Terms

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(Last modified May 10, 2012)

Introduction

1.1         The terms “we,” “us,” and “RxISK” refer to Data Based Medicine Americas Ltd., a corporation incorporated under the laws of Canada, and its affiliated companies.

1.2         These terms and conditions, including the attached Schedule “A” (“Terms and Conditions”), govern your use of RxISK.org,  SSRIStories.org, RX Withdrawal.org, Report.RxISK.org and DavidHealy.org (the “Website(s)”); by using these Websites, you accept these Terms and Conditions in full. Please read them carefully. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use any of the Websites. By continuing to use the Websites, you are indicating your agreement to the Terms and Conditions and all revisions.

1.3         The Websites use cookies. By using the Website and agreeing to these Terms and Conditions, you consent to our use of cookies in accordance with the terms of our Privacy Policy.

1.4         These Terms and Conditions do not grant you the right to use any branding or logos used on the Website.

1.5         Our Privacy Policy explains how we treat the personal information you provide and protect your privacy and the privacy of any other person for whom you provide personal information. By using the Website you agree we can use the data you provide in accordance with our Privacy Policy.

1.6         We reserve the right to any time to modify or discontinue, temporarily or permanently, the Website or any portion with or without notice. You agree that RxISK will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any portion of it.

License to use the Website

2.1         Unless otherwise stated, we or our licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved and you do not acquire ownership of any intellectual property rights in the content that you access.

2.2        You may view, download for caching purposes only, and print pages or reports from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.

2.3        You must not:

(a) republish material from the Website (including republication on another website);

(b) sell, rent, or sub-license material from the Website;

(c) show any material from the Website in public;

(d) reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose;

(e) edit or otherwise modify any material on the Website; or

(f)  redistribute material from this Website except for content specifically and expressly made available for redistribution (such as a newsletter).

2.4        Where content is specifically made available for redistribution, it may only be redistributed to your personal healthcare providers.

Acceptable use

3.1         The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Website, use of the Website or access to the Website.

3.2        You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

3.3        You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

3.4        You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent.

3.5         You must not use the Website to transmit or send unsolicited commercial communications.

3.6        You must not use the Website for any purposes related to marketing without our express written consent.

Restricted access

4.1         Access to certain areas of the Website is restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.

4.2        If we provide you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that that user ID and password is kept confidential. If you learn of any unauthorized use of your password or account, please notify us as soon as possible.

4.3        We may disable your user ID and password in our sole discretion without notice or explanation.

Information Provided By Lexicomp

5.1         Some of the drug information available on the Website is provided by Lexi-Comp Inc. (“Lexicomp”) under the terms of a licence agreement with RxISK. By accepting the Terms and Conditions you are also agreeing to the terms of the Lexicomp Integrated Product End-User Licence Agreement (the “End-User Agreement”) which sets out the terms and conditions of the licence granted by Lexicomp to you. A copy of the End-User Agreement is attached as Schedule “A” and forms part of the Terms and Conditions. Access to the Lexicomp information will only be available after you become a registered user of the Website.

5.2         The End-User Agreement makes it clear that information supplied by Lexicomp is separate and apart from other information available on the Website. Lexicomp’s copyright notice will appear on the first page of any text or reports printed that involve data or functionality provided by Lexicomp.

User-generated content (chat rooms, bulletin boards, blogs, forums)

6.1         In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the Website, for whatever purpose, including your report of an adverse drug reaction.

6.2        Subject to the terms of our Privacy Policy, when you upload or otherwise submit content to the Website, you grant to us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, host, store, reproduce, modify, adapt, publish, translate, disseminate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. The license continues even if you stop visiting the Website. Make sure you have the necessary rights to grant us this license for any content or data you submit to the Website.

6.3        Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

6.4        You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

6.5         You agree that we have the right, but not the obligation, to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website, or to merge text or concept with other contributions in our sole discretion.

6.6        Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

Copyright

7.1         Information contained on the Website is protected by copyright. Title to the Website and materials and information contained on the Website belongs to and remains with Data Based Medicine Americas Ltd., its affiliates, related companies, and their licensors. Any copying, retransmission, distribution, republication, or further dissemination of information contained on the Website is prohibited without our prior written consent.

7.2        Certain names, words, titles, phrases, logos, designs, graphics, icons, and marks displayed on the Website or in the materials or information contained on the Website may constitute our trademarks or trade names, or those of related companies, their licensors or other third parties. Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise any license or right to use any such marks or names or other intellectual property rights belonging to us or our licensors, or any other third party. Any unauthorized use of our trademarks or trade names, and those of our affiliates, related companies, and their licensors is strictly prohibited.

Not Providing Medical Advice

8.1         You expressly agree that RxISK is not providing medical advice via the Website.  The content provided through the Website, including all RxISK Reports, RxISK Scores and all other text, reports, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label.  Should you have any health related questions, please call or see your physician or other healthcare provider promptly.  Should you have an emergency, call your physician or 911 immediately.  You should never disregard medical advice or delay in seeking medical advice because of any content presented on this Website, and you should not use the Website or any content on the Website for diagnosing or treating a health problem.  The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and RxISK.

Limited warranties

9.1         We do not warrant the completeness or accuracy of the information published on the Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date.

9.2        To the maximum extent permitted by applicable law we exclude all representations, warranties, and conditions relating to the Website and the use of the Website (including, without limitation, any warranties implied by law of merchantability, fitness for purpose, title, and/or the use of reasonable care and skill).

Limitations and exclusions of liability

10.1     Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

10.2     The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract and/or in tort.

10.3     To the extent that the Website and the information and services on the Website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

10.4     We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.5     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.

10.6     We will not be liable to you in respect of any loss or corruption of any data, database, or software.

10.7     We will not be liable to you in respect of any special, indirect, or consequential loss or damage.

Indemnity

11.1      You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Breaches of these Terms and Conditions

12.1     Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you. We may suspend your access to the Website while we are investigating suspected misconduct.

12.2     If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean that we are giving up any rights that we may have, such as taking action in the future.

Variation

13.1     We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of the Website from the date of the publication of the revised Terms and Conditions on the Website. Changes will not apply retrospectively. Please check this page regularly to ensure you are familiar with the current version. If you do not agree to the revised Terms and Conditions, you should discontinue your use of the Website.

Assignment

14.1     We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

14.2     You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Severability

15.1      If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third-party rights

16.1     These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.

Entire agreement

17.1     These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website.

Law and jurisdiction

18.1     These Terms and Conditions and our Privacy Policy will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

Our details

19.1     The full name of our company is Data Based Medicine Americas Ltd.

Our address is:

Data Based Medicine Americas Ltd.
Department of Family Medicine
McMaster University
100 Main Street West, 3rd Floor
Hamilton ON L8P 1H6

Attn: Dr. Dee Mangin

You can contact us by email at: Info@RxISK.org

 

Schedule “A”

Lexicomp Integrated ™ Product End-User License Agreement

This product utilizes the Lexicomp Integrated ™ platform (the “Lexicomp Product”), which contains information provided by Lexi-Comp, Inc. (D.B.A. Lexicomp) (“Lexicomp”) and/or Cerner Multum, Inc. (“Multum”).  The Lexicomp Product is a product licensed to you by Lexicomp.  The Lexicomp Product and the “Client System” are separate products provided by separate entities.  The Lexicomp Product is intended for use in the United States.

Your use of this product acknowledges acceptance of these restrictions, disclaimers, and limitations.  You expressly acknowledge and agree that neither Lexicomp nor Multum is responsible for the results of your decisions resulting from the use of the Lexicomp Product, including, but not limited to, your choosing to seek or not to seek professional medical care, or from choosing or not choosing specific treatment based on the Lexicomp Product.

Every effort has been made to ensure that the information provided in the Lexicomp Product is accurate, up-to-date, and complete, but no guarantee is made to that effect.  In addition, the drug information contained herein may be time sensitive.

The Lexicomp Product does not endorse drugs, diagnose patients, or recommend therapy.  The Lexicomp Product is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information.  Healthcare practitioners should use their professional judgment in using the information provided.  The Lexicomp Product is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances.  The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient.

Lexicomp does not assume any responsibility for any aspect of healthcare administered or not administered with the aid of information the Lexicomp Product provides.

Disclaimer of Warranties

THE END-USER ACKNOWLEDGES THAT THE LEXICOMP PRODUCT IS PROVIDED ON AN “AS IS” BASIS.  EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, LEXICOMP, MULTUM AND ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE LEXICOMP PRODUCT, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE LEXICOMP PRODUCT HAS BEEN DESIGNED FOR USE IN THE UNITED STATES ONLY AND COVERS THE DRUG PRODUCTS USED IN PRACTICE IN THE UNITED STATES.  NEITHER LEXICOMP NOR MULTUM PROVIDE ANY CLINICAL INFORMATION NOR DO LEXICOMP NOR MULTUM CHECK FOR DRUGS NOT AVAILABLE FOR SALE IN THE UNITED STATES AND CLINICAL PRACTICE PATTERNS OUTSIDE THE UNITED STATES MAY DIFFER SUBSTANTIALLY FROM INFORMATION SUPPLIED BY THE LEXICOMP PRODUCT.  NEITHER LEXICOMP NOR MULTUM WARRANT THAT USES OUTSIDE THE UNITED STATES ARE APPROPRIATE.

The End-User acknowledges that updates to the Lexicomp Product are at the sole discretion of Lexicomp.  Lexicomp makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Lexicomp Product, or future releases thereof, with any computer hardware or software, nor does Lexicomp represent or warrant the continuity of the features or the facilities provided by or through the Lexicomp Product as between various releases thereof.

Any warranties expressly provided herein do not apply if: (i) the End-User alters, mishandles or improperly uses, stores or installs all, or any part, of the Lexicomp Product, (ii) the End-User uses, stores or installs the Lexicomp Product on a computer system which fails to meet the specifications provided by Lexicomp, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Lexicomp.

Assumption of Risk, Disclaimer of Liability, Indemnity

THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE LEXICOMP PRODUCT AND CONTENT PROVIDED THEREON.  NEITHER LEXICOMP NOR MULTUM SHALL BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE LEXICOMP PRODUCT OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.

THE END-USER ACKNOWLEDGES THAT LEXICOMP AND/OR MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE LEXICOMP PRODUCT, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE LEXICOMP PRODUCT BY PERSONS OTHER THAN LEXICOMP OR MULTUM RESPECTIVELY.

LEXICOMP, MULTUM AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD LEXICOMP AND MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE LEXICOMP PRODUCT OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE LEXICOMP PRODUCT BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY.  FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL LEXICOMP, MULTUM AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF LEXICOMP OR MULTUM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE INFORMATION CONTAINED WITHIN THE LEXICOMP PRODUCT IS INTENDED FOR USE ONLY AS AN INFORMATIONAL TOOL AND END-USERS ARE URGED TO CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL REGARDING THEIR SPECIFIC SITUATION FOR DIAGNOSIS OR BY PHYSICIANS AND PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT.  AS BETWEEN THE END-USER AND LEXICOMP OR MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.

Liability of Lexicomp to the End-User

Under no circumstances shall Lexicomp, Multum, and their respective affiliates be liable to the End-User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End-User’s use of or inability to use the Lexicomp Product or the content of the Lexicomp Product provided thereon or any equipment furnished in connection therewith.  Lexicomp’s and Multum’s total maximum cumulative liability hereunder in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Lexicomp under this Agreement specifically relating to the End-User’s use of the Lexicomp Product or product which is the subject of the claim.