Revised June 24, 2015
We do not make any representation or warranty about whether the PDR Websites, the PDR Applications or the Services are adequate to meet your privacy and security compliance obligations under the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the security, privacy and other regulations related thereto (collectively, "HIPAA"), or any other standards, laws, rules or regulations. You are responsible for assessing your privacy and security obligations and determining whether your use of the PDR Websites, the PDR Applications or the Services complies.
NO MEDICAL ADVICE IS BEING PROVIDED BY PDR
Neither the PDR Websites, nor the PDR Applications nor the Services provide medical advice or recommendations of particular drugs or products. All Content is provided for information only, and is intended for use by physicians and other healthcare professionals. The Content includes information licensed or obtained from third parties ("Suppliers"), which may be updated periodically. The Content should not be used as a substitute for clinical judgment, and healthcare professionals should independently evaluate and verify information obtained from the PDR Websites, the PDR Applications and the Services. We do not guarantee that the Content covers all possible uses, directions, precautions, interactions or adverse effects that may be associated with any therapeutic treatment. The PDR drug interaction feature on the PDR Applications or the PDR Websites is based on two-drug combinations, and does not reflect the interactions or incompatibilities arising from combinations of more than two drugs at a time.
If you are a consumer, you access the PDR Websites, the PDR Applications and the Services at your own risk. Do not rely on the PDR Websites, the PDR Applications and the Services as a substitute for professional medical advice or a relationship with a physician or other qualified healthcare professional.
YOUR USE OF THE PDR WEBSITES, THE PDR APPLICATIONS AND THE SERVICES
By using the PDR Websites, the PDR Applications or the Services, you represent that you are 18 years of age or older.
PDR Websites, the PDR Applications and the Services are provided to you on a non-exclusive, non-transferable basis solely for your personal, internal, and non-commercial use in the United States; you may access, search, browse and view the Content online, or download or print individual items only for these purposes. You may integrate the Content through your intranet network only for access to and use by you or other Authorized Users; you may not redistribute the Content as a service bureau or for resale. You acknowledge that all right, title and interest in and to the PDR Websites, the PDR Applications and the Services (including the Content) remains with us and our Suppliers, and that any unauthorized redistribution could materially harm us or our Suppliers. You may not:
You agree and acknowledge that your access to and use of PDR Websites, the PDR Applications or the Services may involve transmissions over various networks and devices, and modifications may be required for such transmissions. When using the PDR Websites, the PDR Applications or the Services, information will be transmitted over a medium that may be beyond our control or that of our Suppliers. Accordingly, neither we nor our Suppliers assume liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of PDR Websites, the PDR Applications or the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access PDR Websites, the PDR Applications and the Services, and for all related charges.
REGISTERED USER ACCOUNTS
In order to access some of the PDR Websites, the PDR Applications and the Services, you must create an account as a "Registered User," with a user ID and password that we will use to identify you. You represent and warrant that the information you provide for your account is current, complete and accurate to the best of your knowledge. You agree to update your information to keep it current, complete and accurate.
REGISTERED USER CONDUCT
In addition to the prohibited activities listed above, Registered Users specifically agree that their access to or use of the PDR Websites, the PDR Applications or the Services will not:
INFORMATION COLLECTED FROM MOBILE APPLICATIONS
LINKING TO THE PDR WEBSITES
You may include a simple link from your website to any of the PDR Websites, if you agree to modify any link or accompanying statement at our request. You may not frame any of the PDR Websites or incorporate any portion thereof into a different website or product. You may not link to us if you publish or promote illegal, obscene, or offensive content, or if the link will harm our reputation.
THIRD-PARTY LINKS AND ENVIRONMENTS
The PDR Websites, the PDR Applications and the Services may contain links to third-party websites (the "Linked Sites"). We do not control the Linked Sites, and are not responsible or liable for their content or their privacy and data collection policies and practices. The Linked Sites are provided for your convenience, and you access them at your own risk, subject to their terms, conditions, and privacy policies. The inclusion of links does not imply that we endorse, are affiliated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted material available via the Linked Sites. You may send any feedback about the Linked Sites (e.g., that a link does not work) to us at email@example.com.
PHARMACEUTICAL PRODUCT INFORMATION AND OTHER CONTENT
The PDR Websites, the PDR Applications and the PDR Services display pharmaceutical drug products’ FDA-approved or other manufacturer-supplied labeling. Under the Federal Food, Drug and Cosmetic ("FD&C") Act, a manufacturer may label, promote, and advertise a drug approved for marketing only for those uses for which the drug’s safety and effectiveness have been established. The Code of Federal Regulations, Title 21 Section 201.100(d)(1), requires that Content about prescription products, such as "indications, effects, dosages, routes, methods, and frequency and duration of administration, and any relevant warnings, hazards, contraindications, side effects, and precautions," be the "same in language and emphasis" as is approved for product labeling. All product label information appearing in the Content is prepared and approved by the applicable manufacturer. We do not assume, and expressly disclaim, any obligation to obtain and include any information beyond that provided by the manufacturer. Although the FDA recognizes that the FD&C Act does not prohibit prescriber-authorized "off-label" uses of approved products, all of the Content is intended solely for the "on-label" use of any drug.
In addition to manufacturer-supplied, FDA-approved product label information, the PDR Websites, the PDR Applications and the Services may also display other Content that does not reflect FDA-approved language and/or that is prepared by PDR or its Suppliers, such as: (i) summaries of side effects, warnings, precautions, indications and efficacy of drug products, and (ii) articles and other literature describing, among other things, research findings and news about drug products. All such Content is subject to the notices, disclaimers, and limitations of liability set forth herein.
We reserve the right to remove any Content, no matter the source, at any time. We do not filter our Content or that of any Linked Site for viewing by children, and do not warrant that such information is appropriate for children.
ALL OF THE PDR WEBSITES, THE PDR APPLICATIONS, AND THE SERVICES (INCLUDING ANY CONTENT AND LINKS), ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE PDR WEBSITES, THE PDR APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE PDR WEBSITES, THE PDR APPLICATIONS OR THE SERVICES, CONTENT OR LINKED SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PDR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE PDR WEBSITES, THE PDR APPLICATIONS OR THE SERVICES, YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY ERRORS, OMISSIONS, VIRUSES OR MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN WHICH EVENT OUR LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE PDR WEBSITES, THE PDR APPLICATIONS OR THE SERVICES (INCLUDING THE CONTENT) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
APPLICABLE LAWS; DISPUTES
Your access to and use of the PDR Websites, the PDR Applications and the Services is governed by the laws of the State of New Jersey, without regard to choice of law provisions. Jurisdiction and venue for any legal action directly or indirectly relating to the PDR Websites, the PDR Applications or the Services shall be exclusively in New Jersey. You may not use or export the Content in violation of U.S. export laws and regulations.
Any cause of action or claim you may have with respect to the PDR Websites, the PDR Applications or the Services must be commenced within one (1) year after such cause of action or claim arises. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
SURVIVAL OF CERTAIN TERMS AND CONDITIONS
NOTICES AND PROCEDURES FOR CLAIMING COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), copyright infringement claims should be sent to our designated agent. WE WILL NOT RESPOND TO INQUIRIES NOT RELEVANT TO, OR NOT COMPLIANT WITH THE FOLLOWING PROCEDURE. We respect the intellectual property of others, and ask our users to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of DMCA-compliant notices, we will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity, and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a manner constituting copyright infringement, please submit all of the following:
Copyright infringement claims should be directed to:
ATTN: General Counsel
5 Paragon Drive
Montvale, NJ 07645
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING US OF POTENTIAL COPYRIGHT VIOLATIONS. WE WILL NOT RESPOND TO OTHER INQUIRIES THROUGH THIS PROCESS.
Please send all other notices by mail to: PDR, LLC, ATTN: Customer Service, 5 Paragon Drive, Montvale, NJ 07645, or by e-mail at firstname.lastname@example.org. We may provide notices to you hereunder by posting announcements to the PDR Websites, the PDR Applications or otherwise.
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