PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING "HUMAN DRUGS APP".
1. DESCRIPTION OF THE SERVICE. This Agreement governs your use of the "Human Drugs App" (hereinafter referred to as HDA or the Service).
2. ACCESS. In order to use the HDA, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device.
3. LICENSE GRANT. Subject to the terms of this Agreement, HDA hereby grants to you a limited, non-exclusive, nontransferable license to download and install the Application and to access and use the HDA. You may not rent, lease, sell, sublicense, assign, export or otherwise transfer, or allow others to use the HDA or any underlying Software, technology or other information, including any printed materials of the same, nor may you create derivative works of or otherwise modify the same. This license will automatically terminate if you do not comply with the terms of this Agreement.
4. EXPORT. You may not download or otherwise export or re-export any underlying Software, technology or other information from the Service except in full compliance with all U.S. and other applicable laws and regulations.
5. SUPPORT. We shall have no obligation to provide you with any maintenance or support relating to the Service.
6. LINKS. We may provide, or third parties may provide, links to other World Wide Web sites or resources. We does not endorse and is not responsible for any data, Software or other content available from such sites or resources and you acknowledge and agree that We shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such data, Software or other content.
7. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HDA AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES HDA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. HDA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
8. MEDICAL DISCLAIMERS. IT IS IMPORTANT THAT THE SERVICE BE USED ONLY AS A REFERENCE TOOL, SIMILAR TO THE USE OF A TEXTBOOK OR A JOURNAL ARTICLE AND THAT THE SERVICE NOT BE USED AS A SUBSTITUTE FOR PHYSICIAN OR NURSE PRACTITIONER DIAGNOSTIC DECISION MAKING. THE RESPONSIBILITY FOR DECISIONS REGARDING ACTUAL PATIENT CARE RESTS SOLELY WITH THE PHYSICIAN OR NURSE PRACTITIONER TREATING A PATIENT. THE SERVICE IS NOT INTENDED TO PROVIDE THE "RIGHT ANSWER" OR TO GIVE DEFINITIVE MEDICAL CONSULTATION. THE SERVICE IS A MEDICAL REFERENCE, AND SHALL NOT BE USED AS A DIAGNOSTIC DECISION MAKING SYSTEM AND MUST NOT BE USED TO REPLACE OR OVERRULE A PHYSICIAN’S JUDGMENT OR A PHYSICIAN’S DIAGNOSIS.
9. NATIONAL LIBRARY OF MEDICINE (NLM) DISCLAIMERS. HDA ACKNOWLEDGES THAT THE SERVICE MAY INCORPORATE DATABASES OR PORTIONS OF DATABASES OF THE NATIONAL LIBRARY OF MEDICINE. PURSUANT TO THE NLM LICENSE, HDA HAS THE RIGHT TO COPY AND DISTRIBUTE CONTENT FROM THE NLM, AS WELL AS DEVELOP DERIVATIVE WORKS THEREOF. IN CONSIDERATION FOR THIS LICENSE, HDA INFORMS ITS USERS THAT:“NLM REPRESENTS THAT THE DATA PROVIDED UNDER THIS AGREEMENT WERE FORMULATED WITH A REASONABLE STANDARD OF CARE. EXCEPT FOR THIS REPRESENTATION, AND AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, NLM MAKES NO REPRESENTATION OR WARRANTIES, EXPRESSED OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE NLM DATABASES, AND NLM SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES AND REPRESENTATIONS.”
10. LIMITATION OF LIABILITY. YOU UNDERSTAND AND AGREE THAT HDA AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSESQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST DATA OR LOST PROFITS ARISING FROM OR RELATING TO: (i) YOUR USE OF THE SERVICE OR USE OF THE SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE DATA, INFORMATION OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. HDA’S TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW, WILL NOT EXCEED THE UNUSED PORTION OF FEES PAID FOR THE SERVICE. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, HDA SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND HDA AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE FEES YOU PAID US DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND HDA AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, HDA CHARGE YOU TO USE THE APPLICATION. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, HDA WOULD NOT PROVIDE THE APPLICATION TO YOU.
11. INDEMNIFICATION. You agree to indemnify and hold HDA, its officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service or breach of this Agreement or violation of any rights of another.
12. TERMINATION. You may terminate this Agreement at any time by notifying HDA in writing. HDA may at its sole discretion terminate this Agreement at any time, with or without prior notification, in the event you fail to comply with the terms and conditions of this Agreement. HDA reserves the right to modify or terminate the Agreement, Services and/or product offerings at any time without notice to you. HDA has the right to terminate a free membership at any time.
13. NOTICES; AMENDMENTS. Notices shall be provided to you by displaying notices or links to notices to you on the Service, or by e-mail or regular mail to the addresses specified in your Registration Data. HDA may amend this Agreement at any time by providing notice of such amendments to you as required in the previous sentence, or by posting amended forms of this Agreement on this Site. Such amended forms shall be effective immediately upon delivery of the notice or its posting. It is at all times your responsibility to read the most current form of this Agreement before using the Service to ensure that you agree to the terms and conditions of any amendments made to this Agreement. You agree that these standards for notice of amendments to this Agreement are reasonable.
14. PROPRIETARY RIGHTS TO CONTENT. You acknowledge and agree that the Service and any necessary Software used in connection with the Service, including, without limitation, the Software, text, sound, photographs, video, graphics or other material contained in or presented to you as part of the Service ("Content"), contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All Content is copyrighted and is protected under state and federal law, as well as international treaties and the copyright laws of other countries. You may not copy, reproduce, distribute or create derivative works based on the Service or the Content, in whole or in part. All rights not expressly granted herein are reserved by HDA and its suppliers.
15. PROHIBITED USES OF SERVICE. You agree not to resell the Service or use of or access to the Service. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service. You agree to use reasonable efforts to keep persons with access to the Service from using it for the development, stockpiling or deployment of chemical or biological weapons; if you cannot accept this constraint, or if any military application is anticipated, a special license agreement, approved by the U.S. Department of Commerce, will be required in addition to this Agreement.
16. GOVERNMENT END USERS. Each of the components that constitute the Service and its related documentation is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the components of the Service and any documentation provided with the Service with only those rights set forth in this Agreement.
17. MOBILE COMMUNICATIONS. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to access or otherwise use the Service, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Service and you will be responsible for all charges incurred in connection with use of the Service in connection with all such equipment and ancillary services. Please note that by accessing and using the Service via mobile devices, or by using certain mobile features, you may incur fees from the provider or carrier of the mobile services that you use and you are solely responsible for the payment of such fees. HDA does not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is risk of accident, personal injury, property damage or death. You agree not to use the Service during such activities, and warrant, represent and certify that you will not do so.
18. ASSIGNMENT. You may not assign or transfer your rights under this Agreement without the prior written consent of HDA. HDA may assign all rights and liabilities under this Agreement to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, this Agreement will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
19.1 You agree to access and use the Service in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Service for any illegal or wrongful purposes.
19.2 This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of laws principles.
19.3 If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.
19.4 HDA’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19.5 Section headings in this Agreement are used solely for the convenience of the parties and have no legal or contractual significance.
19.6 This Agreement constitutes the parties’ final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements between the parties.
Last updated: May, 2022