(Last modified May 1, 2015)
1.1 The terms “we,” “us,” and “RxISK” refer to Data Based Medicine Global Ltd., a corporation incorporated under the laws of the United Kingdom, and its affiliated companies.
1.2 These terms and conditions, including the attached Schedule “A” (“Terms and Conditions”), govern your use of RxISK.org, SSRIStories.org, RXWithdrawal.org, econsult.RxISK.org and DavidHealy.org (the “Website(s)”); by using these Websites, you accept these Terms and Conditions in full. Please read them carefully. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use any of the Websites. By continuing to use the Websites, you are indicating your agreement to the Terms and Conditions and all revisions.
1.4 These Terms and Conditions do not grant you the right to use any branding or logos used on the Websites.
1.6 We reserve the right to any time to modify or discontinue, temporarily or permanently, the Website or any portion with or without notice. You agree that RxISK will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any portion of it.
License to use the Websites
2.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the Websites and material on the Websites. Subject to the license below, all these intellectual property rights are reserved and you do not acquire ownership of any intellectual property rights in the content that you access.
2.2 You may view, download for caching purposes only, and print pages or reports from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
2.3 You must not:
(a) republish material from the Websites (including republication on another website);
(b) sell, rent, or sub-license material from the Website;
(c) show any material from the Website in public;
(d) reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose;
(e) edit or otherwise modify any material on the Website; or
(f) redistribute material from these Websites except for content specifically and expressly made available for redistribution (such as a newsletter).
2.4 Where content is specifically made available for redistribution, it may only be redistributed to your personal healthcare providers.
3.1 The Websites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Websites, use of the Websites or access to the Websites.
3.2 You must not use the Websites in any way that causes or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
3.3 You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
3.4 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without our express written consent.
3.5 You must not use the Websites to transmit or send unsolicited commercial communications.
3.6 You must not use the Websites for any purposes related to marketing without our express written consent.
4.1 Access to certain areas of the Websites is restricted. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion.
4.2 If we provide you with a user ID and password to enable you to access restricted areas of the Website or other content or services, you must ensure that that user ID and password is kept confidential. If you learn of any unauthorized use of your password or account, please notify us as soon as possible.
4.3 We may disable your user ID and password in our sole discretion without notice or explanation.
User-generated content (chat rooms, bulletin boards, blogs, forums)
5.1 In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to the Website, for whatever purpose, including your report of an adverse drug reaction.
5.3 Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
5.4 You must not submit any user content to the Websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
5.5 You agree that we have the right, but not the obligation, to edit or remove any material submitted to the Website, or stored on our servers, or hosted or published upon the Website, or to merge text or concept with other contributions in our sole discretion.
5.6 Notwithstanding our rights under these Terms and Conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, the Website.
6.1 Information contained on the Websites is protected by copyright. Title to the Websites and materials and information contained on the Websites belongs to and remains with Data Based Medicine Global Ltd., its affiliates, related companies, and their licensors. Any copying, retransmission, distribution, republication, or further dissemination of information contained on the Website is prohibited without our prior written consent.
6.2 Certain names, words, titles, phrases, logos, designs, graphics, icons, and marks displayed on the Website or in the materials or information contained on the Website may constitute our trademarks or trade names, or those of related companies, their licensors or other third parties. Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise any license or right to use any such marks or names or other intellectual property rights belonging to us or our licensors, or any other third party. Any unauthorized use of our trademarks or trade names, and those of our affiliates, related companies, and their licensors is strictly prohibited.
Not Providing Medical Advice
7.1 You expressly agree that RxISK is not providing medical advice via the Websites. The content provided through the Websites, including all RxISK Reports, RxISK Scores and all other text, reports, photographs, images, illustrations, graphics, audio, video and audio-video clips, and other materials, whether provided by us or by other account holders or third parties is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or (c) information contained on or in any product packaging or label. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. Should you have an emergency, call your physician or 911 immediately. You should never disregard medical advice or delay in seeking medical advice because of any content presented on this Website, and you should not use the Website or any content on the Websites for diagnosing or treating a health problem. The transmission and receipt of our content, in whole or in part, or communication via the internet, e-mail or other means does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between you and RxISK.
8.1 We do not warrant the completeness or accuracy of the information published on the Websites; nor do we commit to ensuring that the Websites remain available or that the material on the Websites is kept up-to-date.
8.2 To the maximum extent permitted by applicable law we exclude all representations, warranties, and conditions relating to the Websites and the use of the Websites (including, without limitation, any warranties implied by law of merchantability, fitness for purpose, title, and/or the use of reasonable care and skill).
Limitations and exclusions of liability
9.1 Nothing in these Terms and Conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.
9.2 The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and Conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms and Conditions or in relation to the subject matter of the Terms and Conditions, including liabilities arising in contract and/or in tort.
9.3 To the extent that the Websites and the information and services on the Websites are provided free-of-charge, we will not be liable for any loss or damage of any nature.
9.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
9.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
9.6 We will not be liable to you in respect of any loss or corruption of any data, database, or software.
9.7 We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
10.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches of these Terms and Conditions
11.1 Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your Internet service provider to request that they block your access to the Websites, and/or bringing court proceedings against you. We may suspend your access to the Websites while we are investigating suspected misconduct.
11.2 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean that we are giving up any rights that we may have, such as taking action in the future.
12.1 We may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of the Websites from the date of the publication of the revised Terms and Conditions on the Websites. Changes will not apply retrospectively. Please check this page regularly to ensure you are familiar with the current version. If you do not agree to the revised Terms and Conditions, you should discontinue your use of the Website.
13.1 We may transfer, sub-contract, or otherwise deal with our rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
13.2 You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms and Conditions.
14.1 If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Exclusion of third-party rights
15.1 These Terms and Conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms and Conditions is not subject to the consent of any third party.
Law and jurisdiction
19.1 The full name of our company is Data Based Medicine Global Ltd.
Our address is:
Data Based Medicine Global Ltd.
Department of Family Medicine
100 Main Street West, 3rd Floor
Hamilton ON L8P 1H6
Attn: Dr. Dee Mangin
You can contact us by email at: Info@RxISK.org