YOUR USE OF THIS APPLICATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
This Application, The Medicines Risk-based Surveillance Tool Ver.2.0, including the platform, all its features and content (the "MedRS") is a service made available by The United States Pharmacopeial Convention ("USP") and the Promoting the Quality of Medicines Plus (PQM+) Program. The Application, its content, information, and services provided on or through the Application (“Content”) may be used solely under the following terms and conditions ("Terms of Use").
Limitations on Use.
1. Application Limited License. As a user of this Application you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Application and Content in accordance with these Terms of Use.
2. Copyright and Use. The Website and its Contents are protected by copyright pursuant to U.S. and international copyright laws. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and Web site are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws
The Application and content are for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Application and Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Website or the Content without USP's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Application, except to the extent permitted below. You may not use or otherwise export or re-export this Application or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Application or its Content is prohibited.
3. Attribution and citation. Information obtained from this Application and content may be reproduced and modified if credit is given to the US Pharmacopeial Convention (USP) and the Promoting the Quality of Medicines plus (PQM+) Program, Rockville, Maryland, United States.
4. Not Legal Advice. Content is not intended to and does not constitute legal advice, nor is anything submitted to this Website treated as confidential. The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed. Your use of Content and Analysis from this Application is at your own risk.
5. Registration. Certain sections of this Application require you to register. If registration is requested, you agree to provide USP with accurate and complete registration information. It is your responsibility to inform USP of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
6. Errors and Corrections. USP does not represent or warrant that this Application or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. USP does not warrant or represent that the Content available on or through this Application will be correct, accurate, timely, or otherwise reliable. USP may make improvements and/or changes to its features, functionality or Content at any time.
7. DISCLAIMER. THE MEDICINES RISK-BASED SURVEILLANCE TOOL (MedRS), AND THE CONTENT THEREOF IS PROVIDED "AS IS" AND WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, USP SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY OF A COMPUTER PROGRAM, AND THE IMPLIED WARRANTY OF ACCURACY. THERE IS NO WARRANTY THAT THE INFORMATION CONTAINED WITHIN IT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. USP MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE MEDICINES RISK-BASED SURVEILLANCE TOOL (MEDRS) ACCURACY, COMPLETENESS, OR CURRENCY; AND USP SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. USP SHALL NOT BE LIABLE ON ACCOUNT OF ANY SUCH ERRORS, OMISSIONS, DELAYS, OR LOSSES. YOU AGREE THAT IN NO EVENT WILL USP BE LIABLE FOR THE RESULTS OF YOUR USE OF THE MEDICINES RISK-BASED SURVEILLANCE TOOL (MEDRS), FOR YOUR INABILITY OR FAILURE TO CONDUCT YOUR BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
8. LIMITATION OF LIABILITY. USP SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE MEDICINES RISK-BASED SURVEILLANCE TOOL (MEDRS), OR THE CONTENT HEREOF. USP SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MEDICINES RISK-BASED SURVEILLANCE TOOL (MedRS).
9. Indemnification. You agree to indemnify, defend and hold harmless USP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Application from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you.
10. Unlawful Activity. USP reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action deemed appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
11. Remedies for Violations. USP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to this Web site and any other USP Applications and their features.
12. Governing Law and Jurisdiction. These Terms of Use are governed by and construed in accordance with the laws of the State of Maryland and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Maryland and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
13. Privacy. Your use of this Application is subject to USP's Privacy Policy. http://www.usp.org/legal-notices/privacy-policy.
14. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on this Application and USP's Privacy Policy and constitute the entire agreement with respect to access to and use of this Application and the Content. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
15. Modifications to Terms of Use. USP reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Application and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of this Application after any such changes constitutes your consent to such changes.