- Eligibility. You must be at least eighteen (18) years of age to use the Service. By agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age, (ii) that you have not previously been suspended or removed from the Service, and (iii) that your registration and your use of the Service are in compliance with any and all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.
- Platform Service. Drugsdetails may offer a platform through the Service to help users locate information on a variety of topics and help users seek professionals, such as third party experts, advocates, and advisors (collectively, “Advisors”), who can later provide them with advisory or other services (the “Ask an Advisor Platform). We may also create and maintain a directory of such Advisors to help users to locate and identify an Advisor (or other services). Drugsdetails may also provide discussion forums, bulletin boards, review services or other forums (the “Interactive Areas”) in which you and other third parties may post questions. If Drugsdetails provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas in compliance with the Terms hereunder and you shall use them at your own risk.
- Legal Disclaimer. This site provides access to general advice only. The third party advice provided on this platform does not replace professional medical, legal, financial, real estate, or any other type of advice. Do not rely on any information or advice on this site in place of seeking professional advice specific to your situation. LICENSED ADVISORS ON THIS SITE PROVIDE INFORMATION IN THEIR OWN INDEPENDENT CAPACITY AND USERS ARE RESPONSIBLE TO VET THE CREDENTIALS OF THE ADVISOR. USERS SHOULD USE ANY ADVICE AT THEIR OWN DISCRETION.
- “Posting an inquiry”. The platform may allow you to submit a question and users plus Advisors will provide advice in their own independent capacity. Once we receive your question, one or more users may choose to respond to your question.
- Users. Drugsdetails may allow you to request a consultation with or otherwise contact specific Advisors of your choice. When you request a consultation with or contact specific Advisors of your choice, the requested Advisor may then contact you directly with regard to your request. Drugsdetails has no control over the means by which the Advisor may contact you.
- Advisors. Your contact with, or use of an Advisor contacted through the Service, may create a special relationship between you and your selected Advisor, but does not create any legal relationship between Drugsdetails and you except under these Terms. Advisors provide information that Drugsdetails does not verify, validate or confirm. Drugsdetails does not endorse any particular Advisor and cannot guarantee the quality or reliability of any services provided by any Advisor. Drugsdetails cannot perform a check for conflicts of interest between you and an Advisor.
- Your Information. Your decision to make available any sensitive or confidential information to any Interactive Area or Advisor is your sole responsibility and at your sole risk. Drugsdetails has no control and makes no representations as to the use or disclosure of such information provided to third parties, including Advisors.
Access to the Service, or to certain features of the Service, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. If Drugsdetails changes the fees for the Service, including by adding additional fees or charges, Drugsdetails will provide you advance notice of such changes. If you do not accept such changes, Drugsdetails has the right to discontinue providing the Service to you. Drugsdetails will charge the payment method you specify at the time of purchase. You authorize Drugsdetails to charge all sums described herein to such payment method. If you pay any applicable fees with a credit card, Drugsdetails may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. Drugsdetails may also be paid by an Advisor.
- Jurisdiction. These Terms shall be governed by the laws of [New Jersey] without regard to conflict of law principles. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado, or any location closer to or within Kansas, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
- Limitation of Liability. IN NO EVENT WILL THE DRUGSDETAILS ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE DRUGSDETAILS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF THE DRUGSDETAILS ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO DRUGSDETAILS FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR (ii) $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Disclaimers; No Warranties. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DRUGSDETAILS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE.
THE SERVICE MAY INCLUDE INACCURACIES OR ERRORS. WITHOUT LIMITING THE FOREGOING, THE DRUGSDETAILS ENTITIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES IN THE INFORMATION, CONTENT, RECOMMENDATIONS AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE OR DISPLAYS ANY THIRD PARTY PRODUCT OR SERVICE IS NOT AN ENDORSEMENT OR A RECOMMENDATION OF THE THIRD PARTY PRODUCT OR SERVICE. THE DRUGSDETAILS ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF YOUR INTERACTION WITH ANY THIRD PARTY OR THE CONDUCT, PRODUCTS OR SERVICES OF ANY THIRD PARTY. WITHOUT LIMITING THE FOREGOING, WE DO NOT RECOMMEND OR ENDORSE ANY FINANCIAL ADVICE, SPECIFIC HEALTH ADVOCATES, INSURANCE COMPANIES, HEALTH CARE PLANS, SPECIFIC TESTS, PHYSICIANS, CLINICS, PROCEDURES, OPINIONS, PRODUCTS OR OTHER INFORMATION THAT MAY APPEAR THROUGH THE SERVICE.
THE DRUGSDETAILS ENTITIES DO NOT MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICE.
THE INFORMATION PROVIDED THROUGH THE SERVICE IS PROVIDED “AS IS” AND SOLELY FOR INFORMATIONAL PURPOSES, NOT FOR INVESTMENT PURPOSES OR ADVICE. THE DRUGSDETAILS ENTITIES ARE NOT ENDORSED BY OR AFFILIATED WITH ANY FINANCIAL OR REGULATORY AUTHORITY. THE HELPFULNESS OF AN ADVISOR’S ANSWER OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE IS NOT INDICATIVE OF FUTURE ADVISOR PERFORMANCE OR SERVICE PERFORMANCE.
- Indemnity. The Drugsdetails site is not intended to provide professional medical, financial or other advice and is for informational purposes only. Information on the site should never be used as a substitute for professional advice. You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless Drugsdetails and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Drugsdetails Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
- Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes.
- Feedback. Your feedback is important to us and we welcome them to [email@example.com].
- Termination. If you violate these Terms, your permission to use the Service will automatically terminate. Additionally, Drugsdetails, in its sole discretion may terminate your access to the Service at any time, with or without notice. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You will remain obligated to pay all outstanding fees, if any, relating to your use of the Service incurred prior to termination.
- Third Party Services. Drugsdetails may provide tools through the Service that enable you to export information, including User Content, to third party services. By using these tools, you agree that we may transfer such information to the applicable third party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites and services (the “Linked Sites”). Drugsdetails provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Drugsdetails reviewed or approved the content, advertising, products, services or other materials that appear on the Linked Sites. Drugsdetails is not responsible for the Linked Sites, including the legality, accuracy or appropriateness of any content, advertising, products, services or other materials on or available from any Linked Sites. You acknowledge and agree that Drugsdetails shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the Linked Sites, including the advertising, products, services or other materials available on or through the Linked Sites.
- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
- use the Service for any illegal purpose, or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;
post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
- interfere with security-related features of the Service, including by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, or (iii) attempting to collect, personal information about users or third parties without their consent;
- perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;
- or sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below).
- Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish. We do not endorse, represent, or guarantee the completeness, accuracy, reliability or usefulness of any User Content. We expressly disclaim any and all liability in connection with User Content. However, Drugsdetails may at any time and without prior notice, remove any User Content that in our sole judgment violates these Terms. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Drugsdetails with respect to User Content.
- Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Drugsdetails and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you and in the manner contemplated by Drugsdetails and these Terms;
- Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
- Limited License Grant to Other Users. By posting and sharing User Content with another user of the Service, you hereby grant that user a non-exclusive license to access and use such User Content as permitted by these Terms and the functionality of the Service.
- Limited License Grant to Drugsdetails. By posting User Content, you grant Drugsdetails a worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify, and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed). Any such use of your User Content by Drugsdetails may be without any compensation paid to you.
- General. You are prohibited from using negatively impacting language, profanity, racism, or any communication that would harm another user on our platform. Certain features of the Service may permit users to post content, including text messages, online messages, reviews, photos, video, images, folders, data, text, and other types of works (collectively called, “User Content”) and to publish User Content on the Service. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service.
- Non-Compete: You may not use the Site to solicit subscribers to join other online information services that are competitive with the Site.
- Contact Information. If you have any questions regarding Drugsdetails, the Service, or the Terms please contact us at [firstname.lastname@example.org].