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These terms of use (“Terms of Use”) were last revised on November 23, 2015.

The Services (as defined below) are provided to you by Aptus Health Holdings, Inc. ("Aptus Health") and its affiliates, subsidiaries and divisions (collectively, the “Company”, “we”, “us” and “our”) subject to these Terms of Use. Our services include our websites, newsletters, mobile applications, reference tools, sponsored content, continuing medical education and communications (the “Service(s)”). Our Services are operated by our different affiliated companies, subsidiaries and divisions. Each Service will be identified by its particular operator (e.g., websites will have a footer with the name of the operator, mobile applications will identify the operator in the “About” tab).

Aptus Health Holdings, Inc. is a wholly-owned subsidiary of Merck & Co., Inc. (“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.

By using the Services, you agree to be bound by, and to comply with, these Terms of Use. Company reserves the right to change these Terms of Use from time to time and will post updated terms on this page, including the date they become effective.  You may access this page at any time through the Terms of Use link at the bottom of each page on the Services.

1) Disclaimers.

  1. 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.
  2. 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.

  1. 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):
  2. 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:
    1. a description and copy of the copyrighted work you claim has been infringed;
    2. a description of where the material you claim is infringing is located on the Services;
    3. your address, telephone number, and email address;
    4. 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;
    5. 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
    6. 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.
  3. The above notice for claims of infringement should be addressed to the Law Department at Company at the following street address:

Aptus Health Holdings, Inc.
Law Department
55 Walkers Brook Drive
Reading, MA 01867-3274 USA


3) User Submissions.

  1. On the Services, Company may collect, through registration processes or other means, personal information about you. Please refer to Company’s Internet [privacy policy] for details about how we protect your personal information. You are responsible for the accuracy of any personal information about you that you provide to Company through the Services.
  2. 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.
  3. 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:
    1. You hereby grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, publically perform, and otherwise fully exploit (“Use”) the Participant Submissions in connection with the Services and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Services a non-exclusive license to access your Participant Submissions through the Services, and to Use such Participant Submissions as permitted through the functionality of the Services and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your Participant Submission(s), including the right to grant additional licenses to the material in your Participant Submission(s), unless otherwise agreed in writing.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. You acknowledge and agree that in addition to and without limiting the disclaimer set forth in Section (1)(a) of these Terms of Use, you will not allow the content of the Services, including without limitation any Participant Submission, to substitute for your own medical judgment, which you should exercise in evaluating the information on the Services.
  4. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (A) take any action or (B) upload, download, post, submit or otherwise distribute or facilitate distribution of any content or communications on or through the Services, that:
    1. violates local, state, national, or international laws or regulations;
    2. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
    3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
    4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
    5. 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;
    6. 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;
    7. fails to respect other users’ privacy or that of any third party; or
    8. impersonates any person or entity, including any employee or representative of Company.
  5. 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.
  6. 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.

  1. The Services may contain information brought to you by third parties or through links to other websites.  
  2. 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.

  1. You should assume that all trademarks, logos, designs, slogans, and trade dress appearing on the Services, whether or not appearing in large print, italics, or with the trademark symbol, are owned by Company or its affiliate companies, or are used under license. The Services may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Company and/or other parties.  No license to, or right in, any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Company and/or other parties is granted to, or conferred upon, you. You agree that the foregoing intellectual property is valuable Company property and that, in the event of the unauthorized use of such intellectual property, Company will suffer irreparable injury for which Company may not have an adequate remedy at law. Accordingly, in any action or proceeding to enforce the provisions of these Terms of Use, Company will be entitled to injunctive relief to prevent or curtail any such threatened or actual unauthorized use. The foregoing will be in addition to and without prejudice to any other rights Company may have at law or in equity.
  2. You may not, distribute, modify, transmit, reuse, repost, or use the content of the Services for public or commercial purposes, including the text, images, audio, or video, without the written permission of Company. You should assume that everything you see or read on the Services is copyrighted unless otherwise noted and may not be used, except as provided in these Terms of Use or in the text on the Services, without the written permission of Company. Company neither warrants nor represents that your use of materials displayed on the Services will not infringe rights of third parties not owned by, or affiliated with, Company.

6) Indemnification.

You agree to indemnify, defend, and hold Company, its affiliates, subsidiaries, divisions, and all of its and their respective officers, employees, and suppliers harmless from any claim or demand, including reasonable attorneys ’ fees, made by any third party due to, related to, or allegedly arising out of, your use of the Services or any breach of these Terms of Use or violation of any rights of another.


7) Choice of Law; Dispute Resolution - Binding Arbitration.

If any dispute arises between you and Company concerning these Terms of Use or your use of the Services, it shall be resolved through good-faith negotiations.  If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the U.S. Federal Arbitration Act, 9 U.S.C. § 1 et seq. The rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be venued in Reading, Massachusetts.  THE GOVERNING LAW SHALL BE THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS RULES. The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction. The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys’ fees incurred in connection with the arbitration or the confirmation or enforcement of any award. Notwithstanding the foregoing, if the costs of arbitration will be prohibitive as compared to the costs of litigation and the relief sought, Company will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Company for all fees associated with the arbitration paid by Company on your behalf that you otherwise would be obligated to pay.


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.


9) Miscellaneous.

These Terms of Use constitute the entire agreement between you and Company regarding the Services and supersede and replace any prior understanding, whether oral or in writing. Company’s failure to enforce any provision of these Terms of Use shall not be construed as a waiver of Company’s right to enforce any of these Terms of Use in the future. You agree that no joint venture, partnership, employment or agency relationship exists based on your use of the Services. If any portion of these Terms of Use are held invalid or unenforceable, such portion shall be construed in a manner consistent with applicable law to reflect the original intent of the parties, and the remaining portion of these Terms of Use shall remain in full force and effect.


10) Contact.

If you have any questions regarding these Terms of Use or the Services, please contact Company at:

Aptus Health Holdings, Inc.
Attn: Customer Service
55 Walkers Brook Drive
Reading, MA 01867-3274
Phone: 800.794.6757

 
 
 
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