Terms and Conditions

 
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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Introduction/Binding Agreement


Welcome to consumermedsafety.org, a website for consumers ("consumermedsafety", the "Site" or the "Website") provided by the Institute for Safe Medication Practices ("ISMP"). This Site contains a range of information and tools relating to health and medication. There are articles, tools, images, and other content ("Content") that have been written by ISMP, medical writers or other medical professionals and users of the Site. This Website offers you the opportunity to view Content, report medication errors, sign up for receipt of newsletters, as well as submit comments, materials, questions, ideas, suggestions, concerns, or the like to ISMP.

This Website is provided to you under the following Terms & Conditions of Use (the "Agreement") which governs your relationship with us. Your use of this Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept this Agreement, we ask that you not use the Website. ISMP may make changes to the Agreement from time to time in its sole discretion, and will post any such changes on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of any such changes.

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THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.


THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEBSITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER MEDICAL NOR HEALTHCARE ADVICE. NOTHING CONTAINED IN THE WEBSITE IS INTENDED TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE.

If you think you may have a medical emergency, call your physician or 911 immediately. ISMP does not recommend or endorse any specific medications, studies, clinical trials, tests, results, physicians, products, procedures, opinions, tips, or other information that may be mentioned on the Website. Reliance on any information provided by ISMP, its employees, or others appearing on the Website is solely at your own risk.

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Intended Audience


This Website is intended for and directed to adults in the United States only. This Website is not intended for any children under the age of 18.

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Personal Information and Privacy


ISMP respects your privacy. Our Privacy Policy explains our collection, use and disclosure of information that you provide to us, including, personally identifiable information.

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Error Reporting


Through our Site, you have the ability to report medication related errors such as receiving the wrong medication, strength, or dose of medicine; confusion over look alike/sound alike drugs; taking a medication the wrong way; calculating or preparing a medicine incorrectly; misuse of medical equipment; and errors in prescribing, transcribing, dispensing, and monitoring of medications ("Error Submissions"). Our error reporting system, which is a confidential national voluntary reporting program, provides expert analysis of the causes of medication errors and disseminates recommendations for prevention. Regulatory agencies and manufacturers are notified of recommended changes in products when safety is of concern.

After we receive an Error Submission from you, we may contact you for more information so we can develop a case study with analysis for publication. Case studies are published by ISMP in various print and online resources to alert other consumers and healthcare professionals about recommendations to prevent errors.

Details regarding our use of your Error Submissions and personally identifiable information are set forth in the "Use of Information" and "Disclosure of Information" sections of our Privacy Policy. By transmitting Error Submissions using the Website, you (1) represent and warrant to ISMP that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit Error Submissions; and (2) subject to the limitations on use of any personally identifiable information in an Error Submission, grant to ISMP an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Error Submissions (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed.

You acknowledge and agree that ISMP may preserve Error Submissions and may also disclose Error Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Error Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of ISMP, its users, and the public.

You understand and agree that you shall evaluate and bear all risks associated with the use of any Error Submissions, including any reliance on the accuracy, completeness, or usefulness of such Error Submissions.

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Received Materials


Our Website also allows you to submit comments, materials, questions, ideas, suggestions, criticisms, or the like ("Received Materials"). Details regarding our use of Received Materials and personally identifiable information that may be contained in such materials is set forth in the "Use of Information" and "Disclosure of Information" sections of our Privacy Policy.

Subject to the restrictions on use of personally identifiable information set forth in our Privacy Policy, by submitting Received Materials, you agree that ISMP will be free to reproduce, use, disclose, exhibit, publicly display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials. You also acknowledge that what you post may be indexed by search engines such as Yahoo or Google. Furthermore, ISMP is free to use any ideas, concepts, know-how, or techniques contained in any Received Materials you send to ISMP, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.

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Terms and Conditions with Respect to Error Submissions and Received Materials


You acknowledge and agree to the following additional terms and conditions when sending Error Submissions and Received Materials:

  1. The Received Materials will be shared with the staff of ISMP best able to address the issues presented.
  2. Neither ISMP nor any of its affiliates are obligated to use or publish, or respond individually to your Error Submissions or Received Materials or to pay you for any Error Submissions or Received Materials.
  3. ISMP reserves the right to change due dates for Error Submissions or Received Materials, or other specifics, as it deems necessary in its sole discretion.
  4. Anything sent via US Mail or other delivery service (Tapes/Photos/Letters, etc.) will not be returned to you and may appear on consumermedsafety, or in other ISMP publications forever.

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User Conduct Guidelines


While using the Site, you agree not to:

  • transmit any Error Submission or Received Material that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
  • impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Error Submission or Received Material transmitted through the Website;
  • interfere with, disrupt, or harm in any way the Website or servers or networks connected to the Website;
  • engage in any activities that would infringe on or violate the personal privacy rights of others, except as permitted by applicable law.

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Protection of Intellectual Property Rights and Licenses


This Website is owned by ISMP. All rights, title, and interest in and to the content displayed on the Website, including but not limited to the Website's look and feel, data, information, text, graphics, images, software, music, photographs, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of ISMP or its respective partners, agents, or third party licensors and is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws. Except as expressly authorized by ISMP, you agree not to download, transmit, reproduce, copy, modify, rewrite, create derivative works, distribute, publicly display, publicly perform, license, rent, lease, loan, sell, assign, translate into any language or computer language, reverse engineer, disassemble, decompile or transfer content retrieved from the Website in any way (including, without limitation, any software) without the prior written consent of ISMP.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice, trademark or other notices displayed on or included with the Content.

Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of ISMP's Intellectual Property Rights or under any third party's intellectual property rights. Any rights not expressly granted herein are reserved.

Except as otherwise noted, all Content posted on this Website is:

Copyright © ISMP, 2012 ALL RIGHTS RESERVED

For further information regarding permission to use Content, Error Submissions or Received Materials, please Contact Us.

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Trademarks/Service Marks


"CONSUMERMEDSAFETY.ORG", "PREVENT-ERR", "SAFE MEDICINE", and "ISMP" logo and design, are registered trademarks of ISMP.

All other trademarks, logos, and service marks are the property of their respective owners.

The trademarks, logos and service marks (collectively the "Marks"), including those listed above, displayed on the Website identify ISMP's products and services, and inform the public that ISMP is the source of those products and services. Nothing contained on the Website should be construed as granting any right or license to use any Mark displayed on the Website except if used in connection with Content, Error Submissions or Received Materials. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

  • To identify materials or services that are not ISMP materials or services;
  • In, as, or part of your own trademarks or services marks;
  • In any manner likely to cause confusion;
  • In a manner that implies inaccurately that ISMP sponsors, endorses or is otherwise connected with your products, services or other activities; or
  • In a manner that disparages ISMP or dilutes the Marks.

You are also advised that ISMP will enforce its intellectual property rights in the Marks to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from ISMP, which may be withheld by ISMP in its sole discretion. Please make such requests through our online form. We will evaluate your request and respond as soon as commercially practical.

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Notice and Procedure for Making Claims of Copyright Infringement

ISMP asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512, ISMP has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide ISMP's Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Website;
  4. Your name, address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; andA statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ISMP's Copyright Agent for Notice of claims of copyright infringement on its Website can be reached through our online form, by phone: 1-877-MED-SAFE (633-7233) or by mail at:

Institute for Safe Medication Practices
Attn: Copyright Agent
200 Lakeside Drive, Suite 200 
Horsham, PA 19044

Upon receipt of the written notification containing the information as outlined in 1 through 6 above, ISMP's Copyright Agent will investigate the claim and if the claim is valid shall:

  • remove or disable access to the material that is alleged to be infringing;
  • forward the written notification to such alleged infringer ("Subscriber"); and
  • take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.You may want to seek the advice of independent legal counsel before filing a notification.

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Counter-Notification


If Subscriber believes that a notice of copyright infringement has been wrongfully filed against it and it would like to submit a Counter-Notification, Subscriber may file a Counter-Notification in Response to Claim of Copyright Infringement with ISMP's Copyright Agent.

To be effective, a Counter-Notification must be a written communication provided to ISMP's Copyright Agent for Notice that includes the following information:

  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which ISMP may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter-Notification containing the information as outlined in 1 through 4 above, ISMP's Copyright Agent shall investigate such Counter-Notification and if the Counter-Notification claim is valid shall:

  • promptly provide you with a copy of the Counter-Notification;
  • inform you that it will replace the removed material or cease disabling access to it within ten (10) business days; and
  • replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter-Notification, provided ISMP's Copyright Agent for Notice has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on ISMP's network or system

 

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Linking to ISMP


You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of consumermedsafety so long as the link does not portray consumermedsafety, ISMP, its affiliates, or their items or services in a false, misleading, or offensive manner. You may not use any consumermedsafety or ISMP logo or graphic or trademark as part of the link without the prior express written permission of ISMP.

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Your Contact with Third Parties


These terms and conditions apply only to consumermedsafety, and not to the websites of any other companies or organizations, including those to which this Website links. We do not endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Please see our Sponsorship and Advertising Policy for more information.

Your dealings with third parties found on or through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. We do not monitor any transaction between you and third party providers of products or services. ISMP does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that ISMP will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.

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Indemnification


You agree to indemnify and hold harmless ISMP, its directors, officers, employees, agents, sponsors, subsidiaries, parents, and affiliates, from and against any and all liabilities, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Website; Content, or your breach of the Agreement.

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No Warranties


THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ISMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ISMP DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. ISMP MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ISMP OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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Limitations of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ISMP BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS, CONDUCT OR SERVICES OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT ISMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

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Modification or Suspension of the Website


You agree that ISMP may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any portion of the Website, temporarily or permanently, without notice to you, and you agree that ISMP will not be liable for any consequences of doing so.

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Termination


You agree that ISMP may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your information, Error Submissions, or Received Materials within the Website, without prior notice to you for any reason that ISMP, in its sole discretion, deems appropriate. You further agree that ISMP will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Received Materials, Protection of Intellectual Property Rights and Licenses, Trademarks/Service Marks, Indemnification, No Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

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Compliance with Laws


You agree to comply with all applicable laws and regulations regarding your use of the Website, including, without limitation, intellectual property laws, privacy laws and laws regarding import/export of technical data by virtue of your online transmission.

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Electronic Communications


The information communicated on the Website constitutes electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

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Entire Agreement


This Agreement and any other terms, policies, rules, guidelines, or instructions posted on the Site constitute the entire agreement between you and consumermedsafety and ISMP and supersede all previous written or oral agreements. If any part of these terms and conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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Applicable Law


The Agreement and the resolution of any dispute related to the Agreement or the Website shall be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein, without giving effect to any principles of conflicts of law or choice of law. Any legal action or proceeding between ISMP and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

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Contact Information


If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of ISMP using our online form, by phone: 215-947-7797

or by mail at:

Institute for Safe Medication Practices
Attn: consumermedsafety.org IT
200 Lakeside Drive, Suite 200 
Horsham, PA 19044

These Terms & Conditions of Use were last updated on 4/20/12.

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