TERMS AND CONDITIONS
Dermwiz™ is an online diagnosis decision support system designed to assist physicians and other health professionals diagnose skin diseases. It describes mainly inflammatory skin diseases (rashes) and their neoplastic mimics. Dermwiz is built around a searchable database that provides a list of diseases matching up to three search criteria selected by the user from a menu covering clinical and pathological aspects of diseases.
Dermwiz is meant to assist, not replace, trained professionals. Dermwiz should be used by qualified and duly licenced health professionals. Like all computer programs, Dermwiz lacks human intuition and judgment and, therefore, cannot establish a diagnosis or a treatment plan for a given patient. All information obtained from Dermwiz must be evaluated critically by the user.
Patients should not use Dermwiz. The information provided by Dermwiz does not constitute, and is not intended to replace, professional advice, judgment or diagnosis nor to substitute for professional training. Not all diseases are listed or described in Dermwiz. The best diagnosis for a given patient may not be listed by Dermwiz.
Dermwiz is a product of, and is entirely owned by, Cogniwiz Diagnostic Decisions (doing business as Cogniwiz Inc.) headquartered in Moncton, Canada. Dermwiz™ is a registered trademark owned by Cogniwiz Inc.
You agree to be bound by the following Terms and conditions:
Contents and liability
The medical information contained and displayed in Dermwiz is comparable to the content of medical textbooks and should be used in a similar fashion in the provision of health care or for reference, research, education or training. You acknowledge and agree that you, not Cogniwiz Inc., are solely responsible for verifying the accuracy of all information provided by Dermwiz, for reaching a final diagnosis and choosing a treatment for a given patient. Not all diseases are listed or described in Dermwiz. The best diagnosis and/or the best treatment for a given patient may not be listed by Dermwiz.
Given that information provided by Dermwiz is sourced from a variety of resources over which Dermwiz exercises no control, and given that the search results provided by Dermwiz are dependent on the search criteria chosen by you, Dermwiz does not warrant or guarantee the completeness, accuracy or relevance of the results produced.
You agree to hold harmless and indemnify Cogniwiz Inc., its officers and employees from any demand or claim, including all resulting loss, liability, damage or expense incurred without limitation (including attorneys' fees), made by any third party arising out of or in connection with the provision of healthcare services or related services by you or any other person.
You agree that the disclaimers and limits on our liability contained in these terms are fair and reasonable, taking into account the amount of your subscription fee and the presence of inaccuracies, paucity of reliable medical evidence and lack of standardization in the medical literature and other third party sources of information that constitute the sources of the medical information contained in Dermwiz.
Dermwiz provides links to other web sites or resources. You agree that Dermwiz is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for the contents of these sites or resources.
You expressly understand and agree that your use of Dermwiz is at your sole risk.
Dermwiz is provided on an "as is" and "as available" basis. Cogniwiz Inc., its officers and employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Cogniwiz Inc. make no warranty that (i) Dermwiz will meet your expectations; (ii) Dermwiz will be uninterrupted, timely, secure or error-free; (iii) the information obtained from Dermwiz will be complete, relevant, accurate or reliable; and (iv) any errors in Dermwiz will be corrected.
Any content downloaded or otherwise obtained from Dermwiz or another product of Cogniwiz Inc. is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether verbal or written, obtained by you from or through Dermwiz or another product of Cogniwiz Inc. shall create any warranty not expressly stated in these terms.
Cogniwiz Inc., its officers and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Cogniwiz Inc. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Dermwiz; (ii) the cost of procurement of substitute services resulting from any data or information obtained through or from Dermwiz; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to Dermwiz.
You agree that the disclaimers and limits on our liability contained in these terms are fair and reasonable, taking into account the amount of your subscription fee and the presence of inaccuracies, paucity of reliable medical evidence and lack of standardization in the medical literature and other third party sources of information that constitute the sources of content for Dermwiz.
Nothing herein is intended to disclaim Cogniwiz Inc. liability to third parties (e.g., parties other than you and your affiliates, officers, agents and employees) for property damage, injury or death under circumstances where Dermwiz would otherwise be responsible for same. In such circumstances, liability shall be determined by operation of law.
Registration, access and availability
Access to the Dermwiz search engine is limited to individual users licensed by Cogniwiz Inc. within the limits specified by these Terms. Access to Dermwiz is licensed to you only. Payment of fees may be required.
You agree that Dermwiz is licensed to you in online (browser-based) and/or mobile application form only. This is a License agreement, not an agreement for sale. This License permits you to access Dermwiz only from a computer or mobile device that is owned, leased, or otherwise controlled by you, using either a web browser or the mobile application provided by Cogniwiz Inc.
You agree that the registration information provided by you is accurate and complete. You agree to maintain and promptly update the Registration Data to keep it accurate and complete. If you provide any information that is untrue, Cogniwiz Inc. has the right to suspend or terminate your account and refuse all future use of Dermwiz or other products by Cogniwiz Inc.
You agree to refrain from sharing with others, selling, trading or exploiting your registration information, including the user name and password giving you access to Dermwiz.
You agree and to maintain the confidentiality of your account. In particular, you are responsible for immediately changing your password if you have reasons to believe that its confidentiality has been breached. You agree to immediately notify Cogniwiz Inc. if you become aware of any unauthorized use of your account or any other breach of security. Cogniwiz Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. If you fail to comply with this section, Cogniwiz Inc. has the right to suspend or terminate your account and refuse all future use of Dermwiz or other products by Cogniwiz Inc.
Cogniwiz Inc. will use reasonable measures to maintain Dermwiz available at all times. You however agree that Dermwiz may not be available at certain times due to maintenance, updates or other reasons beyond the control of Dermwiz. Since you will receive Dermwiz via third party telecommunications networks, you acknowledge that Cogniwiz Inc. cannot guarantee that the availability of Dermwiz will be uninterrupted or error free. Cogniwiz Inc. cannot guarantee that the transmission of any information over such telecommunications networks will be secure.
The data, search engine, software code, Dermwiz trademark, logos, application icons and other proprietary content provided to you by Cogniwiz Inc. are entirely owned by Cogniwiz Inc. Dermwiz is made available for your non-commercial use only.
You acknowledge and agree that content contained in and presented to you by Dermwiz constitutes original and proprietary content owned by Cogniwiz Inc. and is protected by copyrights, trademarks or other proprietary rights and laws. You agree that nothing contained in these Terms is intended or shall be construed as granting to you any rights in or to any such content.
You agree to use products, content or software owned by Cogniwiz Inc. only for the provision of medical care, to conduct reference, research, education or training. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit any portion of Dermwiz for commercial purposes without prior written consent from Cogniwiz Inc. The following uses of products, content or software owned by Cogniwiz Inc. are prohibited: (i) reverse engineering, decompiling or modification, in whole or in part; (ii) systematic retrieval or extraction of content or code; (iii) preparation of derivative works or incorporation of same, in whole or in part, in any other work or system; (iv) reselling access, copying, duplication, redistribution, retransmission, publication, transfer or commercial or other exploitation, in whole or in part; (v) creating or compiling, directly or indirectly, a collection, compilation, database or directory; and (vi) use of any software scripting or robots, spiders, crawlers or other automated downloading programs or devices to continuously and/or automatically search or index.
Cogniwiz Inc. will defend or settle any lawsuit brought against you to the extent arising out of any valid copyright or patent infringement claim of a third party arising from your use of Dermwiz in accordance with these Terms. If such lawsuit interferes with your use of Dermwiz, Cogniwiz Inc. shall, at its option: (i) modify Dermwiz so that it no longer infringes; (ii) obtain for you the right to continue to use the infringing content; or (iii) terminate Dermwiz and refund to you subscription fees paid in advance. These three are your only remedies for such third party claims. The above obligation is conditional upon you providing Cogniwiz Inc. written notice of any claim by a third party within thirty (30) days after receipt of notice and you fully cooperating with Cogniwiz Inc. in the defense of such claims. Notwithstanding the foregoing, Cogniwiz Inc. shall not have any obligation to you if the infringement claim results from or arises out of the use of Dermwiz in a manner or environment, or for any purpose, for which Cogniwiz Inc. did not design or license it, or in violation of Cogniwiz Inc. recommendations or instructions on use; or any modification or enhancement of Dermwiz by you or any third party not authorized or approved in writing by Cogniwiz Inc.
You agree to not disguise the origin of any content transmitted through Dermwiz; transmit or otherwise make available through Dermwiz any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt Dermwiz or servers or networks connected to Cogniwiz Inc., or disobey any requirements, procedures, policies or regulations of networks connected to Cogniwiz Inc.; and/or intentionally or unintentionally violate any applicable local, state, national or international law.
The owners of Cogniwiz Inc and Dermwiz are physicians like you and respect your right to confidentiality.
We will make all reasonable efforts to protect the personal information provided by you during the registration process from unauthorized use. Cogniwiz Inc will not sell, communicate or publish any part of your name, address, phone number, e-mail address, credit card information or other specific personal information provided by you during your registration to any individual or business outside of Cogniwiz Inc.
You do not need to install software from Cogniwiz Inc in order to use the web site.
Cogniwiz Inc is not in the business of selling third party goods or services. Advertisement promoting such third party merchandise may, however, be occasionally included in the web site.
By becoming a subscriber of Dermwiz, you authorize Cogniwiz Inc to collect and store the information you provided and use it to produce statistics about our subscribers for the purpose of promoting our services. You also authorize Cogniwiz Inc to contact you, using your email or other information provided by you, for matters relating to your subscription or to inform you of new products offered by Cogniwiz Inc.
Governing Law and Dispute Resolution
If your use of Dermwiz originates from the United States or Canada, these Terms shall be governed by the laws of the province of New Brunswick, Canada. Any claim or controversy that has not been resolved by the parties following reasonable attempts to resolve same through their respective senior managers shall be submitted to arbitration according to the laws of the province of New Brunswick, Canada.
If your use of Dermwiz originates from outside the United States or Canada, these terms and conditions of Dermwiz shall be governed and interpreted in accordance with English law and you and Cogniwiz Inc. submit to the exclusive jurisdiction of the English Courts in order to resolve any dispute or claim arising out of these Terms, except that Cogniwiz Inc. reserves the right to bring proceedings relating to such dispute or claim against you in your home jurisdiction.
These Terms constitute the entire agreement between you and Cogniwiz Inc. with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Cogniwiz Inc.
If any part of these Terms shall be determined to be invalid, illegal or unenforceable by any valid act of any legislature or by any regulation duly promulgated, or declared null and void by any court of competent jurisdiction, then such part shall be reformed, if possible, to conform to the law and, and in any event, the remaining parts of these Terms shall be fully effective and operative insofar as reasonably possible.
You have carefully read the totality of the above terms and conditions and fully understand them.