PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS CORONAVIRUS CASES MAP.
By using this Coronavirus Cases Map (the “Map”), you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Map.
WebMD LLC ("WebMD") may revise and update these Terms and Conditions at any time. Your continued usage of the Map will mean you accept those changes.
Description
The Map is an embeddable module operating within or connecting to WebMD's environment which provides certain information relating to coronavirus cases in the U.S. The Map is made available for your use by WebMD subject to these Terms and Conditions.
License Grant
Subject to these Terms and Conditions and except as otherwise expressly set forth in these Terms and Conditions, WebMD grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to access and use the Map solely to the extent necessary to make the Map available to end users by way of inclusion on the web pages within your website (the “Site”). You agree not to otherwise use or distribute the Map or any of its content in any manner whatsoever. You will not translate the Map or any of its content to another language. As between WebMD and you, WebMD retains all worldwide right, title, and interest in and to the Map and its content. All rights in the Map and its content not expressly granted by WebMD to you are reserved to WebMD.
Restrictions
You may not do any of the following with the Map: (a) alter or in any way modify the Map; (b) decompile, reverse engineer, disassemble, adapt or create derivative works or improvements from the Map or any portion thereof (including but not limited to proprietary markings), or attempt to discover any source code, protocols, or other trade secrets in the Map or any portion thereof; (c) obtain or attempt to obtain unauthorized access to WebMD’s network; (d) incorporate the Map into any hardware or software device that you are not authorized to use or otherwise modify; (e) use, export, or re-export the Map in violation of applicable U.S. laws or regulations; (f) sell, lease, rent, loan, distribute, transfer, or sublicense the Map or provide access thereto or derive income from the use or provision thereof, whether for commercial or monetary gain or otherwise, without WebMD's prior express written permission; (g) use the Map in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions; or (h) use the Map for any purposes for which the Map was not designed.
Ownership and Reservation of Rights
The Map, and any content provided by accessing it, is 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 and Conditions.
WebMD retains absolute editorial control over the editorial content contained or displayed in the Map. You will require the enforceable agreement of your users to any terms of use provided by WebMD as a condition to the users' access to the Map. You may determine the placement of the Map on your Site but may not change the substance of the Content contained in the Map to any extent whatsoever without WebMD’s prior written approval of the change. You agree to maintain the quality of your Site such that its content and activities conducted on such website remain current, in good taste, compliant with all applicable laws, rules and regulations, and appropriate for your users.
Support and Updates
WebMD will not offer any technical or maintenance support for the Map. WebMD may provide updates to the data contained in the Map. When WebMD provides updates for the Map that supersede and replace content within the Map previously provided, you will promptly remove the superseded content and replace it with the replacement content. You shall retain all such information in the manner provided by WebMD and display the Map in the manner instructed by WebMD. WebMD may change, suspend, or discontinue any aspect of the Map 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 the Map, related content and services without notice or liability.
Fees and Payments
WebMD reserves the right to charge fees for future use of or access to the Map at WebMD's sole discretion.
Third Party Software, Hardware, and Services
Any third party software, hardware, and services (whether required or optional) that you use in conjunction with the Symptom Checker is the sole responsibility of such third party, and is subject to the terms, conditions, warranties and disclaimers provided by such third party.
Disclaimer of Warranties
Use of the Map and any data or content contained in it is at your sole risk and these offerings are provided "AS IS."
Any material, information or service downloaded, accessed or otherwise obtained through your use of the Map 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 the Map and any data or content contained in the Map, or the accuracy, timeliness, completeness, or adequacy of the Map and any data or content contained therein including the implied warranties of title, merchantability, satisfactory, quality, fitness for a particular purpose, and non-infringement.
WebMD relies upon data that is publicly available. WebMD thereby disclaims any and all representations contained in the Map including accuracy, reliability and non-infringement.
If the Map 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.
WebMD does not provide medical, diagnostic or treatment advice or services. You agree that the Map is to be used for public health, informational and educational purposes only. You agree that you will not rely, or promote reliance, on the content contained in the Map as a substitute for advice from a qualified health care professional.
Indemnification
You agree to indemnify and hold WebMD and its affiliates, officers, directors, agents, employees and licensors harmless from and against any and all liability, damages, losses, claims, demands and expenses (including but not limited to reasonable attorneys' fees) in connection with a third party claim arising out of or resulting from (a) your download, access, and/or use of the Map, including any content provided therein, (b) your violation of any term or condition of these Terms and Conditions, (c) your violation of applicable laws or any rights of another person or entity or (d) the performance or non-performance of your Site or items found through your Site.
Limitation of Liability
In no event will WebMD or its suppliers or licensors be liable to you for any direct, incidental, special, indirect or consequential damages arising out of or related to the Map or from your inability to use or access the Map, 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.
Termination
These Terms and Conditions continue until terminated by either party. You may terminate these Terms and Conditions by discontinuing use of the Map and by destroying all your copies thereof. These Terms and Conditions 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. Upon termination of these Terms and Conditions, you agree to immediately remove the Map from your Site and cease all use of the Map and all licenses and rights with respect to the Map granted to you herein shall terminate.
Entire Agreement
These Terms and Conditions and the WebMD Privacy Policy constitute the entire agreement between you and WebMD and governs your use of the Map, superseding any prior agreements between you and WebMD with respect to the Map.
Last Updated: April 28, 2020
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