Term of Use

DrugsAce: Term of Use

DrugsAce grant you permission as a user to access and use our websites at https://drugsace.com and any other websites we may host now or in the future (the “DrugsAce Websites“), and our mobile applications, including DrugsAce, Drugs Generic/Brands^®, and any other applications we may provide now or in the future (the “DrugsAce Applications“), together with any text, data, specifications, images, audio and video files, articles, databases, and other information we may publish on any of the DrugsAce Websites or in the DrugsAce Applications (the “Content“), conditioned on your acceptance of the following terms and conditions ( these “Terms of Use“).

SCOPE OF THESE TERMS OF USE

These Terms of Use also apply to all services provided by DrugsAce, now or in the future (the “Services“), to the extent that the Services involve access to or use of the DrugsAce Websites and/or the DrugsAce Applications (including any Content thereon), other than the DrugsAce Digital Drug Database™, which has its own terms of use.

YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use and our Privacy Policy apply each time you access or use the DrugsAce Websites, the DrugsAce Applications or the Services; please read them carefully. When you access or use the DrugsAce Websites, the DrugsAce Applications or the Services, you accept these Terms of Use as if you had signed them, and you consent to our collecting and using your information as described in these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the DrugsAce Websites, the DrugsAce Applications or the Services.

We may revise or terminate these Terms of Use at any time, without notice to you; you are responsible for reviewing them both regularly. If you use the Services after we revise these Terms of Use or our Privacy Policy, you agree to be bound by the revisions.

We do not make any representation or warranty about whether the DrugsAce Websites, the DrugsAce 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 DrugsAce Websites, the DrugsAce Applications or the Services complies.

NO MEDICAL ADVICE IS BEING PROVIDED BY DRUGSACE

Neither the DrugsAce Websites, nor the DrugsAce 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 DrugsAce Websites, the DrugsAce 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 DrugsAce drug interaction feature on the DrugsAce Applications or the DrugsAce 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 DrugsAce Websites, the DrugsAce Applications and the Services at your own risk. Do not rely on the DrugsAce Websites, the DrugsAce Applications and the Services as a substitute for professional medical advice or a relationship with a physician or other qualified healthcare professional.

PROPRIETARY RIGHTS

The DrugsAce Websites, the DrugsAce Applications and the Services (including the Content contained thereon) contain proprietary and confidential information that: (a) is the sole property of DrugsAce or its Suppliers; (b) is protected under U.S. and international patent, copyright, trademark, trade secret and other intellectual property law; and (c) may only be used in accordance with these Terms of Use or our express written consent. You are granted only those rights necessary for appropriate access to and use of the Content. All trademarks, service marks, trade names and tradedress (the “Marks“), whether registered or unregistered, appearing in the Content are proprietary to us or our Suppliers. You may not display or reproduce the Marks without our prior written consent, and you may not remove or otherwise modify any patent, copyright, trademark, other proprietary notice or disclaimer from any Content. Any Content owned by our Suppliers may be subject to additional restrictions. We and our Suppliers reserve all other rights not granted in these Terms of Use.

YOUR USE OF THE DRUGSACE WEBSITES, THE DRUGSACE APPLICATIONS AND THE SERVICES

By using the DrugsAce Websites, the DrugsAce Applications or the Services, you represent that you are 18 years of age or older.

DrugsAce Websites, the DrugsAce 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 DrugsAce Websites, the DrugsAce 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:

Access the DrugsAce Websites, the DrugsAce Applications and the Services by any means other than the interface we provide;
Access or attempt to access any system or server on which the DrugsAce Websites, the DrugsAce Applications or the Services are hosted for any unauthorized or illegal purpose;
Use any robots, spiders, crawlers, or other automated downloading programs, algorithms or devices, or any manual process to search, scrape, extract, deep link, index or disrupt the DrugsAce Websites, the DrugsAce Applications or the Services, or any computers, networks or other hardware;
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;
Abridge, modify, translate, copy, display, retain, publish, license, create derivative works from, transmit, distribute, or sell any Content, except to the extent necessary to make the Content perceptible on a computer screen;
Use, download, publish, transfer, sell, lease, license, duplicate, or scrape any database, in whole or in part, in any medium whatsoever, underlying the DrugsAce Websites, the DrugsAce Applications and any of the Services;
Forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or from the DrugsAce Websites, the DrugsAce Applications or the Services; or
Reverse engineer, disassemble, decompile, duplicate, modify or alter the DrugsAce Websites, the DrugsAce Applications or the Services.

You agree and acknowledge that your access to and use of DrugsAce Websites, the DrugsAce Applications or the Services may involve transmissions over various networks and devices, and modifications may be required for such transmissions. When using the DrugsAce Websites, the DrugsAce 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 DrugsAce Websites, the DrugsAce Applications or the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access DrugsAce Websites, the DrugsAce Applications and the Services, and for all related charges.

INFORMATION COLLECTED FROM MOBILE APPLICATIONS

The Services (including the Content) may be provided via different mediums and devices, including mobile applications. When you use our mobile applications, we collect certain data from and about your device, such as geolocation, device type, device ID, operating system, wireless service provider, and details on the operation and use of the application, such as features used, pages viewed, and times or duration of use. By accessing the Services (including the Content) on a mobile application, you agree we may collect this data and use, transmit, process and store it as described in our Privacy Policy, including to provide and improve our Services.

LINKING TO THE DRUGSACE WEBSITES

You may include a simple link from your website to any of the DrugsAce Websites, if you agree to modify any link or accompanying statement at our request. You may not frame any of the DrugsAce 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 DrugsAce Websites, the DrugsAce 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 info@drugsace.com.

You may access all or part of the DrugsAce Websites, the DrugsAce Applications and the Services (including Content) via third party environments, services, systems, or applications, such as electronic health records, electronic medical records or electronic prescribing applications or systems (“Third Party Environments“), which may have their own terms of use. Any such terms of use do not apply to your use of the DrugsAce Websites, the DrugsAce Applications and the Services. You may opt out of any of the Services contained in a Third Party Environment, if and to the extent allowed, by following the processes and policies of such Third Party Environment.

PHARMACEUTICAL PRODUCT INFORMATION AND OTHER CONTENT

The DrugsAce Websites, the DrugsAce Applications and the DrugsAce 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 DrugsAce Websites, the DrugsAce Applications and the Services may also display other Content that does not reflect FDA-approved language and/or that is prepared by DrugsAce 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.

DISCLAIMERS

ALL OF THE DRUGSACE WEBSITES, THE DRUGSACE 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 DRUGSACE WEBSITES, THE DRUGSACE 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 DRUGSACE WEBSITES, THE DRUGSACE 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 DRUGSACE, 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 DRUGSACE WEBSITES, THE DRUGSACE 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 DRUGSACE WEBSITES, THE DRUGSACE APPLICATIONS OR THE SERVICES (INCLUDING THE CONTENT) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). TERMINATION

You agree that we may, without prior notice, temporarily or permanently discontinue any or all of the DrugsAce Websites, the DrugsAce Applications or the Services, or eliminate your account and delete any information you provided. Grounds for termination include, without limitation: (a) breaches or violations of these Terms of Use by you or anyone who uses your account; (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuation or material modification of any part of the DrugsAce Websites, the DrugsAce Applications or the Services; (e) technical or security issues; (f) extended periods of inactivity; and/or (g) your engaging in fraud or illegal activities. You agree that termination is in our sole discretion, and neither we nor our Suppliers shall be liable to you or any third party for any termination of your account or access to the DrugsAce Websites, the DrugsAce Applications or the Services (including the Content).

You agree that we may investigate your use of the DrugsAce Websites, the DrugsAce Applications or the Services to identify violations of these Terms of Use, or to comply with applicable laws, regulations, governmental requests or legal processes. We reserve the right to require you to destroy any paper or electronic copies of any Content in your possession when your ability to access or use the DrugsAce Websites, the DrugsAce Applications or the Services is terminated.

APPLICABLE LAWS; DISPUTES

Your access to and use of the DrugsAce Websites, the DrugsAce 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 DrugsAce Websites, the DrugsAce 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.

If there is any dispute between us concerning these Terms of Use or your use of the DrugsAce Websites, the DrugsAce Applications or the Services, you agree that such dispute will be submitted to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be conducted under the rules of the American Arbitration Association, and the venue will lie in New Jersey. Any cause of action or claim you may have with respect to the DrugsAce Websites, the DrugsAce 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.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless DrugsAce, its officers, directors, employees, agents and Suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or anyone using your account.

GENERAL PROVISIONS

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable under the law of a specific jurisdiction, the affected provision will be reformed, construed and enforced in that jurisdiction as appropriate, but will remain as written for all other jurisdictions. You agree that these Terms of Use or your use of the DrugsAce Websites, the DrugsAce Applications or the Services do not create a joint venture, partnership, employment, or agency relationship between you and us. Our performance of the Services is subject to existing laws and legal processes, and these Terms of Use do not limit our right to comply with law enforcement requests or requirements relating to your use of the Services, or information we obtain with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and us with respect to the DrugsAce Websites, the DrugsAce Applications or the Services. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms of Use.

SURVIVAL OF CERTAIN TERMS AND CONDITIONS

The sections relating to Proprietary Rights, Disclaimers, Limitation of Liability, Applicable Laws; Disputes, Indemnification and the General Provisions shall survive any termination of these Terms of Use

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:

a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that allegedly is infringed;
a description of the location within the DrugsAce Websites, the DrugsAce Applications or the Services of the allegedly-infringing material;
your address, telephone number, and email address and all other information reasonably sufficient to permit DrugsAce to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send all other notices by e-mail at customerservice@pdr.net. We may provide notices to you hereunder by posting announcements to the PDR Websites, the PDR Applications or otherwise.

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.