disclaimer

thasso is provided to you by Theragenomic Associates (TGA). thasso is intended for use by individuals worldwide.

Your use of thasso acknowledges acceptance of these restrictions, disclaimers, and limitations. You expressly acknowledge and agree that TGA is not responsible for the results of your decisions resulting from the use of thasso, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on knowledge contained within or accessible through thasso.

Every effort has been made to ensure that the information provided in thasso 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.

thasso does not endorse drugs, diagnose patients, or recommend therapy. thasso is an informational resource designed to assist individuals in obtaining, sharing and exchanging specific information on drugs, diseases, therapies, adverse drug effects, genotypes, phenotypes, theratypes, and any other health or disease related issue. Individuals may also enter such information, either personalized or anonymously.

Healthcare practitioners should use their professional judgment in using the information provided. thasso is not a substitute for the care provided by licensed healthcare practitioners and individuals are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or combination thereof in no way should be construed to indicate that the drug or combination is safe, effective or appropriate for any given individual.

TGA does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information thasso provides.

Disclaimer of Warranties

THE END-USER ACKNOWLEDGES THAT THASSO IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, TGA 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, THASSO HAS BEEN DESIGNED FOR THE USE WORLDWIDE AND COVERS MEDICATIONS USED IN PRACTICE WORLDWIDE. THASSO DOES NOT WARRANT THAT USES OF SUCH MEDICATIONS ARE APPROPRIATE AND UNDER THE SAME REGULATIONS BY THE COMPETENT AUTHORITIES OF EACH COUNTRY WORLDWIDE.

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

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

Assumption of Risk, Disclaimer of Liability, Indemnity

THE ENDUSER ASSUMES ALL RISK FOR SELECTION AND USE OF THASSO AND CONTENT PROVIDED THEREON. TGA SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THASSO OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

THE ENDUSER ACKNOWLEDGES THAT TGA: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE ENDUSER’S USE OF THASSO OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THASSO OR CONTENT PROVIDED THEREON MAY BE USED BY THE ENDUSER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THASSO, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT TO THASSO BY PERSONS OTHER THAN MULTUM.

TGA SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE ENDUSER AND PERSONS TREATED BY OR ON BEHALF OF THE ENDUSER) FOR, AND THE ENDUSER AGREES TO INDEMNIFY AND HOLD TGA HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE ENDUSER’S USE OF THASSO OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT TO TASSO BY ENDUSER, 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 TGA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF TGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THASSO IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND ENDUSERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE ENDUSER AND TGA, THE ENDUSER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

Liability of TGA to the Enduser

Under no circumstances shall TGA be liable to the Enduser or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the Enduser’s use of or inability to use thasso or the content of thasso provided thereon or any equipment furnished in connection therewith. TGA’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by TGA under this Agreement specifically relating to the Enduser’s use of the service or product which is the subject of the claim.

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