Terms of use

By accessing the Web site http://careguidelines.co.uk (the “site”), you are indicating your acceptance of these Terms of Use. The Terms of Use, together with the privacy policy, apply to the entire use you may make of the site. If you do not agree to the Terms of Use then please refrain from using the site.

Information About Us

The site is operated by Milliman, Inc (“Milliman”), a company based in the United States of America whose office is 1301 Fifth Avenue, Suite 3800, Seattle, WA 98101-2605, United States of America.

Information About You and Your Visits to the Site

We process information about you in accordance with our privacy policy (“Privacy Policy”). By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

Restrictions On Use

The Site is provided for information only. You may use this site solely for personal, non-commercial purposes. You may not use this site for any other purpose, including any commercial purpose. For example, you may not co-brand or frame this site without the express prior written permission of Milliman.

Proprietary and Copyright Protected Information

All material and content accessible from this site, including without limitation (a) information, data, articles, descriptions, studies, position papers, and other works of authorship, (b) all technical or internal designs, methods, ideas, concepts, know-how, techniques, documents and templates, and (c) all software, code, user interfaces, look and feel, layout, design, graphics, arrangements, and images (collectively, the “Content”) is the proprietary information of Milliman, and Milliman retains all right, title, and interest in the Content and all intellectual property rights therein. This site, including all Content, is protected by international copyright laws and treaty provisions.

You agree to comply with all copyright laws worldwide in your use of this site, and agree that the site and Content may not be copied, distributed, republished, altered, uploaded, posted, or transmitted in any way, in whole or in part, without the prior written consent of Milliman, except that you may print out a copy of the Content solely for archival purposes. In doing so, you may not remove or alter any copyright, trademark or other proprietary notice appearing on any of the Content. You may not co-brand, frame, or mirror this site or any Content without the express prior written permission of Milliman. No intellectual property rights are transferred to you by access to this site or otherwise.

Third-party Sites

This site is hyperlinked to other sites which are not maintained by, or related to, Milliman. Hyperlinks to such sites are provided as a service to you and the sites are not sponsored by or affiliated with this site or Milliman. Milliman has not reviewed the sites and is not responsible for the content of the sites. Hyperlinks are accessed at your own risk, and Milliman makes no representations or warranties about the content, completeness or accuracy of the hyperlinks or the sites hyperlinked to this site.

Rules for External Links to Site

Milliman welcomes links to this site. You may establish a hypertext link, provided that the link does not state or imply any sponsorship or endorsement of your products or your site by Milliman. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the Milliman site. Milliman may revoke this consent at any time and for any reason. If you do link to the site, you should be aware that internal pages change frequently and without notice, and your link may be repositioned or deleted as a result.

Submissions

You hereby grant to Milliman the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Milliman through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Milliman will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Milliman operations. Milliman will treat any personal information that you submit through this site in accordance with its Privacy Policy.

Disclaimers

The Milliman Care Guidelines® and the information made available to you or obtained through the site are not intended to be used without the judgment of a qualified health care provider with the ability to take into account the individual circumstances of each patient’s case. You agree not to hold Milliman liable for and not to assert against Milliman any claim for damages arising from use of the Milliman Care Guidelines or information made available to you or obtained through the site, including any decision you or others may make based on the Milliman Care Guidelines or information made available to you or obtained through the site.

You agree and acknowledge that Milliman does not guarantee or warrant that files available for downloading from the site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Milliman does not assume any responsibility or risk for your use of this site.

The Content should not be used to replace any written reports, statements, or notices provided by Milliman. The information in this site does not constitute medical, clinical, healthcare, accounting, consulting, investment, legal, tax or any other type of professional advice, and should be used only in conjunction with appropriate professional advisors who have full knowledge of the user’s situation. Professionals and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Milliman does not warrant the accuracy or completeness of the Content or the reliability of any advice, opinion, statement or other information displayed or distributed through the site.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MILLIMAN CARE GUIDELINES AND THE CONTENT DO NOT CONSTITUTE PROCEDURES FOR THE PRACTICE OF MEDICINE AND MILLIMAN DISCLAIMS ANY WARRANTY THAT FOLLOWING THEM CONSTITUTES REASONABLE OR ORDINARY CARE IN THE PROVISION OF HEALTH CARE SERVICES TO ANY INDIVIDUAL PATIENT. MILLIMAN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MILLIMAN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE MILLIMAN CARE GUDELINES AND THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE MILLIMAN CARE GUIDELINES AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MILLIMAN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MILLIMAN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT. MILLIMAN MAKES NO WARRANTIES THAT YOUR USE OF THE MILLIMAN CARE GUIDELINES AND THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Milliman does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

MILLIMAN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, OR SIMILAR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE MILLIMAN CARE GUIDELINES, EVEN IF MILLIMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS OF USE AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, NOR OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MILLIMAN AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU OR ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF [£100] OR THE AMOUNT YOU HAVE PAID TO MILLIMAN FOR THE APPLICABLE CONTENT OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold Milliman, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use by you of Content other than as expressly authorised in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorised use, and you agree to indemnify the Indemnified Parties in respect of any and all resulting loss, damages, judgments, awards, costs, expenses, and legal fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Other Agreements

If you are a client, your relationship may also be governed by a License Agreement relating to your use of the Milliman Care Guidelines. If there is any conflict between the Terms and Conditions and your License Agreement, the License Agreement will govern.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of Milliman or the party that provided the trademarks, service marks, and logos to Milliman. Milliman and any party that provided trademarks, service marks, and logos to Milliman retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the site, and you may not use any metatags or any other hidden text utilising any such marks.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Milliman will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Milliman considers insecure, Milliman will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Milliman reserves the right to release your details (in accordance with all applicable data protection laws) to system administrators at other sites in order to assist them in resolving security incidents. Milliman reserves the right to investigate suspected violations of these Terms of Use.

International Users and Choice of Law

This site is controlled, operated and administered by Milliman from its offices within the United States of America. Milliman makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms of Use shall be governed by the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Access To This Site

To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If Milliman believes the information you provide is not correct, current, or complete, Milliman has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Designated Agent For Notice of Infringement Claims

Milliman respects the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Milliman's Agent for Notice listed below with the following information in a written notice:

Milliman's designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Name of Agent for Notice: Brian Pollack, Corporate Secretary

By mail: 1301 Fifth Ave, Suite #3800, Seattle, Washington USA 98101

By phone: +1 206 624.7940

Send an e-mail to the Agent for Notice: brian.pollack@milliman.com

Please note that, because of security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Changes

Milliman reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes will be effective when notice of such change is posted. Your continued use of the site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Milliman may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. Milliman may also impose limits on certain features and services or restrict your access to parts or all of the site without notice or liability.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, and your License Agreement, if any, constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

Last updated: Nov 2008
Copyright© 2008 Milliman, Inc.

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