Your use of Subimo.com (the "Web Site") is subject to the following Terms and Conditions of Use. Subimo may revise these terms from time to time by updating this posting, with the revised terms taking effect as of the date of its posting. You should review these terms and conditions every time you use the Web Site and its products and services ( "Subimo Services ") because they are binding upon you.

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

By using the Web Site, you signify your assent to these terms of use. If you do not agree to these Terms and Conditions of Use, you may not use the Web Site.

General Disclaimer: Subimo Does Not Provide Medical Advice: THE CONTENT ON THE WEB SITE IS PRESENTED IN SUMMARY FORM, IS GENERAL IN NATURE, AND IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED IN ANY WAY TO CONSTITUTE PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER FOR ANSWERS TO ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH SUBIMO OR THE WEB SITE IS INTENDED TO BE RELIED UPON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE.

Subimo does not recommend or endorse any specific providers (including, but not limited to, hospitals and physicians), surgeries, tests, products or procedures that may be mentioned on the Web Site. Any opinions expressed on the Web Site are the opinions of the individual authors, not of Subimo. Subimo does not assume any liability for the contents of any material provided on the Web Site. Reliance on any information provided by Subimo, contributing authors or other visitors to the Web Site is at your own risk. Subimo assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea or instruction contained in materials provided to you. Subimo reserves the right to change or discontinue at any time without notice any aspect or feature of the Web Site.

Honoring Subimo Copyrights: The Web Site is maintained for your personal information and education. You may download on one computer or print one copy of the material on Subimo.com for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, photographs, illustrations, icons, texts, video clips, written and other materials) ("Subimo Material") is copyrighted and protected under treaty provisions and worldwide copyright laws, unless otherwise noted, by Subimo. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, report or otherwise use any Subimo Material in any way for any public or commercial purpose. None of the Subimo Material may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Subimo, except that you may reproduce limited excerpts of the data for personal use only, provided that each such copy contains a copyright notice as follows: Copyright © 2006, Subimo, LLC.

Furthermore, you may not use or display Subimo Material on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use Subimo Material will automatically terminate and you must immediately destroy any copies you have made of Subimo Material. Any unauthorized use of Subimo Material by you may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subimo will aggressively pursue all avenues to protect its rights.

Honoring Supplier Copyrights: Some of the information incorporated in the Subimo Services is supplied by other companies ("Third Party Material"). The owner of the Third Party Material (the "Third Party") is identified on the Web Site by the phrase, ãSource:ä and the Third Partyâs name. You shall not copy, store, attempt to store, use, gather, manipulate, read, process, or otherwise replicate the Third Party Material, for any purpose other than the purpose expressly provided for in this Terms and Conditions of Use. You must comply with all restrictions, conditions and terms relating to the Third Party Material and its use that are imposed by us and the Third Party. In addition to these restrictions, you may not promote or utilize any Third Party Material without permission from Subimo or from the Third Party. Also, you may not use the Third Party Material for paying claims, creating fee schedules, or negotiating contracts.

Respect for Others: Subimo may provide chat rooms, message boards and other community forums ("Community Forums") on the Web Site. If you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. Subimo does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the Web Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:

• Disrespecting the privacy and views of others;
  
• Using the Web Site for commercial purposes, including the promotion of any specific goods or services;
  
• Posting obscene, defamatory, harmful or knowingly false information;
  Using the Web Site for unlawful purposes;
  
• Impersonating another person;
  
• Allowing any other person or entity to use your identification to post or view comments; and
  
• Posting material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.

Your Submissions: Subimo reserves the right to record dialogue in Community Forums. Subimo does not screen communications in advance and is not responsible for screening, editing, or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, Subimo may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. Subimo reserves the right to remove without notice communications that are abusive, illegal, disruptive or that otherwise fail to conform with these Terms and Conditions of Use. In addition to the removal rights described above, Subimo reserves the right to terminate without notice a userâs access to any or all Community Forums upon the user's breach of these Terms and Conditions of Use. Subimo reserves the right (but is not obligated) to edit or delete without notice to the author any communications posted on the Web Site, regardless of whether such communications violate these standards for content.

Furthermore, Subimo reserves the right (but is not obligated) to monitor, edit or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions of Use, if required in the course of normal operations and maintenance of the Web Site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of Subimo or others; or (iii) act in an emergency to protect the personal safety of our users or the public. SUBIMO HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.

Subimo does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.

Through your use of the Subimo Community Forums, you are agreeing to all of the aforementioned Terms and Conditions of Use for such Community Forums contained herein.

The following three paragraphs apply only to chat rooms and bulletin board postings and comments.

Chat room and bulletin board postings and comments will be treated as non-confidential and non-proprietary by Subimo.

By posting comments, you automatically grant Subimo a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications alone, or as a part of other works in any form, media or technology whether now known of hereafter developed and to sublicense such rights to anyone.

Anything you transmit or post to a bulletin board or chat room may be used by Subimo or licensed to others by Subimo for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Privacy: Some of Subimo's tools are designed to help users determine which health care providers best meet their needs based on supplied criteria. Subimo may record your selections, but will not release any personally identifiable information associated with your selections. Also, from time to time, Subimo may solicit your opinion and request that you complete a questionnaire to assist Subimo and our partner companies in research and development. Subimo analyzes aggregate and non-personally identifiable data relating to usage of this site. E-mail addresses and other personally identifying data about you is only made known to Subimo and our partners when voluntarily submitted to us by you. Please read the Subimo Privacy Policy located on the Web Site for additional provisions.

Disclaimer of Warranties and Consequential Damages: Subimo does not warrant that the functional aspects of the Web Site or other Subimo Services will be error-free or that Subimo or the server that makes it available are free of viruses or other harmful components. If your use of Subimo or Subimo Material results in the need for servicing or replacing property, material, equipment or data, Subimo is not responsible for those costs.

You acknowledge that in connection with the Subimo site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Subimo and its suppliers. Accordingly, Subimo 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 Web Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE, INCLUDING ALL SUBIMO SERVICES, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUBIMO AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SUBIMO MATERIAL, SOFTWARE TEXT, GRAPHICS, AND LINKS OR THE SUBIMO SERVICES, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR THE SUBIMO SERVICES. SUBIMO AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEB SITE SATISFIES GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Trademark Notice: Subimo, Subimo.com, Healthcare Advisor, Hospital Advisor, PharmaAdvisor, Coverage Advisor, Treatment Cost Advisor, and Physician Selection Advisor are the trademarks or registered trademarks, logos or service marks of Subimo, LLC. Other names of products and/or services referenced herein or displayed on the Web Site are trademarks, or registered trademarks, logos, company names or service marks, of their respective owners, including Subimo, LLC.

Nothing contained on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Web Site without the written permission of Subimo or such third party who owns the trademark. Your misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.

Copyright Notice: All contents of the Web Site are Copyright © 2006 Subimo LLC. and/or its suppliers. All rights reserved.

Links: On this site you may be offered links to other sites operated by parties other than Subimo. The inclusion of any link to such sites does not imply endorsement by Subimo of the sites. Subimo has not reviewed all of the sites linked to the Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Web Site. Your linking to any other off-site pages or other sites is at your own risk and is subject to the terms and conditions of use of such sites.

Limitation of Liability: IN NO EVENT SHALL SUBIMO, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SUBIMO SITE, THE CONTENT OF THE WEB SITE, OR ANY OTHER SUBIMO SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUBIMO IS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SUBIMO SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Indemnification: You agree to defend, indemnify and hold Subimo, its officers, directors, employees and 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 use of the Subimo Materials, the Community Forums, or any other Subimo Service in a manner that violates or is alleged to violate these Terms and Conditions of Use. Subimo shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

General Provisions: Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting products and services of Subimo and its affiliates. Subimo, LLC controls and operates the Web Site from its headquarters in River Forest, Illinois, and from other locations and makes no representation that Subimo Material is appropriate or available for use in other locations and at all times. If you use the Web Site from other locations, you do so at your own risk and are responsible for compliance with applicable local laws, keeping in mind that access to Subimo Material or Subimo Services may not be legal by certain persons or in certain countries. Subimo products and services are available in many parts of the world. However, Subimo may describe products or services that are not available worldwide.

Termination: You agree that Subimo may terminate your use of the Web Site, the Community Forums, or any other product or service of Subimo if Subimo reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Subimo or any third party, or for any reason with or without notice to you. You agree that Subimo may modify or discontinue the Web Site, with or without notice to you. You agree that Subimo.com will not be liable to you or any third party as a result of such modification or discontinuation.

Survival: The provisions entitled "Your Submissions" "Disclaimer of Warranties and Consequential Damages" "Limitation of Liability," "Indemnification" and "General Provisions" will survive termination of this agreement.

Jurisdiction: You expressly agree that exclusive jurisdiction for any dispute with Subimo, LLC, or in any way relating to your use of the Web Site ("Legal Action"), resides in the courts of Cook County, State of Illinois, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Illinois in connection with any such dispute, including any claim involving Subimo, or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in Illinois. These Terms and Conditions of Use are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of law principles. If any provision of these Terms and Conditions of Use 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 of Use, which shall remain in full force and effect. No waiver of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any cause of action you may have with respect to Subimo must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Complete Agreement: Except as provided in a particular "Legal Notice" on the Web Site, these Terms and Conditions of Use constitute the entire agreement between you and Subimo with respect to the use of the Web Site and any content contained therein.

Notice: Subimo may deliver notice to you under these Terms and Conditions of Use by means of electronic mail, a general notice of Subimo, or by written communication delivered by first class U.S. mail to your address on record in Subimo's account information. You may give notice to Subimo at any time via electronic mail to Subimo or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:

WebMD Health Services
2701 NW Vaughn Street, Suite 700
Portland, Oregon 97210

Updated: July 2007