Medco Making Medicine Smarter Terms of Use
Medco Health Solutions, Inc., its affiliates and subsidiaries ("Medco") welcomes you. The following website Terms of Use (the "Agreement") governs your use of makingmedicinesmarter.org, provided by Medco (the "Service"). References to "you" refer to any individual or entity. This site is not intended for use by residents outside of the U.S.
PLEASE READ THESE TERMS OF USE CAREFULLY AS WELL AS THE MAKING MEDICINE SMARTER PRIVACY POLICY AND POSTING GUIDELINES WHICH ARE INCORPORATED HEREIN BY REFERENCE BEFORE USING THIS SERVICE.
By using this site or any content on this site including linking to this site, you agree to comply with the:
1. Terms of Use
2. Privacy Policy
3. Posting Guidelines
If you do not agree, please exit and disregard the information contained herein.
Obligations
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Medco. As a condition of your use of the Service, you agree that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.
No Professional Advice
Any information supplied through the Service by any employee or agent of Medco, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance on the use of the Service, and does not constitute medical, legal, or other professional advice. Health-related information provided through the Service is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to Medco does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
Links
This Service contains links to other Services ("Linked Services"). You will see Linked Services represented by the following message: "External link. By clicking on an external link, you will be leaving the Making Medicine Smarter website and linking to another website which may be governed by a separate and different Terms of Use and Privacy Policy.” Medco is not responsible for the availability or reliability of the contents of these Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. Medco is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement, sponsorship or recommendation by Medco. Consequently, please direct any concerns or complaints you may have regarding these external links to their site administrator.
Access and Retention
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
Disclaimer of Warranties; Limitation of Liability
While Medco uses reasonable efforts to include accurate and up-to-date information on the Service, Medco makes no warranties or representations as to its accuracy. Any access to this site is voluntary and at your sole risk. The materials contained on the Service are provided "AS IS" and without any implied or express warranties. Medco does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site is free of viruses or other harmful components. Medco does not warrant or make any representations regarding the use or results of the use of the Service in terms of accuracy or reliability. We cannot and do not guarantee or warrant against errors, omissions, delays, interruptions or losses, including loss of data. Anyone accessing this site assumes the entire cost of all necessary computer or network servicing, repair or correction. Under no circumstances will Medco be liable for any special or consequential damages that result from the use of, or inability to use, the Service.
The sole and exclusive remedy for dissatisfaction with this Service is to stop using the Service.
License and Posting
By submitting content to the site including but not limited to comments, solutions, research, numbers, polls and any texts and links (together referenced as "Comments") you represent that you are authorized to submit all of the information contained in any such Comments. You grant to Medco a royalty-free, perpetual, unlimited license to any Comments that you post on this site and Medco has the right to make, have made, offer for sale, use, sell, copy, distribute, perform, transmit, display, modify, adapt, and otherwise use your submission(s) throughout the world in perpetuity, in any manner that they see fit without compensation to you. Medco reserves the right in its sole discretion to review all Comments you provide any time, including prior to posting on the site and remove and/or edit any Comments at any time without prior notice.
Any information or Comments you transmit or post to this site will be considered non-confidential and non-proprietary.
Finally, you agree to indemnify Medco against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to any Comments you have posted.
Prohibited Uses Generally
By using this Service, you agree not to:
a. upload or transmit any communications or content of any type that infringes or violates any rights of any party;
b. post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity as determined by us in our sole discretion;
c. use this site for any purpose in violation of local, state, national or international laws;
d. delete or revise any material or other information of any other user or Medco;
e. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
f. take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
g. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
h. impersonate another person, use or attempt to use another's account, service or system without authorization or create a false identity on the Service;
i. use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than (i) the search engine and search agents available from Medco on the Service and (ii) generally available third party web browsers
j. allow any other person or entity to use your Passwords for posting comments or sending or receiving materials, if applicable; or
k. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation, actions such as:
a. accessing data not intended for you or logging into a server or account that you are not authorized to access,
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," the Service;
d. forging any TCP/IP packet header or any part of the header information in any e-mail or posting;
Violations of system or network security may result in civil or criminal liability. Medco will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. Medco also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
Indemnification
Medco will notify you of any claim, made by a third party for liability or expense arising from your use of the Service in whole or in part, directly or indirectly. You in turn agree to indemnify, defend and hold harmless Medco and its related parties for any such claim, including reasonable attorney's fees, upon request and notice from Medco.
Forward-Looking Statements
This site may contain "forward-looking statements," as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this site should be evaluated together with the disclosure regarding Medco in our registration statements and periodic reports filed with the Securities and Exchange Commission, including the risks and uncertainties facing our business described therein.
Off Label Use
Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.
Termination/ Modification of this Agreement
Medco reserves the right, in its sole discretion to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
Authorship
To the extent that content is identified on the Service as authored by a third party, Medco is not the author.
Users' Agreement
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to agree to this Terms of Use and to use this site in accordance with the Privacy Policy and Posting Guidelines. If you are under the age of ability to enter into a contract under the laws of your state, please review these Terms of Use with your parent(s) or guardian, and your use of this site and its content indicates their acceptance on your behalf.
Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Service, and the selection, coordination, and arrangement of such content, are owned by Medco or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes other than solely for your own personal use as described below. Nothing stated or implied on the Service confers on you any license or right under any copyright of Medco or any third party. The Service and the information contained in the Service are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Medco. Modifications of the contents of the Service are a violation of Medco's copyright and other proprietary rights. Requests for permission to reproduce any information contained on this Service should be addressed to WebSite Information, Medco, 100 Parsons Pond Drive, Franklin Lakes, NJ 07417; e-mail: MakingMedicineSmarterAdmin@medco.com
You may freely browse this Service and download materials contained on this site for your personal, non-commercial use. However, no material or images from this Service may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without the express written permission of Medco.
Trade and Service Mark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Medco or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Medco or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Medco or any third party.
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Service in a way that constitutes copyright infringement, please provide Medco's Copyright Agent with the following information:
a. identification of the copyrighted work claimed to have been infringed;
b. identification of the allegedly infringing material on the Service that is requested to be removed;
c. your name, address and daytime telephone number, and an e-mail address if available, so that Medco may contact you if necessary;
d. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;>
e. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
f. an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Medco's Copyright Agent for Notice of claims of copyright infringement on the Service can be reached as follows:
Copyright Agent Medco Health Solutions Inc.
100 Parsons Pond Drive
Franklin Lakes, NJ 07417
e-mail: Copyright_Agent@medco.com
Medco will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above. United States law provides significant penalties for submitting such a statement falsely.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You and Medco expressly agree to submit to the exclusive jurisdiction and venue of the courts in New Jersey in all disputes arising out of or relating to the use of this Service.
No Waiver
The failure of Medco to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Medco with respect to your use of this Service subject to the separate terms and conditions of other sites or services to which this Service is linked. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Updated June 29, 2009
