- Changed "Aptus Health Holdings, Inc." to "."
. is a wholly-owned subsidiary of Merck & Co., Inc., Kenilworth, NJ, USA (“Merck”), with its own independent editorial process, business and financial operations, and governance, including independent officers, board of directors, and audit and compliance committees. Aptus Health maintains full confidentiality and information segregation from Merck, especially where Aptus Health business provides services to other pharmaceutical companies.
- THE SERVICES ARE INTENDED FOR USE ONLY BY ADULTS WHO ARE LICENSED HEALTHCARE PROFESSIONALS SUCH AS PHYSICIANS, PHYSICIAN ASSISTANTS, OR NURSE PRACTITIONERS. Nothing on the Services should be construed as giving advice or making a recommendation or referral regarding any decision or action related to your health the health of others, or your medical judgment. You should not allow the content of the Services to substitute for your own medical judgment, which you should exercise in evaluating the information on the Services, nor for the advice of any liaison, specialist or consulting healthcare professional with whom you work. Any clinical tools or databases provided for use by healthcare professionals through the Services do not and are not intended to make referrals, give professional advice or recommend particular products or services. Physicians and other healthcare professionals who use such tools or databases should exercise their own clinical judgment as to the information they provide or on which they rely. While Company has used reasonable efforts to ensure that the information on the Services is accurate, complete, and current, Company expressly disclaims any warranty or representation regarding the accuracy, completeness, or currency of such information. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT A WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Company furthermore disclaims all liability for any and all damages, no matter their alleged cause or theory of liability on which they are based, including, but not limited to, damages for personal injury or lost profits. The foregoing disclaimers and limitations apply if and only to the extent permitted by applicable law.
- UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OR RELATED TO (I) THE SERVICES OR ANY INFORMATION PROVIDED ON THE SERVICES; (II) YOUR USE OF THE SERVICES, ANY SERVICE OR ANY INFORMATION PROVIDED ON THE SERVICES (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, OR SHARE VALUE; INTERRUPTION IN USE OR AVAILABILITY OF THE SERVICES; STOPPAGE OF OTHER WORK OR IMPAIRMENT OF OTHER ASSETS); OR (III) BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY THAT COMPANY MAY INCUR IN ANY ACTION OR PROCEEDING EXCEED THE TOTAL AMOUNT THAT COMPANY ACTUALLY RECEIVED FROM YOU FOR THE RIGHT TO ACCESS THE PORTION OF THE SERVICES OR THE INFORMATION THAT DIRECTLY CAUSED THE DAMAGE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMERS AND LIMITATIONS.
2) Notice and Take Down Policy.
- If you believe your work or the work of another has been reproduced or displayed in a way that constitutes copyright infringement, Company has a process in place to respond to your concerns. Company will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows (or, if another law is applicable, notice in accordance with such applicable law):
- If you believe your copyright or the copyright of another has been infringed on the Services, please provide Company with a written notice containing the following information:
- a description and copy of the copyrighted work you claim has been infringed;
- a description of where the material you claim is infringing is located on the Services;
- your 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;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- the physical signature of the person authorized to act on behalf of the owner of the copyright interest on the document(s) comprising (iv) and (v) above and notarized.
- The above notice for claims of infringement should be addressed to the Law Department at Company at the following street address:
3) User Submissions.
- As a condition to using the Services, you may be required to register with Company using your email address or other user ID and password chosen by you (collectively, your “Company Participant ID”). You shall provide Company with accurate, complete, and updated registration information. Company reserves the right to refuse registration of, or cancel a Company Participant ID in its sole discretion. You are solely responsible for all activity that occurs under your Company Participant ID and shall be responsible for maintaining the confidentiality of your password. You shall never use another user’s account or allow any third party to use yours. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You grant us and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your Company Participant ID and related registration information in connection with the operation of the Services.
- The Services may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the Services (the “Participant Submissions”). Such Participant Submissions may include, without limitation, any submissions as part of any “Ask the Expert” or “Curbside Consult” features, if applicable. Such Participant Submissions are non-confidential and are the property of the originating Participant. By posting Participant Submissions through the Services:
- You represent and warrant to Company that you own or otherwise control all rights to post such Participant Submissions and that disclosure and Use of such Participant Submissions by Company (including without limitation, publishing content on or through the Services) will not infringe or violate the rights of any third party, including without limitation any privacy, intellectual property, publicity, contract or other rights of any person or entity.
- You acknowledge and agree that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated; and that Company cannot guarantee the identity of or the authenticity of any data posted by any other users with whom you may interact in the course of using the Services.
- Your Participant Submissions will not contain any personally identifiable information with respect to any patient or other third party. In particular, you must remove any information that would associate your submission with a specific patient or individual. You will not disclose to Company a key to re-identify any patient data, in accordance with the requirements under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or equivalent international codes.
- You acknowledge and agree that Company does not endorse any Participant Submissions. Company has the right, but not the obligation, to monitor the Services or Participant Submissions. Company may remove any Participant Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Participant Submission), or for no reason at all. Company will consider requests to remove Participant Submissions on a case-by-case basis.
- You acknowledge and agree that under no circumstances will Company be liable in any way for any Participant Submissions, including, but not limited to, any errors or omissions in any Participant Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Participant Submissions posted, emailed, accessed, transmitted or otherwise made available via the Services.
- violates local, state, national, or international laws or regulations;
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Company’s prior written consent such as for example, and not as a limitation, contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party;
- fails to respect other users’ privacy or that of any third party; or
- impersonates any person or entity, including any employee or representative of Company.
- Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Services; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services.
- You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
4) Third-Party Links and Information.
- The Services may contain information brought to you by third parties or through links to other websites.
- Company does not control nor assume any responsibility for the information provided by third parties or the content of other websites to which we provide links.
5) Use of Content.
7) Choice of Law; Dispute Resolution - Binding Arbitration.
8) Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.