Ovid reserves the right to update or modify this Agreement at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Agreement as changed. For this reason, we encourage you to review this Agreement every time you use this Site.
Everything you see and hear on this Site, including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips (the “Content”), is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Ovid or by third parties who have licensed their materials to Ovid. The entire Content of this website is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Ovid owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. Permission is granted to display, copy, distribute, and download the Content on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the Content. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any Content on this Site for commercial use without prior written approval of Ovid. You may not “mirror” any Content contained on this Site on any other server without prior written permission from Ovid.
All of the trademarks, service marks, and logos displayed on this Site (the “Trademark(s)”) are registered and unregistered trademarks of Ovid or third parties who have licensed their Trademarks to Ovid. Except as expressly stated in these terms and conditions, you may not reproduce, display, or otherwise use any Trademark without first obtaining written permission from Ovid.
This Site may contain hyperlinks to websites that are not operated by Ovid. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material or services provided on these third-party websites or any association with their operators. Ovid does not review or control these websites and is not responsible for their content. Ovid expressly disclaims any responsibility for the content of any third-party websites linked to our Site or the products or services of such third party. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Ovid does not make any representations regarding the content or accuracy of materials on such websites or the products or services of any third party operating such websites. You access and use these websites (and the websites to which they link) solely at your own risk.
The information provided on this Site is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL OVID OR ANY OF ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, EVEN IF OVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF OVID HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE IN ANY JURISDICTION, OVID’S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OVID AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT.
This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its principles or rules of conflict of laws to the extent such principles or rules would require or permit the application of the laws of another jurisdiction. Venue shall lie in New York, New York.
Any dispute arising out of or in connection with this Agreement will be referred to final and binding arbitration, to the exclusion of any other court, forum, or jurisdiction. Such arbitration will be conducted under the rules of the American Arbitration Association in effect from time to time. Ovid will appoint an arbitrator who shall appoint two additional arbitrators. The arbitrators shall agree on who will act as Chair. If the appointed arbitrators cannot agree on a Chair, the Chair will be appointed by the American Arbitration Association. The parties shall instruct such arbitrators to render a determination within three (3) months after their appointment. The place of arbitration will be New York, New York, and the arbitrator is bound to decide the arbitration in accordance with the substantive laws of New York. There will be no consolidation or joiner of any dispute subject to arbitration hereunder with any arbitration or legal proceeding involving third parties or other disputes between the parties hereto. It is expressly understood and agreed by the parties that the findings of the arbitrator(s) will be conclusive on them and their successors, heirs, and assigns and may be entered as a judgment in a court of record. The arbitrator(s) will have no authority to award punitive or exemplary damages or any other monetary damages not measured by the prevailing party’s actual damages, nor generally to make an award in equity. This section shall not prohibit any party from seeking injunctive relief from a court of competent jurisdiction in the event of a breach or prospective breach of this Agreement by the other party.
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement shall remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.