These are the Terms and Conditions which you must agree to for registration and access to this Web site. If you are unwilling to abide by these terms and conditions, please immediately discontinue your use of the Web site and notify customer support so that we may remove you from our e-mail lists.
Scope of Use
SampleRx.com (“SampleRx”) invites you to view, use and download a copy of the SampleRx.com Web site for your informational, non- commercial use. We do not consider using this Web site to obtain information for making patient care and treatment decisions, obtain continuing medical education, and request drug samples as “commercial use.” Except as otherwise provided in these terms and conditions, no part of any content or software on this Web site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose without the express written permission of SampleRx.
Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SampleRx.com, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SampleRx.com is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms and Conditions of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of SampleRx.com.
No Warranties
ALL CONTENT ON THIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RSE HEALTH VENTURES MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION AND APPLYING YOUR OWN JUDGEMENT OR SEEKING PROFESSIONAL MEDICAL JUDGMENT BEFORE RELYING ON IT. USE OF THIS WEB SITE AND THE CONTENT AVAILABLE ON IT ARE AT YOUR SOLE RISK. RSE HEALTH VENTURES MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR WITHOUT ERRORS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF SOFTWARE VIRUSES.
Limitation of Liability
THE NISEDA GROUP, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEB SITE, EVEN IF RSE HEALTH VENTURES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS WEB SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
Trademarks
SampleRx.com™, the SampleRx.com logo, and “Healthcare Samples Simplified” sum and other marks as noted are service marks of The Niseda Group, LLC. Unauthorized use of any of The Niseda Group LLC trademark, service mark or logo may be a violation of federal and state trademark laws.
Copyright
U.S. and foreign copyright laws protect this Web site. Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the design or layout of the SampleRx.com Website, or individual sections of the design or layout of the SampleRx.com Website or SampleRx.com logos without the written permission of SampleRx.com.
Web Site Links
The SampleRx.com Web site may contain links to Web sites operated by other parties. The linked sites are not under the control of SampleRx.com, and SampleRx.com is not responsible for the content available on any other Internet sites linked to our Web site. Such links do not imply SampleRx.com’ endorsement of material on any other site, and SampleRx.com disclaims all liability with regard to your access to such linked Web sites. SampleRx.com provides links to other Internet sites as a convenience to users. Access to any other Internet sites linked to this Web site is at your own risk.
Unless otherwise set forth in a written agreement between you and SampleRx.com, you must adhere to SampleRx.com’s linking policy as follows: (i) any link to the SampleRx.com Website must be a text only link clearly marked “SampleRx.com Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SampleRx.com’s names and service marks, (iii) the link must “point” to the URL www.SampleRx.com and not to other pages within the SampleRx.com Web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with SampleRx.com, (v) when selected by a user, the link must display the SampleRx.com Website on full-screen and not within a “frame” on the linking Web Site, and (vi) SampleRx.com reserves the right to revoke its consent to the link at any time and in its sole discretion.
Location
The SampleRx.com Web site is operated by The Niseda Group LLC from its offices in the State of Missouri, USA. SampleRx.com makes no representation that the information in the Website is appropriate or available for use in other locations. Access to the SampleRx.com Website from territories where the content of the SampleRx.com Website may be illegal is prohibited. Those who choose to access the SampleRx.com Website from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. These terms and any claims relating to the information available on this Web site shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules.
No Medical or Professional Services or Advice
The content on the SampleRx.com Website is intended to be an information resource in regard to the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted on this page. SampleRx.com advises you to confirm the information provided on the Website with other sources, and to review the information carefully using your professional medical judgment. SampleRx.com is not engaged in rendering medical or similar professional services or advice. The information provided on the Web site is not intended to replace medical advice offered by a physician. If you are not yourself a physician, and desire or need such services or advice, you should consult a physician. You should not construe SampleRx.com publication of this content as an endorsement by SampleRx.com of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.
Compliance with the Prescription Drug Marketing Act
This Web site may offer pharmaceutical product sampling as regulated under the Prescription Drug Marketing Act of 1987 (“PDMA”). Requests for samples through this Site are expressly limited to practitioners licensed to prescribe prescription drugs under applicable state and federal law and patients of the aforementioned licensed practitioners. All patient requests for sample medications will be forwarded to the patients identified licensed practitioner for fulfillment in compliance with PDMA. By requesting samples through the SampleRx.com Website you agree to comply with the provisions of the PDMA, as well as any and all actions required by SampleRx.com or its authorized representatives and agents necessary to ensure such compliance, including but not limited to any auditing and verification requirements. Licensed Practitioners, by requesting samples through the SampleRx.com Web site you hereby certify that you are currently licensed with state authorities to request and receive drug samples, and that the combination of information executed as your electronic signature on the designated sample request form is the legally binding equivalent of your handwritten signature.
Drug Information Disclosure
Certain drug information on the SampleRx.com Website is provided to you by our non related third party websites. The drug information (hereafter, the “Service”) and “SampleRx.com” are separate products provided by separate entities.
End User Terms of Use
End Users shall access the Products subject to the following terms.
Medical Disclaimers
The following paragraph of this disclaimer is intended for non-medical professionals who have gained access to this site.
This site is designed to offer you general health information for educational purposes only. The health information furnished on this site and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a professional for questions related to your disease, disease symptoms, and appropriate therapeutic treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read on this site.
We do not make any warranty that the content on this site satisfies government regulations requiring disclosure of information on prescription drug products. The content was developed for use in the United States, and neither we nor our content providers make any representation concerning the content when used in any other country. While information on this site has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of codes, prices or other data contained on this site.
We do not give medical advice, nor do we provide medical or diagnostic services. Medical information changes rapidly. Neither we nor our content providers guarantee that the content covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatments.
Your reliance upon information and content obtained by you at or through this site is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
Liability Disclaimers
Our content providers have utilized reasonable care in collecting and reporting the information contained in the Products on this website and have obtained such information from sources believed to be reliable. However, the content providers do not warrant the accuracy of the information in the website, nor of codes, prices or other data available on this site. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information contained in the information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, or other healthcare professionals in patient care. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate or effective in any given patient.
THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU USE THIS SITE AND THE MATERIAL AND INFORMATION ON THE SITE AT YOUR OWN RISK. OUR INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR OUR CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND OUR CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE, THE SERVICES OR THE CONTENT TO YOU.
Restrictions
No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our content provider’s copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in the site operator and its content providers.
Modifications
SampleRx.com reserves the right to modify this Website and the rules and regulations governing its use, at any time. Modifications will be posted on the Website, and users are deemed to be apprised of and bound by any changes to the Website. SampleRx.com may make changes in the products and/or services described in this Website at any time.
Violations
SampleRx.com reserves the right to seek all remedies available at law and in equity for violations of the Terms and Conditions of Use set forth in this Web site, including, but without limitation, the right to block access from a particular Internet address to the Website.
Security
You are responsible for maintaining the confidentiality of your user name and password, and you are responsible for all uses of your user name or password, and any and all related activity under your account, whether or not authorized by you. E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
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