Terms of Use
(Last updated 6th September 2021)
The following Terms of Use govern and apply to your access and use of our website (pathway.md) (the “Site”) and our software (the “Software”), as well as the service provided through the Site and Software (the “Service”). By accessing or using our Site, Software, or Service (collectively “Pathway”), you signify your agreement to these Terms of Use. This is a contract (the “Agreement”) between you (the “User” or “you”) and Pathway Medical Inc. (the “Company” or “we”).
We respect the privacy of our users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information. When you access or use Pathway, you signify your agreement to this Privacy Policy.
Pathway is intended for use only as an educational aid. Pathway is intended for use only by registered physicians, medical residents, medical students, and other licensed healthcare practitioners. Pathway does not and cannot replace the clinical judgment and medical decision making that is exercised by a healthcare professional.
Pathway is not intended for use to diagnose or treat a medical condition. If you have or suspect that you have a medical problem or condition, please contact 911 or a qualified healthcare professional immediately.
While the Company aims at delivering practical and accurate information, the Company expressly excludes and disclaims all warranties that the information contained in Pathway is 100% up-to-date, complete, or error-free. The Company does not guarantee the accuracy, completeness, or usefulness of any information on Pathway, and neither does the Company adopt, endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement contained in Pathway. Opinions, advice, statements, recommendations, or other information made available through Pathway are those of their respective authors and should not necessarily be relied upon.
By using Pathway, you agree that you will not under any circumstances engage in malicious use or interference with Pathway, including without limitation:
- Use Pathway for any unlawful or immoral purpose or for the promotion of illegal activities
- Interfere or attempt to interfere with the proper functioning of Pathway
- Execute or attempt to execute a “Denial of Service” attack
- Attempt to access or search Pathway through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like)
- Make any automated use of Pathway or take any action that the Company deems to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure
- Modify, adapt, or hack Pathway or modify another website so as to falsely imply that it is associated with Pathway or the Company
- Do anything which impairs the proper operation of Pathway’s network
- Copy or distribute Pathway without written permission from the Company
The Company reserves the right, but has no obligation, to limit or deny a user’s access to Pathway or take other appropriate action if a user violates these Terms of Use.
Warranty Disclaimer
TO THE FULLEST EXTENT POSSIBLE, USE OF PATHWAY IS AT YOUR OWN RISK. PATHWAY IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING PATHWAY INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF PATHWAY WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF BUGS AND VIRUSES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS OR DAMAGE RESULTING FROM YOUR DOWNLOADING AND/OR USE OF INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED FROM PATHWAY.
Limitation of Liability
YOU HEREBY WAIVE ALL REMEDIES, WARRANTIES, GUARANTEES, OR LIABILITIES, ARISING FROM LAW OR OTHERWISE. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHERWISE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS, DISPLAY, OR USE OF PATHWAY (INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON INFORMATION OR OPINIONS THAT APPEAR ON PATHWAY, ANY INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH PATHWAY, OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF, OR USE OF PATHWAY). THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, ANY COMPUTER-RELATED DAMAGE OR LOSS OF DATA. THIS ENTIRE LIMITATION SHALL APPLY EVEN IF THE COMPANY WAS INFORMED OF THE POSSIBLE OCCURRENCE OF THE ABOVEMENTIONED DAMAGES. THIS LIMITATION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN YOU, THE USER, AND THE COMPANY.
WITHOUT LIMITING THE FOREGOING, YOU HEREBY GRANT TO THE COMPANY A FULL AND FINAL RELEASE AND FOREVER ACQUIT AND DISCHARGE THE COMPANY OF AND FROM ALL CLAIMS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, AND DEMANDS OF WHATSOEVER NATURE, CHARACTER, OR KIND WHICH YOU CAN, SHALL OR MAY HAVE AGAINST THE COMPANY, WHICH RELATE TO: (I) YOUR ACCESS AND USE OF PATHWAY, INCLUDING A DISPUTE BETWEEN YOU AND ANY OTHER USERS OF PATHWAY; AND (II) ANY INFORMATION WHICH YOU OBTAIN THROUGH PATHWAY.
Pathway may contain links to other websites and apps that are operated by third parties and are not under the control of the Company. The Company is not responsible for and expressly excludes all liability with relation to these linked websites which you access and use at your own risk, and the Company makes no representations, warranties, or conditions concerning the linked websites or their contents, products, or services.
You agree to indemnify, defend, and hold harmless (including reasonable legal fees) the Company from any action, loss, liability, claim, or demand relating to: (i) your access and use of Pathway, including a dispute between you and any other users of Pathway; and (ii) your breach of any of the provisions of these Terms of Use.
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site or the Software from time to time to view any such changes in the Agreement. If you continue to use Pathway