Definitions

"Member(s)" means any person or persons who have subscribed or are site visitors to PogoHealth Products or Services.

"PogoHealth" means PogoHealth, LLC.

"Order" means any order for Product(s) or Service(s) placed through any PogoHealth sales or client services representative, agent or ordered online through any web site controlled, operated or hosted by PogoHealth or any of its affiliates or business partners by, or on behalf of a Member.

"Product(s)" means any Nutrition in Medicine educational series modules and genetic tests provided or sold by PogoHealth.

"Service(s)" means evaluations, recommendations, information or education provided by PogoHealth or its agents.

Terms & Conditions:

During initial account set-up, potential users of the PogoHealth service are asked to review, acknowledge, and agree to certain terms and conditions.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE PogoHealth.COM SERVICE. THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF SERVICES AND PRODUCTS FROM PogoHealth. YOUR RIGHTS AND OBLIGATIONS ARE DETAILED IN THIS SECTION, AS ARE LIMITATIONS AND EXCLUSIONS THAT MAY APPLY. BY PLACING AN ORDER TO PURCHASE PogoHealth SERVICES AND/OR PRODUCTS YOU ARE AGREEING TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER OR PROVIDE YOUR PERSONAL INFORMATION.

By using PogoHealth.com service, 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 PogoHealth.com!

PogoHealth may revise and update these Terms and Conditions at any time. Your continued usage of the PogoHealth service will mean you accept those changes.

PogoHealth licenses certain drug and OTC information from a company called Micromedex Inc. and has incorporated some of that information into the PogoHealth service. Micromedex Inc. has its own "End-User License Agreement Language" that you are required to accept in order for PogoHealth to allow you to use the PogoHealth service. The full text of the Micromedex Inc. End-User License Agreement Language is appended to the end of this agreement.

By agreeing to these Terms and Conditions, you are explicitly acknowledging and agreeing to the provisions of the Micromedex Inc. End-User License Agreement Language.

REPRESENTATIONS AS TO CONTENT

PogoHealth makes no representations or warranties as to the accuracy, completeness, reliability, availability, or timeliness of any information, content or material on this site, although PogoHealth makes reasonable efforts to ensure that the content, material and information provided are correct, accurate and reliable. The use of the PogoHealth site and the content, material and information is at your own risk. The content provided is for informational purposes only, and is not intended for any other use by any party other than PogoHealth. None of our content is intended as advertisement or endorsement of the products or services of any other company than PogoHealth. Changes are constantly being made to the site and may be made at any time.

POGOHEALTH DOES NOT PROVIDE MEDICAL ADVICE.

The contents of the PogoHealth service, such as text, questionnaires, reports, graphics, images, and information obtained from licensors, and other material contained on the PogoHealth service ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. On the contrary, the results of the PogoHealth service should always be used in conjunction with consultation with a qualified healthcare professional. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a disease or medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the PogoHealth service or its reports. Never stop taking medications or change medications or doses without consultation with a qualified healthcare professional.

If you think you may have a medical emergency, call your doctor or 911 immediately. PogoHealth does not recommend or endorse any specific tests, physicians, products, drugs, procedures, opinions, or other information that may be mentioned on the service. Reliance on any information provided by PogoHealth or any of its members, managers, employees, or others is solely at your own risk.

The US Food and Drug Administration does not strictly regulate supplements, including herbs. There is no guarantee of quality, purity or even safety of the products and effects may vary. Always consult a healthcare professional if you experience any side effects.

PogoHealth Cannot Guarantee the Actual Contents of Purchased Supplements

PogoHealth cannot guarantee that the actual contents in the supplements you purchase from any source exactly match the descriptions on their labels. PogoHealth cannot be responsible for changes supplement companies may make in their formulations, such as adding an ingredient, removing an ingredient, or changing the amount of an ingredient. Before taking any supplement, be sure to check the label carefully to determine whether the described ingredients and amounts are consistent with your nutrient recommendations. You may also check for information from the manufacturer about any recent changes in the product's formulation.

Children's privacy

We are committed to protecting the privacy of children. You should be aware that the PogoHealth service is not intended or designed to attract or be used by children.

Use of content

PogoHealth authorizes you to view or download a single copy of the material on the PogoHealth service solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2005, PogoHealth, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.

PogoHealth uses reasonable methods to ensure the accuracy, correctness and reliability of the PogoHealth site, but we make no representations or warranties as to the accuracy, reliability, availability, completeness, or timeliness of any information or material on the site. The use of the PogoHealth site and material is at your own risk. The materials on the PogoHealth site are provided for information and promotion purposes only and are not intended for any other use or as advertisements or endorsement of products or services of any party other than PogoHealth. The download speed and performance quality of the materials available on the PogoHealth site are only as good as your installed modem and existing software permits. Changes are continuously made to site content.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PogoHealth or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice at the editorial discretion of PogoHealth. All rights not expressly granted herein are reserved to PogoHealth and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Third-party contracted content

The information contained in the Micromedex products is intended as an educational aid only. It is not intended as medical advice for individual conditions or treatment. It is not a substitute for a medical exam, nor does it replace the need for services provided by medical professionals. Talk to your doctor, nurse or pharmacist before taking any prescription or over the counter drugs (including any herbal medicines or supplements) or following any treatment or regimen. Only your doctor, nurse or pharmacist can provide you with advice on what is safe and effective for you.

THE PRICES CONTAINED IN MICROMEDEX RED BOOK ARE BASED ON DATA REPORTED BY MANUFACTURERS. MICROMEDEX HAS NOT PREFORMED ANY INDEPENDENT ANALYSIS OF THE ACTUAL PRICES PAID BY WHOLESALERS AND PROVIDERS IN THE MARKETPLACE. THUS, ACTUAL PRICES PAID BY WHOLESALERS AND PROVIDERS MAY WELL VARY FROM THE PRICES CONTAINED IN THIS DATABASE AND ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PLEASE REFER TO THE "AWP POLICY" IN THE PRODUCT FOR MORE INFORMATION.

The use of the Micromedex products is at your sole risk. These products are provided "as is" and "as available" for use, without warranties of any kind, either express or implied. Micromedex makes no representation or warranty as to the accuracy, reliability, timeliness, usefulness or completeness of any of the information contained in the products. Additionally, MICROMEDEX MAKES NO REPRESENTATION OR WARRANTIES AS TO THE OPINIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF USE OF THE MICROMEDEX PRODUCTS. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE HEREBY EXCLUDED. MICROMEDEX DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE MICROMEDEX PRODUCTS."

Genetic Testing

PogoHealth outsources genetic testing to a third party. Strict quality control and privacy criteria are maintained for genetic tests: The test must provide useful information for use in the PogoHealth analysis. PogoHealth will not provide tests for single gene diseases directly to the public.

PogoHealth does not provide genetic services for forensic or paternity testing. All information and samples provided by any individual to PogoHealth remains the property of that individual. Samples will be destroyed after testing. No information relating to the individual will be supplied to any third party without the explicit written consent of that individual. In accordance with United States federal policy and state laws, personal genetic information shall not be disclosed to insurers or employers without the prior written consent of the individual.

Trademarks

PogoHealth is trademarked under the laws of the United States of America. Other parties' trademarks used, depicted or identified on our site are the property of their respective owners. Use on our site of the trademark(s) of any other party is not intended to imply PogoHealth's affiliation with or endorsement of that party or that party's sponsorship or endorsement of PogoHealth or PogoHealth's services or products.

Liability of PogoHealth and its licensors/end users

The use of the PogoHealth service and the Content is at your own risk. When using the PogoHealth service, information will be transmitted over a medium that may be beyond the control and jurisdiction of PogoHealth and its suppliers. Accordingly, PogoHealth 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 PogoHealth service.

The PogoHealth service and the Content are provided on an "as is" basis. POGOHEALTH, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PogoHealth, its licensors, and its suppliers make no representations or warranties about the following:

1. The satisfaction of any government regulations requiring disclosure of information on prescription drug, OTC or supplement products.

In no event shall PogoHealth, its licensors, its suppliers, or any third parties mentioned on the PogoHealth service be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PogoHealth service or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PogoHealth is advised of the possibility of such damages. PogoHealth shall be liable only to the extent of actual damages incurred by you, not to exceed the purchase price paid by the individual consumer. PogoHealth is not liable for any personal injury, including death, caused by your use or misuse of the PogoHealth service or Content. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Assumption of Risk, Disclaimer of Liability, Indemnity

THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE SERVICE AND CONTENT PROVIDED THEREON. POGOHEALTH SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH OUR SERVICES OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
THE END-USER ACKNOWLEDGES THAT POGOHEALTH: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE SERVICE BY PERSONS OTHER THAN POGOHEALTH.
POGOHEALTH SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER), AND THE END-USER AGREES TO INDEMNIFY AND HOLD POGOHEALTH HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS' FEES, DAMAGES OR OTHER LOSSES ARISING OUT OF OR RELATING TO (A) THE END-USER'S USE OF THE SERVICE OR CONTENT PROVIDED THEREON AND (B) ANY DATA OR INFORMATION INPUT ON THE SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL POGOHEALTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF POGOHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE SERVICE IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A POGOHEALTH PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY POGOHEALTH PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND POGOHEALTH, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

POGOHEALTH DOES NOT WARRANT THAT THE POGOHEALTH SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE OR MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, POGOHEALTH IS NOT RESPONSIBLE FOR THOSE COSTS. THE POGOHEALTH SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. POGOHEALTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. POGOHEALTH MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, PRODUCTS, SERVICES, SOFTWARE TEXT, AND/OR LINKS.

DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER POGOHEALTH, NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE HELD LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE, EVEN IF POGOHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

REMEDY: IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE.

LIMITATION OF LIABILITY: POGOHEALTH'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCTS AND SERVICES. IN NO EVENT SHALL POGOHEALTH BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY PRODUCTS OR SERVICES SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. POGOHEALTH SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

Taxes

Prices may not include any applicable federal, state, provincial or municipal sales, value-added or similar taxes. Member shall pay all such taxes.

Force Majeure

PogoHealth shall not be held liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, terrorist acts, equipment failures or any other causes beyond the control of PogoHealth. Quantities are subject to availability. In the event of product shortage, PogoHealth may allocate sales and deliveries at its sole discretion.

Some U.S. States and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. PogoHealth makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States of America over the content of this site and the provisions of these "terms and conditions".

The PogoHealth web site may contain links to web sites not operated or maintained by PogoHealth. These links are provided solely as a convenience to our Members and are not endorsements by PogoHealth of the contents of such third party web sites. PogoHealth is not responsible for the contents of the web sites of others and makes no representation regarding the content or accuracy of materials on such web sites. If you decide to access linked third-party web sites, you do so at your own peril, and waive any and all claims against PogoHealth regarding the inclusion of the links to outside web sites or your use of those web sites. Third party web sites may contain User Agreements or Terms and Conditions to which you are subject while using those web sites. We encourage you to become familiar with the privacy policies of any linked web site when you access the site.

Liability of PogoHealth to the End-User
Under no circumstances shall PogoHealth be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User's use of or inability to use the Services or the content of our Services. PogoHealth's total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by PogoHealth under this Agreement specifically relating to the End-User's use of the service or product which is the subject of the claim.

Email List

By participating in PogoHealth's various "free trial", "test drive", and similar programs offered from time to time on PogoHealth, you agree that you are "opting-in", meaning that you are providing affirmative consent for PogoHealth/PogoHealth to contact you from time to time via the email address you supply. Such email contacts may include news about PogoHealth, special offers, update announcements, etc. PogoHealth will not sell or rent this email list to others.

You may opt-out of inclusion in the PogoHealth email list at any time. Simple opt-out instructions are included with each email from PogoHealth.

End-User License Agreement Language

The Service is a service provided to you by PogoHealth. The Service and the Micromedex services are separate products provided by separate entities. The Service is intended for use by consumers in the United States of America. Every effort has been made to ensure that the information provided in the Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained herein may be time sensitive.

The Service does not endorse drugs, diagnose patients, or recommend therapy. The Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. PogoHealth does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Service provides.

Disclaimer of Warranties

THE END-USER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, POGOHEALTH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE SERVICE HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES. POGOHEALTH PROVIDES NO CLINICAL INFORMATION OR, GENERALLY DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES, PRACTICES OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE SERVICE. POGOHEALTH DOES NOT WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE.

Links to Third Party Sites

This Site may contain links to Sites owned or operated by parties other than PogoHealth. Such links are provided for your reference only. PogoHealth does not control outside Sites and is not responsible for their content. PogoHealth 'inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does PogoHealth's inclusion of the links imply that PogoHealth is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

Clicking on the accept button below to continue constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of the Report or of this Site, you represent and warrant to PogoHealth that you will not use this Report or this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.

Clicking on the decline button below, confirms that you do not agree and accept without modification the notices, terms and conditions set forth herein, and therefore, you do not have access to the report generated for you. Do not use this Site if you click on the decline button. Other than this agreement and agreements between you and PogoHealth relating to the sale of products or services to you through this Site, PogoHealth will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

The End-User acknowledges that updates to the Service are at the sole discretion of PogoHealth. PogoHealth makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Service, or future releases thereof, with any computer hardware or software, nor does PogoHealth represent or warrant the continuity of the features or the facilities provided by or through the Service as between various releases thereof.

Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Service, (ii) the End-User uses, stores or installs the Service on a computer system which fails to meet the specifications provided by PogoHealth, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than PogoHealth.

Passwords

PogoHealth has several tools that allow you to record and store information. For example, the PogoHealth service allows you to record limited amounts of personal health information on a voluntary basis on servers maintained by PogoHealth or on its behalf. PogoHealth is structured to allow access only to users with a valid password.

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PogoHealth passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your PogoHealth account and password; (3) promptly inform PogoHealth of any need to deactivate a password. You grant PogoHealth, and all other persons or entities involved in the operation of the PogoHealth service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the PogoHealth service. PogoHealth cannot and does not assume any responsibility or liability for any information you submit, including to the PogoHealth service, or your or third parties' use or misuse of information transmitted or received using PogoHealth tools and services.

Indemnity

You agree to defend, indemnify, and hold PogoHealth, its members, managers, employees, 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 violation of these Terms and Conditions.

General

PogoHealth is based in Durham, North Carolina, in the United States of America. PogoHealth makes no claims that the PogoHealth Service or Content is appropriate outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the PogoHealth service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with PogoHealth, or in any way relating to your use of the PogoHealth service, resides in arbitration in the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction by arbitration in the State of North Carolina in connection with any such dispute including any claim involving the PogoHealth service, or PogoHealth, or its members, mangers, affiliates, subsidiaries, employees, contractors, telecommunication providers, owners, or content providers (except as stated for Micromedex information provided).

These Terms and Conditions are governed by arbitration in the State of North Carolina, without respect to its conflict of law principles. Each provision stands on its own and any possible arbitrated action will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

These Terms and Conditions and the PogoHealth Privacy Policy and Agreement constitute the entire agreement between you and PogoHealth with respect to the use of the PogoHealth service and Content.

Thank you for your cooperation. We hope you find the PogoHealth service helpful and convenient to use! Click here for questions or comments regarding this service.