Terms and Conditions of Use
Welcome to The Patient Forum! Through the ThePatientForum.com website (the “Site”), you can submit your health questions to us. We will review them and, if we determine that they are of broad interest to our users, we will submit them to our team of doctors, pharmacists and other medical professionals, who will post answers and related information to the Site. Once a response is posted, we will email you the link to view your answers online.
1. Important Medical Notices.
A. The use of the Site is for informational purposes only. The Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
B. If you think you may have a medical emergency, call your doctor or 911 immediately.
C. We do not recommend or endorse any specific products, tests, physicians, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on the Site, whether by our experts or employees or other visitors to the site, is solely at your own risk.
D. The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may want to discontinue your use of the Site.
2. Submitting Content on the Site.
a. Content Protected by Intellectual Property Rights. Any content available through the Service, including text, graphics, audio, video, photos, pictures, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”) is protected by the intellectual property rights of Drug InfoNet or its licensors.
b. Your Warranties Regarding Your Content. By submitting your questions or other Content on the Site, you warrant and represent the following:
1. you own your Content or have sufficient rights in your Content to grant to Drug InfoNet the rights described in these Terms;
2. your Content is not confidential, sensitive or personally identifiable;
3 your Content does not and will not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party; and
4. your Content is not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
c. Prohibited Content. You must not post to the Service any Content that, as reasonably determined by Drug InfoNet, is or appears to be the following:
1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable;
2. infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
3. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
4. unsolicited, undisclosed or unauthorized advertising;
5. software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
7. in violation of any applicable local, state, national or international law (including export laws).
3. Ownership of Content; License.
a. Ownership of Your Content. You retain ownership of your rights in any Content you post to the Service, subject to the non-exclusive rights that you grant to us as described in these Terms. Despite your ownership of your Content, Drug InfoNet retains sole and exclusive ownership of any template or layout used on the Site to arrange, organize or display your Content. You acknowledge and agree that you have no rights in any such template or layout, and such template or layout may be used by Drug InfoNet and others for any purposes.
b. Your License to Drug InfoNet. So that we may make your Content available to you, and to others who may access the Site, we need to be granted certain rights to your Content. Accordingly, you hereby grant Drug InfoNet an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, advertise in, on and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed.
c. Submission of Feedback Policy. When you submit ideas, suggestions, documents, or comments (collectively, “Feedback”) to Drug InfoNet through our “Contact” web page, you represent, warrant and agree that: (a) your Feedback does not include confidential or proprietary information; (b) if we so choose, Drug InfoNet may use and disclose your Feedback in any way; and (c) Drug InfoNet has no obligation to pay or reimburse you for your Feedback or our use of your Feedback.
4. User Restrictions.
a. Prohibited Conduct on the Site. You must not do, or attempt to do, any of the following, as reasonably determined by Drug InfoNet, subject to applicable law:
1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
3. alter information on or obtained from the Service;
4. tamper with postings, registration information, profiles, submissions or Content belonging to Drug InfoNet or other users of Drug InfoNet;
5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Drug InfoNet;
7. impersonate or misrepresent your affiliation with any person or entity;
8. reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient; or
10. take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
b. Age of Users. Drug InfoNet does not intend for the Site to be used by minors under the age of 13. We do not market the Site for use by minors under the age of 13. We rely on parents or guardians of users under the age of 18 to determine if any Content on the Site is appropriate for view or access by such users.
c. Personal Use Only. The Service is for personal use only. You may not reproduce, copy, sell or otherwise exploit the Service or any part thereof, or access or use the Service for any commercial purposes.
5. Monitoring and Protection of Content.
a. No Duty to Monitor. You acknowledge and agree that we are not obligated to monitor, restrict or filter any Content. WE DO NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. However, we reserve the right to modify or remove any Content at any time. Any Content posted or made available by third parties, including other users and/or the experts providing answers to your questions, are those of the respective author(s) and not of Drug InfoNet. Drug InfoNet neither endorses nor is responsible for the accuracy or reliability of any Content posted on the Site.
b. License by Drug InfoNet to You. You must respect the intellectual property laws protecting our Service. Drug InfoNet grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Drug InfoNet has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
c. Reservation of Rights. On its own behalf and the behalf of its licensors, Drug InfoNet reserves all rights in the Content, including any software, not expressly granted in this Section 5. Drug InfoNet does not in any way grant any other rights to you. Except as expressly stated in this Section 5, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Drug InfoNet or other third-party owner of the rights in that Content (if any).
6. Term and Termination.
a. Term. These Terms shall remain in full force and effect until terminated in accordance with this Section 6.
b. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, or block your access to the Service, for any reason, including if:
1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Drug InfoNet, our users, or any other person; or
2. requested by law enforcement or other government agencies.
c. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
7. Links to Third Party Sites.
Our Site may contain links to third party web sites, including sites of our advertisers. The linked sites are not part of the Site and are not under our control. Consequently, we are not responsible for the accuracy, legality, decency, availability or content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We provide the links to you only as a convenience, and we do not endorse the linked site or its use or contents. You use the links at your own risk. You hereby irrevocably waive any claim against us with respect to such sites.
8. Indemnification and Limitation of Liability.
a. Indemnification. You agree to indemnify and hold Drug InfoNet, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, and any of its doctors, pharmacists and other medical experts (“Indemnified Persons”), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees and expenses), made against Drug InfoNet by any third party due to or arising out of or in connection with your use of the Site.
b. Warranty Disclaimer. DRUG INFONET MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE CONTENT INCLUDED IN THE SERVICE. ALL CONTENT IS PROVIDED “AS IS.” DRUG INFONET MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRUG INFONET EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT THAT YOU MAINTAIN ON OR USE WITH THE SERVICE.
d. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL $1,000. ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM.
9. Notices and Contact Information.
Except as otherwise provided in these Terms, Drug InfoNet will give you any notices, and you hereby authorize Drug InfoNet to send notices (including notice of subpoenas or other legal process, if any), via electronic mail to the email address that we have on record for you. You will be considered to have received a notice when sent by Drug InfoNet via electronic mail, whether or not received by you. Drug InfoNet may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Drug InfoNet to the address that you have most recently provided is effective notice.
b. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Drug InfoNet at all times. In addition, we encourage you to check back regularly to review these Terms.
c. Changes to Service. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, suspension, discontinuance or removal, and any such action by us will not affect Drug InfoNet’ license to your Content as stated in Section 3 above
a. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
b. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
c. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
e. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Drug InfoNet. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Drug InfoNet will be null and void. Drug InfoNet has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
f. Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of New York, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Drug InfoNet submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Onondaga County, New York.
g. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
h. Entire Agreement. These Terms comprise the entire agreement between you and Drug InfoNet with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein.
i. No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
12. Additional or Required Notices.
a. Notice Regarding Trademarks. The trademark Drug InfoNet is the subject of a federal registration owned by Drug InfoNet. This trademark and any other trademarks or service marks used in the Service are owned or used under license by Drug InfoNet and its affiliated organizations. The names of third parties and their products used in the Service may be their trademarks. The use of any such trademark or service mark without the express written consent of Drug InfoNet or its licensors, as applicable, is strictly prohibited. All rights are reserved
b. Notice Regarding Copyrights. Drug InfoNet respects the intellectual property rights of others and requests that users of the Service do the same. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), if you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us at Drug InfoNet, Inc., One Park Place, 300 South State Street, Syracuse, New York 13202, Attn: Holly J. Hoehner, Esq. Please provide the following information:
· the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
· identification of the copyrighted work that you claim has been infringed;
· identification of the material that is claimed to be infringing and information reasonably sufficient to permit Drug InfoNet to locate the material (for example, by providing a URL to the material);
· your name, address, telephone number and email address;
· 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement. Drug InfoNet may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
c. Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/.../index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
d. No Harvesting or Dictionary Attacks Allowed. We will not give, sell, or otherwise transfer addresses maintained by us to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
Thanks for visiting our Site! We hope that your experience here is useful and enjoyable and that you will return often. If there is anything further we can do to help meet your health care information needs, please let us know!
Effective: September 21, 2009