Please Review and Accept the Following Terms of Use:

Effective Date:  November 1, 2014

These Terms of Use govern your use of the Healthcare Ready web sites, www.healthcareready.org and http://infocenter.rxresponse.org/ (the "Sites"). Please read this entire agreement carefully before using the Sites, and please review this agreement regularly for any changes.We may change these Terms of Use or modify any features of the Sites at any time.  By indicating that you accept the Terms of Use, or by otherwise accessing or using the Sites, you agree to be legally bound by this agreement.  And you accept any changes to the Terms of Use by continuing to use the Sites after we post any changes and update the “Effective Date” provided above.  If you are or will be using the Sites on behalf of another person or entity, the term "you" and "your" as used in this agreement includes you and any other person or entity on behalf of whom you may use the Sites.

We may restrict, suspend, or revoke your registration or ability to access or use the Sites, with or without prior notice, if you violate any of the terms of this agreement, or if we reasonably believe that you fail to comply with applicable laws in connection with your use of or access to the Sites.

These Terms of Use and our Privacy Statement refer to some words that have special meanings. "Healthcare Ready" is the name we use to refer to the 501(c)(3) public/private partnership described below and the activities of that partnership, including all of those conducted on the Sites.

What is Healthcare Ready?

Healthcare Ready is a public/private partnership designed to help support the continued provision of critical medicines to patients whose health is threatened in a severe public health emergency. Healthcare Ready was created to share information and, as appropriate, to address risks to the pharmaceutical supply chain during a severe public health emergency. Healthcare Ready is a means to support individual sectors/parties providing first-line emergency response relating to medicines only.

Healthcare Ready does not provide a mechanism or forum for ordering or delivering prescription drugs, for seeking or providing medical advice, or for coordinating or providing pharmaceutical distribution or dispensing. Healthcare Ready also does not make decisions for individual companies or sectors of the pharmaceutical supply chain. Healthcare Ready is not a public call-in center.

Our Copyrights

All copyrights in the text, images, photographs, graphics, user interface, and other content provided on the Sites, including the selection, coordination, and arrangement of such content (collectively, "Content"), are owned by Healthcare Ready, Pharmaceutical Research and Manufacturers of America (“PhRMA”) and their third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws, unless otherwise noted. Except as provided elsewhere in these Terms of Use, on the Sites, or in a notice from PhRMA, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without prior written consent from Healthcare Ready. Requests for permission to reproduce any Content must be made in writing to: Pharmaceutical Research and Manufacturers of America, 950 F Street, NW, Suite 300, Washington, D.C. 20004.

Our Trademark Rights

Healthcare Ready is a trademark of PhRMA, and is protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Marks and trade names not owned by PhRMA and mentioned on the Sites are the property of their respective owners. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Sites confers on you any license or right under any patent or trademark of PhRMA or any third party.

Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our Sites without authorization in a way that constitutes copyright infringement, please contact us with the following information:

(a) identification of the copyrighted work claimed to have been infringed;

(b) identification of the allegedly infringing material on the Sites that is requested to be removed;

(c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;

(d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

(e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; and

(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

Our designated agent is:  Emily Lord, Executive Director. 950 F Street NW Suite 300 Washington, D.C. 20004. 202.572.7790. elord@healthcareready.org

 

We will remove any content that allegedly infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)), and will terminate the privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Prohibited Uses Generally

Without limiting the foregoing, you agree not to:

(a) delete or revise any material or other information of any other user;

(b) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(c) take any action that imposes an unreasonable or disproportionately large load on the Sites’ infrastructure;

(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites;

(e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Sites other than the search agents available on the Sites and other than generally available third-party web browsers (e.g., Apple Safari and Microsoft Internet Explorer);

(f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Sites;

(g) solicit users of the Sites to join other sites or online services or organizations;

(h) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges; or

(i) engage in any other conduct that restricts or inhibits any person from using or enjoying the Sites, or that, in our sole judgment, exposes us or any of our users or any other third party to any liability, damages, or detriment of any type.

You further agree not to violate or attempt to violate the security of the Sites, including, without limitation:

(a) accessing data, servers, systems, networks, or accounts not intended for you or without authorization;

(b) attempting to probe, scan or test the vulnerability of a server, system, network, or account or to breach security or authentication measures; or

(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this agreement, we will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Not Medical Advice

The Sites do not purport to provide medical advice. Healthcare Ready does not practice medicine or provide medical services or advice. Health information changes quickly. Therefore, users should confirm information with a health care professional.

U.S. Audience

The Sites are controlled, operated and intended for use only in the United States of America. Healthcare Ready does not represent that materials, therapies, or medicines discussed on the Sites are appropriate or made available for use outside of the United States of America.

Registration and Restricted Features

To receive updates from Healthcare Ready, you must become a registered user. When registering, you must provide your name and email address.  Access to some features or portions of the Sites may be restricted. You agree to provide accurate, current and complete information about yourself as requested or directed on the Sites and to promptly update this information to maintain its accuracy.  You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Sites, and you are fully responsible for all activities that occur under your password or account.  You agree to immediately notify us if you become aware of any unauthorized use of your password or username or any other breach of security. 

Your use of the Sites will be governed by our Privacy Statement. By accepting the terms of this agreement, or by otherwise using the Sites, you indicate that you understand and consent to the information practices described in our Privacy Statement.

No Endorsements

The Sites may refer to or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Links to Other Sites

The Sites may contain links to web sites not operated by Healthcare Ready. Healthcare Ready provides these links for your convenience only, and does not review, control, or monitor the content or materials on any other web sites. Rx Response is not responsible for the performance of those sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those sites, including the privacy policies of those sites.

Your Feedback, Comments, and Ideas

While Rx Response is pleased to receive feedback, comments, and ideas from users of the Sites, we want you to understand that any information that you submit through the Sites will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in the Healthcare Ready Privacy Statement). If you transmit any ideas, information, concepts, know-how, techniques, or materials to Healthcare Ready through the Sites, you hereby grant Healthcare Ready an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Healthcare Ready is free to use them for any purpose.

No Warranties

ALL CONTENT ON THE SITES IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. HEALTHCARE READY, PHRMA, AND EACH OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE "PARTIES") HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR DATA AVAILABLE THROUGH THE SITES, OR THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO HEALTHCARE READY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU AGREE THAT IN NO WAY SHALL THE PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, OR ANY DAMAGE RESULTING FROM ANY CONTENT OR MATERIALS POSTED ON THE SITES, INCLUDING ANY INFORMATION OR OPINIONS POSTED ON THE DISCUSSION BOARDS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS Rx RESPONSE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS MENTIONED ON THE SITES. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF ANY OF THE PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PARTIES AND THIRD PARTIES WHO CONTRIBUTE TO THE SITES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW.

Governing Law

These Terms of Use and all matters relating to your access to, or use of the Sites shall be governed by the laws of the District of Columbia. You agree that any legal action or proceeding between you and Healthcare Ready, and/or its officers, directors, employees, agents and suppliers, if any for any purpose concerning these Terms of Use or in any way related to the Sites shall be brought exclusively in a court of competent jurisdiction sitting in the District of Columbia. Any such legal action must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

Healthcare Ready reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. Our failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of our rights.

This agreement may be terminated by Healthcare Ready for any reason at any time. Otherwise applicable sections of the agreement shall survive termination.

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

These Terms of Use are the complete agreement between you and Rx Response with respect to your use of the Sites.  These Terms of Use and the Privacy Statement are also the complete agreement between you and Rx Response with respect to your use of this web site.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Healthcare Ready as a result of the agreement or your access to and use of the Sites. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Healthcare Ready shall have the right to assign, transfer and sublicense this agreement, and its rights and obligations hereunder, to one or more other persons or entities.

Questions

Please contact Healthcare Ready at 950 F Street, NW, Suite 300, Washington, DC 20004 if you have any questions or comments about these Terms of Use.