Terms of Service for DCConsult

[Update: 1/29/08]

The DCConsult.com web site ("DC Consult^SM" or "Site") is owned and operated by the Foundation for Chiropractic Education and Research; the Manual, Alternative and Natural Therapy Index System database ("MANTIS^TM") is owned by Action Potential, Inc., and licensed to FCER. The address is 380 Wright Road, Norwalk, Iowa 50211 USA, fcer@fcer.org.

By accessing or using the Site, you agree to be bound by the terms and conditions below ("Terms of Service"). These Terms of Service expressly incorporate by reference and include the Site's Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. If you do not agree with these Terms of Service, please do not use this Site.

FCER reserves the right to change, modify, add or remove portions of these Terms of Service in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have accepted the changes.

This agreement describes the terms and conditions under which FCER and Action Potential, Inc., agree to the use of the Site and associated databases.

Grant of Licensure

For individual subscribers: Your individual subscription is non-transferable. DC Consult^SM and all databases are licensed for your professional/non-commercial use only. You agree that you will use your best efforts and take all reasonable steps to protect the information and intellectual property accessed through DC Consult^SM from unauthorized reproduction, publication, disclosure, distribution, or other use.

For subscribing recognized educational institutions: Use is restricted to students, faculty and administration. Your institution has agreed to use DC Consult^SM and MANTIS^TM to conduct unlimited searches only for full-time students, faculty, and administration.

For subscribing national and state chiropractic organizations: Use of login information for DC Consult^SM and MANTIS^TM is restricted to staff of the chiropractic organization, and not to its member doctors of chiropractic. Staff of the chiropractic organization may conduct searches for internal office use only, and not for copying, distribution, or publishing to others, including the organization’s members.

Copyright

All content in the Site, including layout, design, format, graphic components, text, and other information (collectively, the "Content"), is the property of FCER and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. The material contained in the various health databases is subject to the copyright protection of the individual database developers. Finally, some material in the databases is from copyrighted publications of the respective copyright claimants. Users of the databases are solely responsible for compliance with any copyright restrictions and are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publications, all of which are hereby incorporated by reference.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or registered user agreement.

You may print or download Content from the Site for your own personal, non-commercial use, including use of the Patient Handout Generator, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from FCER.

The Licensee and its users shall be solely responsible for compliance with any copyright restrictions; FCER assumes no responsibility or liability associated with the Licensee’s (or any of the Licensee’s users’) use and/or reproduction of copyrighted material. Anyone contemplating reproduction of all or any portion of the individual articles contained in the databases should consult legal counsel.

Disclaimer

The data provided was developed and presented with a reasonable standard of care. However, data errors, incomplete entries, transmission errors, etc. may exist. There are no warranties, expressed or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose, and all such warranties are expressly and specifically disclaimed. Neither FCER, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.

Information at the Site is primarily based on the current peer-reviewed research. Other articles are submitted by contributing editors. FCER makes no assurance of the reliability or validity of the original research work. It is ultimately the responsibility of the health care professional to verify any information before utilizing it in a health care setting.

Your use of the Site is at your sole risk. To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains health care or health sciences information, it is intended for professional use within the health care field. No suggested test or procedure should be carried out unless, in the reader's judgment, its risk is justified. Because of rapid advances in the sciences, it is recommended that independent verification of diagnoses and treatments should be made.

In no event will FCER, its affiliates or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on information from the Site. FCER and its affiliates and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special incidental, indirect, or similar damages) even if advised of the possibility of such damages.

Governing Law

This License Agreement is to be governed by and interpreted in accordance with the laws of the State of Texas. If any provision of this License Agreement in any way contravenes the laws of the state or jurisdiction in which the License Agreement is to be performed, such provisions shall be deemed to be deleted and, if any term of this License Agreement shall be declared by final adjudication to be illegal, contrary to public policy, or otherwise held to be invalid and unenforceable, it shall not affect the validity and enforceability of any other term or provision of this License Agreement.

Privacy Policy

We pay special attention to privacy issues. The purpose of our Privacy Policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and discuss your options for controlling your information.

Consequences

If you do not comply with these terms, we have the right to suspend or eliminate your account, and remove any information you have placed on our site. We may also take any legal action we think is appropriate. If your violation of this agreement causes harm to others, you agree to hold FCER and Action Potential, Inc. harmless against any liability for such harm.

Questions or Concerns about Our Terms of Service

For questions or concerns about these terms of service, please send an email to info@DCConsult.com.