Revised May 6, 2013
As of the date hereof, the PDR Network services include PDR BRIEF™, PDR® Search, PDR.net®, mobilePDR®, PDRNetwork.com, PDR Communications, PDR BroadCast, PDR SafetyCast, PDR Workflow+, PDR+, and other existing PDR services or future PDR services added to this list by PDR Network from time to time, but do not include:(A) PDR Network’s adverse drug event reporting service called RxEvent (found among other places at RxEvent.org); and (B) PDR Network’s enterprise drug reference service, PDR Digital Drug Database (PDR®3D™), which are covered by their own respective terms of service.
BY ACCESSING OR USING THE PDR NETWORK SERVICES, YOU AGREE TO BE BOUND BY THE PROVISIONS OF SUCH NOTICES, TERMS, AND CONDITIONS. All or part of the PDR Network services and/or all or part of PDR Network’s content may be accessed by you via third party environment, services, systems, applications, etc., such as within an electronic health record or “EHR” system (collectively, “Third Party Environments”), which Third Party Environments may have their own “terms of service”. Such Third Party Environments“ terms of service” do not apply to your use of the PDR Network services. However, please note that you may opt out of such PDR Network services in such a Third Party Environments by following the process and policies as set forth by the owner of such Third Party Environments and PDR Network and its partner will comply with your request in a timely fashion. The PDR Network services are not substitutes for professional medical advice. Materials available through the PDR Network services are for informational purposes only. PDR Network reserves the right to update or change these Terms of Service at any time, with or without notice, and for any reason by posting the revised version on the Internet and as a link from within any of the digital PDR Network services (such as a link within the PDR BRIEF User Interface); therefore, it is recommended that you periodically visit the appropriate location to access and review the latest applicable version of the Terms of Service. For your information, the date of the last update to these Terms of Service is stated at the top of this document. Your continued access or use of the applicable PDR Network services as of the effective date of any such modification shall be deemed your continuing acceptance of these Terms of Service, as modified.
1. PDR NETWORK’S INTELLECTUAL PROPERTY RIGHTS 1.1 Copyrights: All of the content of PDR Network and/or its affiliates, including without limitation all aspects of the PDR Network services and any text, art, graphics, logos, button icons, images, pictures, audio clips, and software contained therein is the property of PDR Network, our members, partners, or content providers and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of PDR Network.
1.2 Trademarks: All trademarks, trade names, logos, brand names, and service marks of PDR Network, whether registered or unregistered, are the property of PDR Network and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of PDR Network. In no event may any such assets be used in connection with any product or service that is not PDR Network's, in any manner that is likely to cause confusion or in any manner that disparages or discredits PDR Network. All other trademarks, trade names, brand names, company names, and/or logos appearing on this Web site are the property of their respective owners.
1.3 Patents: All patents and patent applications of PDR Network are the property of PDR Network and are protected by U.S. and international patent laws. Any use of these patented or patentable assets is prohibited without the express prior written consent of PDR Network.
1.5 Restrictions on Use: As a condition to your use of the PDR Network services, you agree you will not: (i) use the PDR Network services to infringe the intellectual property rights of others in any way; (ii) use the PDR Network services, or attempt to penetrate, modify, or manipulate the PDR Network services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the PDR Network services; (iii) attempt to access and/or access information that is not otherwise deliberately made available to you through the PDR Network services; (iv) modify, erase, or damage any information contained on the computer of any user connected to the PDR Network services; or (v) reverse engineer any portion of the PDR Network services. The PDR Network services or any portion thereof may not be reproduced, duplicated, copied, downloaded, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by PDR Network. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout and form) of PDR Network and/or its affiliates without the express written consent of PDR Network. You may not use any meta tags or any other "hidden text" utilizing PDR Network's name or Marks without the express written consent of PDR Network. Any unauthorized use terminates the license granted by PDR Network.
1.6 Termination: PDR Network reserves the right to refuse service and terminate accounts, for reasons including, but not limited to, a belief by PDR Network, in its absolute discretion, that user conduct violates applicable law or is harmful to the interests of PDR Network, its members, partners, suppliers, or other users, or for any other reason, at PDR Network's sole discretion, with or without cause.
1.7 Third-Party Licenses: You agree that you will not upload or transmit any communication or content of any type that infringes or violates any rights of any person.
2. MEDICAL DISCLAIMER/ASSUMPTION OF RISK 2.1 PDR Network is Not a Substitute for Medical Advice: THE PDR NETWORK SERVICES ARE NOT DESIGNED TO, AND DO NOT PROVIDE MEDICAL ADVICE. All content, including text, graphics, images, and information available on or through the PDR Network services is for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Medical information changes rapidly. PDR NETWORK does not guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.
2.2 Updating Content &Third Party Content. The PDR Network services includes information provided to PDR Network by other third parties, and PDR Network does not assume and expressly disclaims any responsibility for the accuracy of such third-party content. PDR Network or its partners may, from time to time, update information contained in the PDR Network services, but PDR Network does not warrant or guarantee that any product description(s) or other information contained in the PDR Network services or accessed through the PDR Network services will be updated at any time during the term of this Agreement and PDR Network does not assume, and expressly disclaims, any obligation to obtain and include any information in the PDR Network services.
2.3 FDA-approved Product Information. Many of the PDR Network services provide a formatted copy of pharmaceutical drug product’s FDA-approved or other manufacturer-supplied labeling. Under the Federal Food, Drug and Cosmetic (FD&C) Act, a drug approved for marketing may be labeled, promoted, and advertised by the manufacturer for only 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) pertaining to labeling for prescription products requires that for PDR content, “indications, effects, dosages, routes, methods, and frequency and duration of administration, and any relevant warnings, hazards, contraindications, side effects, and precautions” must be “same in language and emphasis” as the approved labeling for the products. The FDA regards the words same in language and emphasis as requiring VERBATIM use of the approved labeling providing such information. All product information appearing in Physicians’ Desk Reference is made possible through the courtesy of the manufacturers whose products appear in it. The information concerning each product has been prepared, edited, and approved by the regulatory department, medical department, medical director, and/or counsel of its manufacturer. PDR Network does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by the manufacturers. The FDA has also recognized that the FD&C Act does not, however, limit the manner in which a prescriber may prescribe the use of an approved drug. Once a product has been approved for marketing, a physician may choose to prescribe it for uses or in treatment regimens or patient populations that are not included in approved labeling. The FDA also observes that accepted medical practice includes drug use that is not reflected in approved drug labeling. Nevertheless, all of the information provided in and through the PDR Network Services is intended solely for “on-label” use of drug; any “off-label” information about medications on areas of the PDR Network services that are controlled by PDR Network is expressly disclaimed by PDR Network and the applicable manufacturer partner(s) and if such information is posted, it is the sole the responsibility of the entity or person posting such content. PDR Network will endeavor to remove such content as soon as possible after it has been informed of its existence.
2.4 PDR Network Not Liable: PDR NETWORK IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE PDR NETWORK SERVICES OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THE PDR NETWORK SERVICES.
2.5 Confirm Information with Other Sources and Your Doctor: Certain PDR Network services may be accessed by the general public. Information provided through these services is designed to offer general content for informational purposes only. You are encouraged to confer with your professional healthcare provider with regard to information contained on or through the PDR Network’s services. After reading articles or other content from the PDR Network’s services, you are encouraged to review the information carefully with your professional healthcare provider
2.6 Use of PDR Network Services with Your Doctor and Other Healthcare Providers: You agree and acknowledge that it is your responsibility to confirm with your physician or other healthcare providers that the PDR Network’s services you are using are provided by that healthcare practice. PDR Network is not responsible for ensuring the identity of any healthcare provider who is using the PDR Network services or for ensuring that the healthcare provider is your healthcare provider.
2.7 No Endorsements: PDR Network does not recommend or endorse any specific information, tests, products, procedures, opinions, physicians, clinics, or other information that may be mentioned or referenced in the PDR Network’s services. Third parties that provide or support information in connection with the PDR Network’s services have no influence on PDR Network’s editorial content or presentation, and the posting of any materials of any kind is not to be taken as an implied or express endorsement of any such product or service.
2.8 Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THE PDR NETWORK SERVICES IS SOLELY AT YOUR OWN RISK. Your continued use of the PDR Network’s services will be deemed your consent to this disclaimer and a waiver of any claims you may have against PDR Network for reliance on the materials contained therein.
2.9 Potentially Offensive Materials: The PDR Network’s services may contain health or medical-related materials which you may find to be sexually explicit or otherwise offensive. PDR Network, its licensors, and its suppliers accept no responsibility for such materials.
3. COOPERATION WITH LEGAL AUTHORITIES PDR Network cooperates with law enforcement inquiries as a matter of policy. We will use IP addresses and other available information to attempt to identify a user when we are legally compelled to do so or when we feel it is necessary to protect our services, sites, customers, or others.
4. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY & LIQUIDATED DAMAGESThe PDR Network services are to be used only as reference aids. They are not intended to be a substitute for the exercise of professional judgment. You should confirm the information on the PDR services through independent sources and seek other professional guidance in all treatment and diagnosis decisions. PDR Network does not warrant or guarantee any of the products described, prices supplied, or medical device information contained, and does not perform any independent analysis in connection with any of the product descriptions. PDR Network does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources. It should be understood that by making this material available, PDR Network is not advocating the use of any product described in this site, nor is PDR Network responsible for misuse of a product due to typographical error. Additional information on any product may be obtained from the manufacturer.
YOU AGREE THAT YOUR USE OF THE PDR NETWORK SERVICES IS ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF PDR NETWORK THAT MAY BE RENDERED THROUGH THE PDR NETWORK SERVICES ARE PROVIDED "AS AVAILABLE" AND "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTIBILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PDR NETWORK DOES NOT WARRANT THAT ANY PDR NETWORK SERVICE PROVIDED THROUGH THE PDR NETWORK SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NOR DOES PDR NETWORK WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS. PDR NETWORK'S SERVICES MAY INCLUDE INFORMATION, PRODUCTS, MATERIALS, AND OTHER SERVICES, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, AND COOKIES.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE PDR NETWORK SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PDR NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PDR NETWORK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PDR NETWORK SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.PDR NETWORK HEREBY DISCLAIMS ANY LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY BREACH OF ANY ALLEGED WARRANTY OF PDR NETWORK, EVEN IF PDR NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
PDR NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE PDR NETWORK SERVICES OR THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN.
PDR NETWORK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, OR APPLICATION OF MEDICATION OR PREPARATION BY ANY PERSON FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH PDR NETWORK OR BY ANY PHYSICIAN MEMBER OF THE PDR NETWORK OR PHYSICIAN LOCATED THROUGH THE PDR NETWORK.
PDR NETWORK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THE PDR NETWORK SERVICES ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. PDR NETWORK DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY OR APPROPRIATENESS OF ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THE PDR NETWORK SERVICES. YOUR USE OF OR RELIANCE ON ANY SUCH INFORMATION IS SOLEY AT YOUR OWN RISK
PDR NETWORK AND ITS DIRECTORS, AFFILIATES, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU FOR THE USE OF THE PDR NETWORK SERVICES AND FOR ANY CLAIMS RELATING TO ALLEGATIONS OF PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE THE PDR NETWORK SERVICES OR ANY OTHER SERVICE OFFERED THROUGH THE PDR NETWORK SERVICES OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THE PDR NETWORK SERVICES EVEN IF AN AUTHORIZED REPRESENTATIVE OF PDR NETWORK IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME.
AS ANY ALLEGATION OF DAMAGES WOULD BE DIFFICULT IF NOT IMPOSSIBLE TO DETERMINE, YOU AGREE THAT THE TOTAL LIABILITY OF PDR NETWORK FOR ACTUAL DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO PDR NETWORK DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH ALLEGATIONS OF LIABILITY, OR IF NO AMOUNTS HAVE BEEN PAID BY YOU, ONE THOUSAND DOLLARS ($1,000). IN NO EVENT SHALL PDR NETWORK, NOR ANY OF ITS MANAGERS, EMPLOYEES, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND.ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PDR NETWORK SERVICES OR ANY SERVICE, PRODUCT, OR INFORMATION OFFERED OR PURCHASED THROUGH THE PDR NETWORK SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.WHEN USING PDR NETWORK’S SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PDR NETWORK AND ITS SUPPLIERS. ACCORDINGLY, PDR NETWORK ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PDR NETWORK SERVICES.
6. NOTICES OF ALLEGED INFRINGEMENT OF COPYRIGHT PDR Network respects copyright law and expects its users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder's rights. PDR Network will terminate the accounts of users who are repeat infringers of the copyrights, or other intellectual property rights, of others. In addition, PDR Network reserves the right to terminate the account of a user upon any single infringement of the rights of others in conjunction with use of the PDR Network services. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office Web site), PDR Network will respond expeditiously to claims of copyright infringement committed using the PDR Network services that are reported to PDR Network's legal counsel (see contact information below). If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by completing the following notice form and delivering it to PDR Network's legal counsel:
NOTICE OF ALLEGED INFRINGEMENT OF COPYRIGHT
Identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a representative list of the copyrighted works that you claim have been infringed using the PDR Network services:
1. Identification of the material that you claim is infringing. 2. Your street or mailing address, telephone number, and, if available, e-mail address. 3. I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law, i.e., fair use. 4. I hereby state that the above information in this Notice is accurate, and under penalty of perjury, that I am the copyright owner, or authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright. 5. Electronic or physical signature of the copyright owner or of a person authorized to act on behalf of the owner of the copyright or of any exclusive right under the copyright.
Full legal name: _______________________________
All claims of copyright infringement should be delivered to: General Counsel PDR Network, LLC 5 Paragon Drive Montvale, NJ 07645 firstname.lastname@example.org
7. GOVERNING LEGAL PROVISIONS 7.1 Governing Law and Jurisdiction: These Terms of Service will be governed by New Jersey law for all purposes, including all PDR Network services use and product purchases, without regard to or application of choice of law, rules, or principles. You hereby consent to the jurisdiction and venue of the courts of New Jersey. You should be aware that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion for incidental or consequential damages which are contained in this Agreement. By agreeing to be bound by these Terms of Service you may be waiving legal rights which could be available to you in another jurisdiction.
7.2 Third-Party Links: PDR Network does not endorse the content on any third-party services. PDR Network is not responsible for the content or result of any dealings with third parties. Your use of third-party services is at your own risk and subject to the terms and conditions of use for such services. PDR Network does not endorse any non-PDR Network product nor does PDR Network endorse manufacturer or other claims about the efficacy of these products.
7.3 Export Laws: The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any materials or information derived from the Web site to either a foreign national or a foreign destination in violation of such laws.
7.4 Indemnification: You agree to indemnify, defend, and hold harmless PDR Network, its officers, directors, employees, agents, licensors, suppliers, and affiliates from and against any claims, actions or demands, liabilities, and settlements, including but not limited to, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of these Terms of Service or any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing PDR Network using your account.
7.5 International Laws: PDR Network is based in the State of New Jersey in the United States of America. PDR Network makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the PDR Network content and services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
7.7 Waiver: Our failure to exercise or enforce any right or provision of the Terms of Service or other legal notices posted by PDR Network herein shall not constitute a waiver of such right or provision. No waiver of any of these Terms of Service or of any other legal notices posted by PDR Network herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
7.8 Severability: If any provision of the Terms of Service or of any other legal notices posted by PDR Network herein is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service should remain in full force and effect.
7.9 Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service or of any other legal notice posted by PDR Network herein.
7.10 Assignment: PDR Network may assign its rights and duties under this Agreement to any party at any time without notice to you and/or your approval.
7.11 Headings: The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
7.12 Notices: If you have questions or comments regarding this Web site, please contact us at email@example.com, or by post at PDR Network, LLC, 5 Paragon Drive, Montvale, NJ 07465, Attn: Customer Service.
5 Paragon Drive, Montvale, NJ 07645 P: (201) 358-7200
© 2015 PDR, LLC. All Rights Reserved. PDR, PDR Network, and Physicians’ Desk Reference are registered trademarks of PDR, LLC.