Common use of Health and Medical Information Content Clause in Contracts

Health and Medical Information Content. ICP represents, warrants and covenants that: (a) ICP will not engage in or facilitate any practice or service on or through the ICP Programming or the ICP Internet Site that would constitute the illegal or unlicensed practice of medicine, the practice of pharmacy, or other regulated professional practice in the health care area, as defined by applicable state and federal laws, rules and government regulations and/or the regulations, policies or guidelines of any applicable professional or accrediting organization; (b) ICP possesses all necessary governmental authorizations, approvals, consents, licenses, permits, certificates or other rights and permissions to conduct its business as contemplated by this Agreement; (c) if any of the Licensed Content professes to provide expert, professional or other specialty advice or Content (such as, without limitation, medical or psychological, religious, financial, etc.), ICP shall ensure that all such Licensed Content is prepared or reviewed by licensed, insured and qualified practitioners/professionals in such field with expertise on the particular topic and such Licensed Content complies with applicable standards of the applicable profession and all applicable laws and regulations; (d) any physicians used to answer questions from visitors to the ICP Internet Site will be experienced, qualified and competent to provide answers to the questions posed to them, and possess any necessary special qualifications, training, or certification appropriate in the areas in which they answer questions, and will be properly licensed by the appropriate governing body of each jurisdiction where the nature of heir conduct through the ICP Internet Site would require such licensing; and (e) it will promptly provide AOL with such information as AOL may from time to time reasonably request for the purpose of verifying ICP's compliance with its obligations under this paragraph. In the event AOL reasonably determines that there has been a violation of any of the foregoing covenants or if AOL reasonably determines that any Content within the ICP Programming or the ICP Internet Site may reasonably be expected to expose AOL or its Affiliates to legal or financial liability or other adverse consequences, then AOL may (in addition AOL's other rights under this Agreement, at law or in equity), at its option, either (i) restrict access from the AOL Network to the Content in question using technology available to AOL or (ii) in the event access cannot be restricted, direct ICP to remove any such Content. ICP will cooperate with AOL's reasonable requests to the extent AOL elects to implement any such access restrictions. AOL NETWORK DISTRIBUTION. The distribution, placements and/or promotions described in this Agreement or otherwise provided to ICP by AOL shall be used by ICP solely for its own benefit, will link to and promote solely the Licensed Content within the ICP Internet Site or ICP Programming expressly described on Exhibit A and will not be resold, traded, exchanged, bartered, brokered or otherwise offered or transferred to any third party or contain any branding other than ICP's branding. Further, the Content of all such distribution, placements and promotions shall be subject to AOL's policies relating to advertising and promotion, including those relating to AOL's exclusivity commitments and other contractual preferences to third parties; provided that the foregoing shall not be deemed to limit AOL's obligations to ICP hereunder. CHANGES TO AOL PROPERTIES. AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Service, AOL.xxx, XxmpuServe Service, CompxXxxxx.xxx, Xxgital City, Netscape Netcenter or any other AOL Property, including without limitation, by adding or deleting channels, subchannels and/or screens. If AOL eliminates or modifies an area on an AOL Property in a manner that substantially modifies the nature of the distribution required under this Agreement in a material adverse fashion, AOL will work with ICP in good faith to provide ICP with comparable distribution reasonably satisfactory to ICP.

Health and Medical Information Content. ICP represents, warrants and covenants -------------------------------------- that: (a) ICP will not engage in or facilitate any practice or service on or through the ICP Programming or the ICP Internet Site that would constitute the illegal or unlicensed practice of medicine, the practice of pharmacy, or other regulated professional practice in the health care area, as defined by applicable state and federal laws, rules and government regulations and/or the regulations, policies or guidelines of any applicable professional or accrediting organization; (b) ICP possesses all necessary governmental authorizations, approvals, consents, licenses, permits, certificates or other rights and permissions to conduct its business as contemplated by this Agreement; (c) if any of the Licensed Content professes to provide expert, professional or other specialty advice or Content (such as, without limitation, medical or psychological, religious, financial, etc.), ICP shall ensure that all such Licensed Content is prepared or reviewed by licensed, insured and qualified practitioners/professionals in such field with expertise on the particular topic and such Licensed Content complies with applicable standards of the applicable profession and all applicable laws and regulations; (d) any physicians used to answer questions from visitors to the ICP Internet Site will be experienced, qualified and competent to provide answers to the questions posed to them, and possess any necessary special qualifications, training, or certification appropriate in the areas in which they answer questions, and will be properly licensed by the appropriate governing body of each jurisdiction where the nature of heir conduct through the ICP Internet Site would require such licensing; and (e) it will promptly provide AOL with such information as AOL may from time to time reasonably request for the purpose of verifying ICP's compliance with its obligations under this paragraph. In the event AOL reasonably determines that there has been a violation of any of the foregoing covenants or if AOL reasonably determines that any Content within the ICP Programming or the ICP Internet Site may reasonably be expected to expose AOL or its Affiliates to legal or financial liability or other adverse consequences, then AOL may (in addition AOL's other rights under this Agreement, at law or in equity), at its option, either (i) restrict access from the AOL Network to the Content in question using technology available to AOL or (ii) in the event access cannot be restricted, direct ICP to remove any such Content. ICP will cooperate with AOL's reasonable requests to the extent AOL elects to implement any such access restrictions. AOL NETWORK DISTRIBUTIONNetwork Distribution. The distribution, placements and/or promotions ------------------------ described in this Agreement or otherwise provided to ICP by AOL shall be used by ICP solely for its own benefit, will link to and promote solely the Licensed Content within the ICP Internet Site or ICP Programming expressly described on Exhibit A and will not be resold, traded, exchanged, bartered, brokered or otherwise offered or transferred to any third party or contain any branding other than ICP's branding. Further, the Content of all such distribution, placements and promotions shall be subject to AOL's policies relating to advertising and promotion, including those relating to AOL's exclusivity commitments and other contractual preferences to third parties; provided that the foregoing shall not be deemed to limit AOL's obligations to ICP hereunder. CHANGES TO Changes to AOL PROPERTIESProperties. AOL reserves the right to redesign or modify the ------------------------- organization, structure, "look and feel," navigation and other elements of the AOL Service, AOL.xxxXXX.xxx, XxmpuServe CompuServe Service, CompxXxxxx.xxxXxxxxXxxxx.xxx, Xxgital Digital City, Netscape Netcenter or any other AOL Property, including without limitation, by adding or deleting channels, subchannels and/or screens. If AOL eliminates or modifies an area on an AOL Property in a manner that substantially modifies the nature of the distribution required under this Agreement in a material adverse fashion, AOL will work with ICP in good faith to provide ICP with comparable distribution reasonably satisfactory to ICP.

Health and Medical Information Content. ICP Company represents, warrants and -------------------------------------- covenants that: that (a) ICP Company will not engage in or facilitate any practice or service on or through the ICP PMR Service, the AOL PMR Service, the Company Programming or the ICP Company Internet Site that would constitute the illegal or unlicensed unauthorized practice of medicine, the practice of pharmacy, or other regulated professional practice in the health care area, as defined by applicable state and federal laws, rules and government regulations and/or the regulations, policies or guidelines of any applicable professional or accrediting organization; (b) ICP Company possesses all necessary governmental authorizations, approvals, consents, licenses, permits, certificates or other rights and permissions to conduct its business as contemplated by this Agreement; (c) if any of the Licensed Content professes to provide expert, professional or other specialty advice or Content (such as, without limitation, medical or psychological, religious, financial, etc.), ICP Company shall ensure that all such Licensed Content is prepared or reviewed by licensed, insured and qualified practitioners/professionals in such field with expertise on the particular topic and such Licensed Content complies with applicable standards of the applicable profession and all applicable laws and regulations; (d) any physicians used to answer questions from visitors to users of the ICP PMR Service, the AOL PMR Service and/or the Company Internet Site will be experienced, qualified and competent to provide answers to the questions posed to them, and possess any necessary special qualifications, training, or certification appropriate in the areas in which they answer questions, and will be properly licensed by the appropriate governing body of each jurisdiction where the nature of heir conduct through the ICP PMR Service, the AOL PMR Service, or the Company Internet Site would require such licensing; and (e) it will promptly provide AOL with such information as AOL may from time to time reasonably request for the purpose of verifying ICPCompany's compliance with its obligations under this paragraph. In the event AOL reasonably determines that there has been a violation of any of the foregoing covenants covenants, or if AOL reasonably determines that any Content within the ICP Programming PMR Service, the AOL PMR Service or the ICP Company Internet Site may reasonably be expected to expose AOL or its Affiliates to legal or financial liability or other adverse consequences, then AOL may (in addition AOL's other rights under this Agreement, at law or in equity), at its option, either (i) restrict access from the AOL Network to the Content in question using technology available to AOL or (ii) in the event access cannot be restricted, direct ICP Company to remove any such Content. ICP Company will cooperate with AOL's reasonable requests to the extent AOL elects to implement any such access restrictions. AOL NETWORK DISTRIBUTION. The distribution, placements and/or promotions described in this Agreement or otherwise provided to ICP by AOL shall be used by ICP solely for its own benefit, will link to and promote solely the Licensed Content within the ICP Internet Site or ICP Programming expressly described on Exhibit A and will not be resold, traded, exchanged, bartered, brokered or otherwise offered or transferred to any third party or contain any branding other than ICP's branding. Further, the Content of all such distribution, placements and promotions shall be subject to AOL's policies relating to advertising and promotion, including those relating to AOL's exclusivity commitments and other contractual preferences to third parties; provided that the foregoing shall not be deemed to limit AOL's obligations to ICP hereunder. CHANGES TO AOL PROPERTIES. AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Service, AOL.xxx, XxmpuServe Service, CompxXxxxx.xxx, Xxgital City, Netscape Netcenter or any other AOL Property, including without limitation, by adding or deleting channels, subchannels and/or screens. If AOL eliminates or modifies an area on an AOL Property in a manner that substantially modifies the nature of the distribution required under this Agreement in a material adverse fashion, AOL will work with ICP in good faith to provide ICP with comparable distribution reasonably satisfactory to ICP.