Please read this Terms of Use (the "Agreement") carefully before accessing or using the Service (as defined below). By accessing or using the Service, you agree to comply with and be legally bound by this Agreement and our Privacy Policy.
All of the web pages related to the domain FingertipFormulary.com and any other domain operated by or for Fingertip Formulary, Inc constitute an online information and internet site (the "Service") provided by Fingertip Formulary, Inc. Throughout this Agreement, Fingertip Formulary, Inc may be referred to as "Fingertip Formulary," "FingertipFormulary.com," "we," or "us." The Service provides you with access to graphics, images, documents, data, information and other materials (the "Content").
Please note that Fingertip Formulary may change the terms of this Agreement at any time without notice to you, and such changes will be effective on the date that such modified terms are posted on the Fingertip Formulary Web site at http://www.FingertipFormulary.com. Your use of the Service or the Content after any changes have been posted will constitute your agreement to the modified Agreement and all of the changes. Accordingly, you should read this Agreement from time to time for any changes.
Please also note that at any time, without notice, Fingertip Formulary reserves the right to terminate your access to the Service.
We grant you a non-exclusive, non-transferable, limited license (with no right to sublicense) to access and use the Service and the Content solely in accordance with this Agreement. Subject to this Agreement, you may view, download and print a single copy of the Content solely for your personal, informational, noncommercial use. You agree not to reproduce, distribute, display, perform, transmit, modify, sell or otherwise make available any of the Content, in whole or in part, in any manner that is not authorized by Fingertip Formulary in writing. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content. If you are an employee, contractor or agent of a company that is not a licensee of Fingertip Formulary, you may download or print only a limited, insubstantial portion of the Content solely for the purposes of assisting your company in deciding whether it wants to enter into a contractual agreement with Fingertip Formulary for its proprietary services, and in no event may you download or print all or a substantial portion of the Content. Any other use of the Content is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).
You acknowledge that the Service and the Content are the property of Fingertip Formulary or applicable rights holders, and are protected by copyright, trademark and other intellectual property laws. Fingertip Formulary® is a mark of Fingertip Formulary, Inc. Nothing in this Agreement or in the Service will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Service.
You agree not to use any name, trademark or logo of Fingertip Formulary in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.
FingertipFormulary.com offers the Service and the Content for your general informational and educational purposes only. Formulary information changes and therefore the formulary information we present may be outdated. You are encouraged to contact your prescription drug benefit provider for the most current formulary information. Nothing related to the Service or the Content is intended as medical advice nor should it be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service and the Content is not intended to create any physician-patient relationship, nor should they be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read on our Web site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Service or in the Content. Reliance on any Content provided by or through the Service is solely at your own risk.
Certain areas of the Service may be accessed and used only by clients to whom we have issued passwords or with whom we have applicable contractual agreements ("Restricted Areas"). You are not authorized to access or use Restricted Areas unless you have received a password from us, or from your employer in accordance with its license agreement with us. You may not share your password or access to the Service, and you may not use another person�s password to access the Service.
If you are authorized to access and use a Restricted Area because you have received a password from us or from your employer in accordance with its agreement with us (an "Authorized User"), you are responsible for maintaining the confidentiality of your password. You agree that you will not share your password with any other person or entity. You are responsible for all activities that occur in connection with your password, and you agree to notify us immediately of any unauthorized use of your password or account. You agree not to reproduce, distribute, display, perform, transmit, create derivative works of, or otherwise make available, any Content from Restricted Areas, in whole or in part, except as expressly allowed by this Agreement or by the express terms of the applicable contract between you or your employer and Fingertip Formulary.
You agree not to use the Service for any purpose that violates any applicable law or that is prohibited by this Agreement. You may not cause, or attempt to cause, damage to the Service, and you may not disable, overburden, impair or interfere with the operation of the Service. You may not gain, or attempt to gain, unauthorized access to any Restricted Areas of the Service or to any of our computer systems or networks. You may not use any spider, robot, scraper, or other automated means to access or use the Service, the Content, or any computer system or network of Fingertip Formulary, without Fingertip Formulary's prior written permission.
THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. You should not assume that the Content is continuously updated or otherwise contain current information. THE SERVICE AND THE CONTENT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WE CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF THE CONTENT, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.
We do not represent or warrant that the Service, or any site to which ours is linked, will be accessible or available on a timely basis, or that access to same will be uninterrupted or error free.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES ( OR OUR AFFILIATES' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS) BE LIABLE TO YOU, OR TO ANY THIRD PARTY WITH RESPECT TO YOUR USE OF THE CONTENT, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR THE CONTENT, EVEN IF WE ARE NEGLIGENT OR OTHERWISE AT FAULT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR THE CONTENT IS TO STOP USING THE SERVICE OR THE CONTENT. IN THE EVENT THAT, NOTWITHSTANDING THIS SECTION, FINGERTIP FORMULARY OR ANY OF ITS AFFILIATES (OR THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS) HAS ANY LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE CONTENT, OUR AGGREGATE LIABILITY FOR DAMAGES SHALL NOT BE IN EXCESS OF THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO SUCH DAMAGES.
Fingertip Formulary Inc is not affiliated or associated with sponsors of sites which hyperlink to or from any Fingertip Formulary or other sites. The linked sites are not under the control of Fingertip Formulary and Fingertip Formulary is not responsible for the content of any linked site or any link contained in a linked site. Fingertip Formulary reserves the right to terminate any link or linking program at any time. Fingertip Formulary may provide links from the Service to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. If you decide to access any of the third-party sites linked to the Service, you do this entirely at your own risk.
You agree to indemnify Fingertip Formulary and any of our parent or affiliated companies, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service or the Content, or any breach or violation of this Agreement or any other term or condition contained on the Service.
Fingertip Formulary makes no claims that the Service is appropriate or may be downloaded outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
This Agreement and all claims arising out of or relating to the Services or the Content, including tort claims, are governed by the laws of the State of New Jersey, without respect to its conflict of laws or choice of laws principles.
You expressly and irrevocably agree that exclusive jurisdiction for any dispute with Fingertip Formulary, or in any way relating to your use of the Service or the Content, resides in the courts of the State of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Fingertip Formulary, or Fingertip Formulary's parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
You agree that any legal proceeding against Fingertip Formulary shall only be maintained in the State Courts of the State of New Jersey, sitting in Bergen County or the Federal Courts, for the District of New Jersey, sitting in Essex County. Both parties hereby expressly waive any right to a jury trial in any such proceeding.
If any provision of this Agreement is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of term or condition in this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate any terms of this Agreement, your permission to use the Service, the Content, and the Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Any personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy, this Agreement shall govern.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on Liability, Limited Remedies, Indemnity, Governing Law, Jurisdiction, Privacy, and Complete Agreement.
Except as expressly provided in a particular legal notice on the Service, this Agreement and the Privacy Policy constitute the entire agreement between you and Fingertip Formulary with respect to use of the Service and the Content.
If you have any questions about these terms of use or the practices of this site, please contact our Webmaster at Feedback@FingertipFormulary.com.
Last Updated: 12/19/2008