Programs and Content, or any product or service offered on our Website, its Programs or Content in violation of any applicable regulations or laws of any local, state or federal jurisdiction, including without limitation, any United States export laws and regulations.
Arcos may make changes to any products or services on the Website, its Programs or Content at any time and without prior notice.
If you have any concerns or comments, please contact us.
Updated April 2021