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Please review and accept the MedSafety Scan® Terms of Use

Please review and accept the MedSafety Scan® Terms of Use

    

Welcome to MedSafetyScan.org, please read these terms and conditions carefully before using the MedSafetyScan.org (the “Site”, “MSS” or the “website”), which is owned and operated by AZCERT, Inc., an Arizona not-for-profit corporation (the “Organization” or “We” or “Us”). The term “You”, as it is used in these Terms refers to you or the entity you represent (where applicable), the user of MSS. If you are entering into this Agreement on behalf of an entity, you represent and warrant you are authorized to do so.  This and any affiliated Site is intended for use by individuals 18 years of age or older; if you are under the age of 18 discontinue use of the Site immediately, failure to do so is in violation of this Terms of Use Agreement and the Privacy Policy, available at https://medsafetyscan.org/privacy, which is hereby incorporated by reference (the “Privacy Policy”).  The Site is provided to enable the general public and healthcare providers to use the MSS decision support application.   

By registering to gain access to the website and MSS, you agree that you have read and agree to be bound by these Terms of Use (“Terms” or “Terms of Use”) and the Privacy Policy. If you do not so agree, you may not access or use the website or MSS. If you disagree with any of the terms contained herein, the Organization does not grant the license to use MSS. Your use of MSS serves as your unconditional acceptance of these Terms.  We reserve the right to update and change these Terms from time to time without prior notice. You can always find the most recent version of these terms at https://medsafetyscan.org/terms.

You acknowledge and agree that it is your responsibility to review these Terms of Use and to be aware of any modifications. Your continued use of MSS after any modifications to these Terms of Use have taken effect constitutes your acknowledgement of their modification and your agreement to abide by, and be bound by, the most recent Terms of Use posted.

The Site and MSS are owned by the Organization and access is hereby licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These terms define legal use of MSS, all updates, revisions, substitutions, and any copies made by or for you. All rights not expressly granted to you are reserved by the Organization.

Your usage license under these terms continues until either party terminates it. You may terminate the license by discontinuing use of MSS. The Organization may terminate the license at any time for any reason. Your rights to use MSS terminate automatically if (1) you violate any of these Terms, (2) the Organization posts a written notice of termination, (3) the Organization sends a written notice of termination to you, or (4) the Organization disables access to MSS.

1. The MSS website and Registration

In order to access and use MSS, You must register your name, email address, and affiliation, if any, with us.  Once you have done that, subject to approval in our sole discretion, we will provide you with a password. Using the information You have provided, we may send You notifications about any updates or changes that are made to MSS. The Privacy Policy describes how the Organization may use the limited information that You provide us. The sole effect of registration will be to enable you to access the Site and use MSS.

2. Passwords

As discussed above, only after you have registered with Us by providing your email address and name, will you be provided with access via the use of a password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and password; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, you may use the “Contact Us” links located on every page or contact us using the email address provided in Section 13 below. You grant the Organization and all other persons or entities involved in the operation of the website and MSS the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website and MSS. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Site or MSS.

3. Disclaimer of Warranties

You expressly understand and agree that:

  • The Site and MSS are being provided to you as an information resource for your use as a healthcare provider or research scientist. It is not intended for any other purpose, including but not limited to medical advice and/or treatment. The information provided here is for informational purposes only. The MSS application may not cover all possible drug toxicity or drug-drug interactions.  The program was developed for use in the US  and drugs not on the US market may not be recognized by the program.
  • During your use of MSS, it may be necessary for AZCERT to modify the application.
  • Although we attempt to provide accurate and up-to-date information, no guarantee is made to that effect.
  • You are using the Site and MSS at your own risk. The Site and MSS are provided on an “as is” and “as available” basis.
  • Users may be notified of any changes to the Site, MSS and/or to these Terms of Use and could be required to acknowledge their acceptance of those changes.
  • We expressly disclaim all warranties of any kind. This includes any express or implied warranties such as the implied warranties of fitness for a particular purpose, and non-infringement. The following is a non-exhaustive list of warranties we specifically disclaim:
  1. The Site and MSS will meet your specific requirements; 
  2. The Site and MSS will meet your specific expectations;
  3. Your use of materials displayed on the Site on in MSS, or obtained through, CredibleMeds will not infringe the rights of third parties;
  4. The quality of MSS or other material obtained by You will meet your expectations; and
  5. Any errors in the Site or MSS will be corrected.
  • We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Organization spokesperson speaking in his or her official capacity.  Content available through the Site or MSS can represent the opinions and judgments of an information provider, user, or other person or entity not connected with the Organization.

4. Intellectual Property

Copyright © AZCERT, Inc. All Rights Reserved.

For purposes of these Terms of Use, “content” means any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users of the Site or MSS. This includes, but is in no way limited to, forums, blogs, the MSS reports and other original content.

By accepting these Terms of Use, You acknowledge and agree that all content presented to You on this Site and in MSS is protected by copyrights, trademarks, service marks, patents, or any other applicable proprietary rights and laws, and is the sole property of the Organization. Any unauthorized use of the materials appearing on the Site and in MSS will constitute a violation of any applicable intellectual property laws.

The words “CredibleMeds,”  “AZCERT,” and “MedSafetyScan” are our trademarks. All custom graphics, icons, logos, and service names are our copyrights, trademarks, or service marks. All other trademarks or service marks are property of their respective owners.

5. Use of Our Content

Except as otherwise provided in these Terms, You may view, print, and copy content from the MSS Site subject to the following terms and conditions:

  • The content must be used solely for informational or educational purposes. You may not sell or distribute the MSS content or its reports to third parties for any purpose whatsoever; however, You are permitted to direct third parties to view the information on our Site;
  • Unless expressly agreed to by the Organization, the content may not be modified in any way; and
  • The Organization reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from the Organization.

Unless expressly agreed to by the Organization in writing, You may not print, copy, or distribute the layout or design of the Site or MSS. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part.

6. Indemnification

On a request by us, You agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Site and MSS. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event You will cooperate with us in asserting any available defenses.

7. International Use

Although this Site and MSS may be accessible worldwide, we make no representation that materials are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access MSS from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with MSS is void where prohibited.

8. Governing Law

The Site and MSS (excluding any linked sites) are controlled by us from our offices within the State of Arizona, United States of America. It can be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing MSS You agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of MSS. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Pima County and the United States District Court for the District of Arizona with respect to such matters.

9. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Support Services at info@azcert.org , if by email, or at 1822 E. Innovation Park Dr. Oro Valley, Arizona 85755, if by conventional mail. Notices to You will be sent to the email address supplied to us by You in the course of your communications with the Organization. In addition, we may broadcast notices or messages through the Site to inform You of changes to the Site or MSS or other matters of importance, and such broadcasts constitute notice to you.

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed email; or (6) on the date uploaded and available for viewing by You if posted to the Site.

10. Entire Agreement

Except as explicitly stated herein, these Terms of Use constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by You and us. To the extent that anything in, or associated with, MSS or the Site is in conflict or inconsistent with these Terms of Use, these Terms of Use take precedence.

11. Miscellaneous

If any part of these Terms of Use 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.

12. Contact Information

Except as otherwise explicitly noted on the Site, the services available are offered by AZCERT, Inc. an Arizona corporation, located at 1822 E. Innovation Park Dr. Oro Valley, Arizona 85755. Our telephone number is 520-989-0900