Terms of Use


The Services (as defined below) are provided to you in consideration for your agreement with, and subject to, the following Terms of Use, which may be updated from time to time without notice to you, along with any additional terms or conditions that are referenced herein or that otherwise may apply to specific portions of the Services or the Informulary website(s). Your use of the Services after the Terms of Use have been updated shall be deemed to constitute acceptance by you of any modifications, additions or deletions to the Terms of Use caused by such update. You must ensure that anyone accessing the Services via your account complies with the Terms of Use. You will always be able to view the most current version of these Terms of Use by clicking on a link at the bottom of any page within the DrugFactsBox™ website located at https://www.drugfactsbox.co. By using the Services, you agree to these Terms of Use, whether or not you have registered with Informulary. If you do not agree to all of these Terms of Use, do not use the Services.

Scope of these Terms of Use

References to "Informulary", “DrugFactsBox”, "we", "us" or "our" in these Terms of Use mean Informulary, Inc.

Informulary is dedicated to providing information about the benefits, side effects, and uncertainties of prescription drugs, including but not limited to tools like the DrugFactsBox (the "Services"). The specific features of the Services that are available may change from time to time and Informulary may choose to discontinue some or all of the Services at its Sole discretion. Any Content accessed through Informulary is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. While we hope you find the Services helpful, the information provided on this site is not intended to replace personal consultation with a qualified health care professional. You must always seek the advice of a professional for questions related to you disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified health care professional immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site. IF YOU HAVE AN EMERGENCY, CALL 9-1-1.

Informulary does not give medical advice, nor do we provide medical or diagnostic services. Informulary 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. Informulary does not assume any liability or responsibility for damages or injury to you, other persons, or property arising from any use of any information, idea, or instruction contained in the DrugFactsBox Website.

Proprietary Rights

Informulary owns all rights to its logos and trademarks used in connection with the Services. All other logos and trademarks used in connection with the Services are the property of their respective owners. Dartmouth-Hitchcock is a registered trademark of Dartmouth-Hitchcock Hospital. Consumer Reports is a registered trademark of Consumers Union.

You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, distribute (via the Internet or other public computer based information system), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Services, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or "scraping" for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services.

The Services are being provided to you on a non-exclusive, non-transferable basis solely for your internal use in the U.S. You may view information provided through the Services online only. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

Linking to Us

Usually, we don't mind if you include a simple link from your website to our website(s). However, you must first ask our permission if you intend to frame our website(s) or incorporate all or a portion of our website(s) into a different site or product in such a way that is not clear to the users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts on our reputation.

Member Accounts

If you create a subscriber account for the DrugFactsBox Website, you agree to complete the registration process by providing current, complete, and accurate information as required by Informulary. You are responsible for all activities that occur under your account. You agree to notify Informulary immediately of any unauthorized use of your account or any other breach of security. Informulary will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by Informulary or another party due to someone else using your account. You may not use anyone else's account at any time.

No Unlawful Use

You agree not to use the DrugFactsBox Website for any purpose that is unlawful or prohibited by these terms, or the terms of a subscriber agreement you have with Informulary, if applicable. You may not use the DrugFactsBox Website in any manner that could damage, disable, overburden, or impair any Informulary server, or the network(s) connected to any Informulary server, or interfere with any other party's use and enjoyment of the DrugFactsBox Website. You may not attempt to gain unauthorized access to any portion of the DrugFactsBox Website, other accounts, computer systems, or networks connected to any Informulary server, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the DrugFactsBox Website.

Member Conduct

When using Services you agree not to:

  1. Violate local, state, national, or international laws;
  2. Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Post, upload, email, transmit or otherwise distribute any Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion;
  4. Harm minors in any way;
  5. Post advertisements or solicitations of business;
  6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Service;
  7. Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
  8. Impersonate another person or business entity or stalk or otherwise harass another person;
  9. Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
  10. Harvest or otherwise collect information about others, including email addresses;
  11. Allow any other person or entity to use your identification for posting or viewing comments;
  12. Interfere with or disrupt a Service or computers, networks or other hardware connected to a Service, or disregard any requirements or policies of networks connected to a Service;
  13. Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Service, or which, in our sole judgment, exposes us or our licensors, customers or suppliers to any liability or detriment of any type;
  14. Fail to respect other members' privacy. This includes revealing another member's password, phone number, address, or any other personally identifiable information;
  15. Create member names, or post, solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way

 

Information that You Provide to the Services

When you submit information to areas of the Services that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display that information in connection with the Services. We will consider requests to remove information that you make publicly available through the Services on an individual basis (contact us at the email address we provide at the end of this document). See our Privacy Policy section below for an explanation of how we use information that you provide to the Services and your rights to change or delete it. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any Content that we deem offensive or fraudulent at any time without your consent, as further described below. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties' use or misuse of information transmitted or received using the Services.

Privacy Policy

When you use our applications, in addition to information described in our Privacy Policy, such as your profile and contact information, we automatically collect certain information from your device including your precise geolocation, information about your device such as the device type, device ID, operating system, wireless service provider and information about the operation of our application and your usage of our application, including features you used, pages you viewed, and when and for how long you used the application. By using DrugFactsBox applications, you agree that Informulary may collect this information and use, transmit, process, and store that information as described in Informulary’s Privacy Policy including to provide and improve our Services.

Informulary does not make any representations or warranty about whether the Services are adequate to meet your privacy and security compliance obligations under HIPAA or any other standards, laws, rules or regulations. You are responsible for assessing your privacy and security needs and determining whether your use of our Services is appropriate to comply with your obligations.

You can review our Privacy Policy at drugfactsbox.co/privacy-policy.

Applicable laws

Informulary makes no representation that the Services are appropriate or available for use in any particular jurisdiction, and access to them from jurisdictions where their Services is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Services or any Content in violation of United States export laws or regulations.

Consequences

We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold us and our licensors and affiliates harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of the Services, you agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be Massachusetts.

Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and neither we nor our licensors shall be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

Survival

The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this Agreement and Consequences.

No Warranties

NEITHER INFORMULARY, NOR ANY DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF INFORMULARY (COLLECTIVELY, THE "INFORMULARY ENTITIES") MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE INFORMULARY SERVICES, WHICH ARE PROVIDED "AS IS", OR WITH RESPECT TO THESE TERMS OF USE. THE INFORMULARY ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE DRUGFACTSBOX WEBSITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

In addition, please note that the DrugFactsBox Website may include technical inaccuracies or typographical errors. DrugFactsBox has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the DrugFactsBox Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the DrugFactsBox Services on any particular device or communications service. DrugFactsBox has no obligation to provide you with notice of any such changes, and DrugFactsBox is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the DrugFactsBox Website, except as provided by your subscriber agreement with DrugFactsBox, if applicable.

Liability

Your use of the Services is at your own risk. The Services and information included therein are provided on an "as is" basis. WE AND OUR LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AS AN END USER OF THE SERVICES. NEITHER INFORMULARY NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Services or information contained therein.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.

In no event will we, our licensors, our suppliers, or any third parties mentioned on our website(s) be liable for any damages (including, without limitation, incidental, consequential and special damages, personal injury/wrongful death, lost profits for sequence, accuracy or completeness of information included in the Services, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, inability to use or interpretation of the information contained in the Services or information contained therein, whether based on warranty, contract, tort, or any other legal theory, and whether or not we, our licensors, our suppliers, or any third parties mentioned within the Services are advised of the possibility of such damages. We, our licensors, our suppliers, or any third parties mentioned within the Services shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $50. We, our licensors, our suppliers, or any third parties mentioned within the Services are not liable for any personal injury, including death, caused by your use or misuse of the Services or any information contained therein. Any claims arising in connection with your use of the Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Informulary at info@informulary.com and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the website, these Terms of Use constitutes the entire agreement between you and Informulary with respect to your use (and prior use) of the Services. If any provision of these Terms of Use is deemed to be unenforceable as written by a court of competent jurisdiction, the parties intend that such provision shall be modified to the extent necessary to make the provision enforceable. If the provision cannot be modified in this manner to make it enforceable, the parties intend that the provision shall be removed and the remaining provisions shall remain in full force and effect.

Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to info@informulary.com.

Date of Last Revision: September 21, 2015

Informulary, INC. - BETA TESTING SUPPLEMENT

Last Updated: September 21, 2015

This is an agreement between Informulary, Inc. (“Informulary”) and you.

Terms of Use ("Terms"). All capitalized terms in this supplement have the same meaning as in the Terms unless otherwise specified. By using the Services, you accept these terms. If you do not accept them, do not use the Services.

 

Disclaimer

THE DRUGFACTSBOX BETA SOFTWARE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING LICENSE IS TO OBTAIN FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE DRUGFACTSBOX BETA SOFTWARE AND/OR ACCOMPANYING MATERIALS.

 

Term

The term of this agreement is valid until the date that the Services are made generally available.

 

Pre-release

The Services are being offered to you in a pre-release version. The Services may not work the way a final version of the Services will work. Informulary is continually innovating to provide the best possible experience for its users. You understand and agree that Informulary may change the Services and may discontinue offering them or various features of the Services, temporarily or permanently, at any time, for any reason, without prior notice.

 

Feedback

If you give feedback about the Services to Informulary, you give to Informulary, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. Informulary shall own any and all intellectual property rights to any product or service that embodies the feedback. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of an Informulary software or service that includes the feedback. You will not give feedback that is subject to a license that requires Informulary to license its services, software, or documentation to third parties because we include your feedback in them. These rights survive this agreement.

 

Scope of license

The Services are made available to you under a license. The license gives you only certain limited rights to use the Services. Informulary reserves all other rights. You may not

 

Entire agreement

This supplement and the Terms constitute the entire agreement for the Services.