Terms & Conditions of Use
Effective Date: 1 September, 2010
IMPORTANT NOTICE – PLEASE READ
The iGuard website at MediGuard and its content (the "Site"), together with the services offered by the Site (such as the Medication Safety Check, Drug Safety Ratings and Drug Safety Alerts) (the "Services"), are owned and controlled by iGuard, Inc. The Site and the Services are not, and are not in any way intended to be, a substitute for professional medical advice. MediGuard cannot and does not take into consideration every possible interaction or account for individual responses to medicine. Different individuals may respond to medication in different ways. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective, or appropriate for any given patient. Always seek the advice of a qualified health provider with any questions you may have before embarking on a course of treatment or making any changes to your treatment. You should never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Site or the Services.
1. Acceptance of Terms and Conditions
By accessing, using or registering with the Site or any of the Services, you agree to all of these terms and conditions (the "Terms and Conditions") in full. If you do not agree to all of the Terms and Conditions, do not use this Site! iGuard does not provide warranties for the Site or Services and these Terms and Conditions include limits on iGuard liability – you should read section 12 carefully.
2. Changes to Terms and Conditions
iGuard may update these Terms and Conditions at any time. If we make a material change to the Terms and Conditions we will notify you here, by email, or by means of a notice posted on our home page. Your continued usage of the Site and/or the Services will mean you accept such changes. If you disagree with the changes to the Terms and Conditions, you may cancel your registration in the Site at anytime by sending us an email to email@example.com or by clicking the unsubscribe link that is included at the bottom of automated Service email messages. We encourage you to review the Terms and Conditions on a regular basis and to print off a copy for your records.
3. Site Content
The Site contains information on drug safety including Risk Ratings, Drug Safety Alerts and Patient Reviews. You must register with the Site to receive Services customized to your medications and conditions.
4. Registration and Personal Information
To register for a Service, you must provide us with details like your email address and a log-in password (the “User Details”). In order to provide personalized alerts and ratings to our members, upon registration for any Services we will ask for certain personal information from you including, but not limited to, your email address, age, sex, race/ethnicity, postal code, medications you are on, and health conditions applicable to you (your "Profile"). Notwithstanding anything in these Terms and Conditions to the contrary, iGuard does not assume any responsibility or liability for any part of your Profile.
5. Your Responsibilities
You are responsible for use of the Site and Services and for taking reasonable steps to ensure no unauthorized person can access your User Details. It is your responsibility to notify iGuard at firstname.lastname@example.org if any of your User Details (including your password) are lost or stolen, or if you learn that any third party makes unauthorized use of your User Details.
You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could impair our Site or Services and you may not attempt to gain unauthorized access to any information on the Site or the Services or the support networks. You may not use the Site or Services in any way that impairs the lawful enjoyment by, or the rights of, any third party.
You may download and print content from the Site solely for your personal use. Site content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of the Site or reproduce, link, frame or deep-link to it on any other website without our express written permission.
You are not entitled to use the content of the Site for commercial exploitation in any circumstances.
6. Changes to / Termination of Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions. Where we propose to discontinue an existing Service we will endeavour to give you prior notice by posting details on the Site in advance of any change.
We may terminate and/or suspend your registration without notice for any reason, such as if there has been a violation of policies posted on the Site or these Terms and Conditions by you or someone else using your User Details. Once your registration is terminated, your Profile will be unavailable. You may cancel your registration in the Site at anytime by sending us an email to email@example.com or by clicking the unsubscribe link that is included at the bottom of automated Service email messages.
7. Third-Party Links
8. Additional Terms
Certain Services on the Site may have additional terms or we may provide special offers including, but not limited to clinical trials, market research, disease education, or other contests. If you choose to register for any such Service or special offer, you will be presented with any additional relevant terms and conditions at that time. By using those Services, you agree to comply with such additional terms and conditions. Anonymized data collected by iGuard may be used for research purposes to improve research knowledge. In addition, and in accordance with our business model, we will make anonymized information available to qualified commercial and non-commercial researchers for research studies, such as clinical trials, market research and outcomes research.
9. Use of Site/Service/Content
The Site and Services are provided for visitors and registrants. All rights, title and interest (including intellectual property rights) in and to the Site, its content ("Content") and the Services is owned by iGuard, its affiliates, its partners, and/or its licensors, and is protected by copyrights, trademarks, patents, trade secret laws, and other intellectual property and proprietary rights. Site copyright © 2007, 2010 Quintiles.
You may use the Site, Content, and Services for lawful, personal, non-commercial purposes only in accordance with these Terms and Conditions. You agree not to copy, sell, resell, or exploit our Site, Content, and Services for any commercial purpose.
In the event that you acquire any right, title or interest (including intellectual property rights) in or to the Site, the Content or the Services (whether by operation of law or otherwise) you will do all things and execute all documents that we reasonably require in order to assign such right, title and interest (including intellectual property rights) to us.
10. Important Information about Medication Safety Checks, Drug Safety Alerts and Risk Ratings
Medication Safety Checks, Drug Safety Alerts and Risk Ratings and any other Services are provided for informational purposes only and should not be viewed or relied upon as medical advice. The absence of a warning for a given treatment should not be construed to indicate that a treatment is safe, appropriate or effective for you.
A printed copy of your Profile is a convenient way for you to more easily share information with your health care providers and caregivers. The accuracy, integrity and completeness of the health information in your Profile is your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access, use or modify your Profile.
11. International Use
The Site and Services, including the information provided on the Site and these Terms and Conditions, have been drafted in line with the laws of North Carolina and the United States. iGuard makes no claims that the Content, Site, or Services are appropriate to be downloaded outside of the United States. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.
12. Limitation of Liability
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT iGUARD'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, NOR FOR ANY OTHER LIABILITY THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.
WE PROVIDE THE SITE AND THE SERVICES "AS IS". SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS: (I) YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK; AND (II) iGUARD EXCLUDES ANY AND ALL EXPRESS AND IMPLIED CONDITIONS AND WARRANTEES ABOUT THE SITE AND THE SERVICES (INCLUDING CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL iGUARD BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INCOME OR LOSS OF OPPORTUNITY, NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS ARISING FROM YOUR USE OF THE SITE AND/OR THE SERVICES.
ALL MEDiGUARD CONTENT AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR IF YOU NEED MEDICAL HELP. IF YOU NEED EMERGENCY MEDICAL HELP, YOU SHOULD IMMEDIATELY CALL YOUR LOCAL EMERGENCY HELPLINE.
WE DO NOT GUARANTEE THAT THE MEDiGUARD SITE AND SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR VIRUS- OR ERROR-FREE, NOR THAT IT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE SITE, THE SERVICES OR AN iGUARD REPRESENTATIVE SHALL CONSTITUTE A REPRESENTATION, WARRANTY OR CONDITION.
IF YOU ARE DISSATISFIED WITH THE MEDiGUARD SITE OR SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU HAVE THE OPTION TO CANCEL YOUR REGISTRATION IN MEDiGUARD AT ANYTIME BY SENDING US AN EMAIL TO firstname.lastname@example.org OR BY CLICKING THE UNSUBSCRIBE LINK THAT IS INCLUDED AT THE BOTTOM OF AUTOMATED SERVICE EMAIL MESSAGES.
13. Electronic Communications
When you register for Services you consent to iGuard contacting you by email to provide you with the Services you have requested. In order to access the Site, Content, and Services, you must have a computer connected to a communications source; Java script; full implementation of cascading style sheets; and a more recent version of one of the following Internet browsers: Internet Explorer, Firefox, Opera or Safari.
14. Entire Agreement
These Terms and Conditions and all other legal notices, supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and iGuard and supersede all previous written or oral agreements.
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site and may send you an email regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to anyone else.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
17. Choice of Law; Dispute Resolution
These Terms and Conditions, and your use of the Site and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of North Carolina, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the State and Federal courts located in Wake County, North Carolina, and you irrevocably waive objection to the jurisdiction of such courts.
18. Intellectual Property Rights Infringement
We respect the intellectual property of others. If you believe the Content on this Site in anyway constitutes a infringement of copyright or any other intellectual property right, please notify us in writing:
Attn: Office of Privacy
4820 Emperor Blvd.
Durham, NC 27703
or by email:
iGuard, the iGuard logo, MediGuard, iGuard Safer Medicine, Healthier You, and "safety in numbers, pass it on." are trademarks or registered trademarks of Quintiles Transnational Corp., in the United States and/or other countries. All other trademarks appearing on the Site are the property of their respective owners. No right, license or interest in or to such trademarks is granted by these Terms and Conditions.
20. About iGuard
iGuard, Inc. is a company owned and incorporated under the laws of North Carolina (Charter ID 0622400). Its registered business address is at: 4820 Emperor Boulevard, Durham, NC 27703 USA.