Widget Terms and Conditions of Use

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

By using this Widget, 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 Widget!

WebMD, LLC. ("WebMD") may revise and update these Terms and Conditions at any time. Your continued usage of the WebMD widget will mean you accept those changes.

Description
License Grant
Restrictions
Ownership and Reservation of Rights
Support and Updates
Fees and Payments
Third Party Software, Hardware, and Services
Disclaimer of Warranties
Indemnification
Limitation of Liability
Termination
Entire Agreement

WebMD Widgets are small software modules operating within or connecting to WebMD's environment and appearing on a device or Web Site of your designation, which that provides you with access to a variety of content and services. Widgets, including the content and services provided therein, are made available for your use by WebMD (each a "WebMD Widget") subject to these Terms of Service

Subject to these terms and conditions and except as otherwise expressly set forth in these Terms of Service, WebMD grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to download, access, and use WebMD Widgets.

You may not do any of the following with any WebMD Widgets: (a) decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, or create derivative works or improvements from WebMD Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in WebMD Widgets; (b) obtain or attempt to obtain unauthorized access to WebMD network; (c) incorporate WebMD Widgets into any hardware or software device that you are not authorized to use or otherwise modify; (d) use, export, or re-export WebMD Widgets in violation of applicable U.S. laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense WebMD Widgets or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise, without WebMD's prior, express, written permission; (f) use WebMD Widgets in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service; and (g) use WebMD Widgets for any enterprise, commercial, or human safety purposes which WebMD Widgets were not designed. Any WebMD Widget's failure in such cases could lead to injury or damage for which you agree that WebMD is not responsible.

WebMD Widgets, and any content or services provided by accessing them, are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Service.

WebMD may not offer any technical or maintenance support for WebMD Widgets. WebMD may offer upgrades or updates to WebMD Widgets in its sole discretion. WebMD may change, suspend, or discontinue any aspect of WebMD Widgets at any time without notice to you. WebMD may also impose limits on certain features and services or restrict your access to parts or all of WebMD Widgets, related content and services without notice or liability.

WebMD reserves the right to charge fees for future use of or access to WebMD Widgets or WebMD content and services at WebMD's sole discretion.

You agree that you are responsible for all third party software, hardware, and services used in connection with WebMD Widgets. Any third party software, hardware, and services (whether required or optional) that you use in conjunction with WebMD Widgets, is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.

Use of WebMD Widgets and any Data, Content or Services accessed through them (e.g. New, or other information or services that are part of the WebMD Network) is at our sole risk and these offerings are provided "AS IS."

Any Material or Service downloaded, accessed or otherwise obtained through your use of a WebMD Widget is at your own discretion and risk, and you will be solely responsible for any results from the download or use of any material, information or service.

WebMD and its licensors expressly disclaim all warranties of any kind, whether express or implied, relating to WebMD Widgets, Data, Content, or Services accessed from, or the accuracy, timeliness, completeness, or adequacy of WebMD Widgets and any Data, Content, or Services accessed from them including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.

If WebMD Widgets or any, Data, Content, or Services accessed on the WebMD Network proves defective or unsuitable in any way, you (and not WebMD or its licensors, assume the entire cost of repair or injury of any kind, even if WebMD or its licensors have been advised of the possibility of a defect or damages as may be allowed by specific legal jurisdictions.

You agree to indemnify and hold WebMD and its licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your download, access, and/or use of WebMD Widgets, including any content or services provided therein, your violation of any term or condition of these Terms of Service, your violation of applicable laws or any rights of another person or entity.

WebMD and its licensors are not liable to you for any and all direct, incidental, special, indirect or consequential damages arising out of or related to WebMD Widgets, Data, Content or Services contained within the WebMD Network, or from your inability to use or access the Widgets and associated Data, Content or Services, whether the damage claims are brought under any theory of law or equity. Damages excluded by this paragraph include but are not limited to, those for loss of business, business profits, injury to person or property, business interruption, and loss of business or personal information. Some jurisdictions may not allow limitation of incidental or consequential damages so this restriction may not apply to you.

These Terms of Service continue until terminated by either party. You may terminate these Terms of Service by discontinuing use of all WebMD Widgets and by destroying all your copies thereof. These Terms of Service terminate automatically if you violate any term hereof, WebMD publicly posts a written notice of termination on WebMD's web site, or WebMD sends a written (including email or text message) notice of termination to you directly.

These Terms of Service and the WebMD Privacy Policy constitute the entire agreement between you and WebMD and governs your use of WebMD Widgets, superseding any prior agreements between you and WebMD with respect to WebMD! Widgets, Content or Services.

Last Updated: January 30, 2008

©2008 WebMD, LLC. All rights reserved.