Terms of Use

Scope of these Terms of Use

We provide users of the Site with access to a wide array of information and resources which may be provided to you in a variety of mediums and devices. These resources include without limitation news, reference tools and applications, sponsored programming, personalized content, continuing medical education, communication tools and discussion boards (collectively, the “Services”). The Services are intended for researchers, physicians, healthcare and other biomedical professionals (collectively, the “Users”).

Our Information

The information made available through the Services is intended for the Users. While we hope Users find the Services helpful, you should remember that it is not meant to serve as a substitute for your own judgment as a healthcare professional. We do not provide medical advice. If you are a consumer who chooses to use the professional-level information available to you through the Services, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. We follow standard sets of editorial procedures for information that we make available through the Services. However, we don’t offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It’s your job to evaluate the information and results from Services we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information made available or otherwise obtained through the Services with other sources before undertaking any treatment based on such information. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional.

Clinical Databases

The Services include clinical tools and databases intended for use by Users. These tools do not give professional advice or recommend particular products. Users who use these tools or databases should exercise their own judgment as to the information they provide. Consumers who use the tools or databases do so at their own risk. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users should always consult their physician or other qualified healthcare professional.

AS-IS Basis

Proprietary Rights

You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under the laws of the United States of America and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, redistribute, create derivative works, or rent any information presented to you through the Services, in whole or in part. Further, you are prohibited from using, downloading, republishing, selling, duplicating, or “scraping” for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services.

Linking to Us

Conduct For Forums and Comments

If you use any of the current or future Forum or Comments features of the Services (the “Community Services”), you are responsible for all communications, information, data, text, graphics, messages and other material (“User Content”) that you upload, post, transmit, email or otherwise distribute through Community Services. Neither we nor our licensors are responsible for the consequences of the User Content posted by you or any other party through Community Services, and as such, do not guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Community Services, you may be exposed to User Content that is offensive or objectionable. In no event will we be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content uploaded, posted, transmitted, emailed or otherwise made available through the Community Services. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor, a hospital or if you reside in the USA, call 911 immediately.

Violate local, state, national, or international laws;
Post, upload, email, transmit or otherwise distribute any User Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
Post, upload, email, transmit or otherwise distribute any User Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion;
Harm minors in any way;
Post advertisements or solicitations of business;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Community Services;
Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
Impersonate another person or business entity or stalk or otherwise harass another person;
Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
Harvest or otherwise collect information about others, including email addresses;
Allow any other person or entity to use your identification for posting or viewing comments;
Interfere with or disrupt the Community Services or computers, networks or other hardware connected to the Community Services, or disregard any requirements or policies of networks connected to the Community Services;
Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Community Services, or which, in our sole judgment, exposes us or our customers or suppliers to any liability or detriment of any type;
Fail to respect other users’ privacy. This includes revealing another user’s password, phone number, address, instant messenger I.D. or address or any other personally identifiable information;
Create member names, or post solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or

Record or pre-screen the dialogue in a public chat room;
Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the User Content;
Remove Content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
Terminate your access to any or all Community Services upon our determination that you have violated these Terms of Use; or
Edit User Content.

Information that You Provide to the Services

When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. For example, if you post a comment to the Services, you grant us the right to display that comment through the Services for as long as we want. We will consider requests to remove information that you make publicly available through the Services on an individual basis (contact us at the email address we provide at the end of this document). For information that you submit to areas of the Services that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties’ use or misuse of information transmitted or received using the Services.

Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including requests for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

Privacy Policy

Laws that Govern this Agreement

The Services made available through the Site from the United States of America. The Services can be accessed from any from other country worldwide. Since the laws of each State in the USA or other country with access to the Services may differ, by accessing the Services, you agree that the statutes and laws of the state of New York, USA, and will apply to all matters relating to use of the Services. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. If you access the Services from outside the United States of America, you are responsible for compliance with the laws of your jurisdiction.

Consequences

We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our affiliates harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New York.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

Liability

Your use of the Services is at your own risk. The Services and information included therein are provided on an “as is” basis. WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Services or information contained therein.
The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.

In no event will we, our licensors, our suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, ours suppliers, or any third parties mentioned with the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services shall be liable only to the extent of actual damages incurred by you, not to exceed US$1000. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.