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Terms of Service

The Web pages available at Epocrates Insights, and all linked pages (”Site”), are owned and operated by Epocrates, Inc. (”Epocrates”), a Delaware corporation, and are accessed by you (”User”) under the following terms and conditions:

1. Access to the Services

Subject to the terms and conditions of this Agreement, Epocrates may offer to provide certain services that are accessed through the Site (”Services”). User may access the Services solely for User’s own use, and not for the use or benefit of any third party. Epocrates may change, suspend, limit or discontinue the Services at any time in whole or in part, including the availability of any feature or content, without notice or liability.

User certifies to Epocrates that User is an individual at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and telecommunications service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

2. Site Content

The Site and its contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Content is owned by Epocrates and its licensors, and the display of such Content on Site does not grant User any license of any kind to such Content, including a license to copy, distribute, perform or to create derivative works of the Content for any purpose. If User wishes to use Content for any purpose, User must obtain written permission from Epocrates prior to such use.

Epocrates requests that if a User uses the Service for any research that results in an article, a book, or other publication, the User lists Epocrates as a resource in User’s bibliography.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, Epocrates is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Epocrates reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Epocrates is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

3. Restrictions

User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Users right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain private information from any other person.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited.

4. Warranty Disclaimer

User acknowledges that Epocrates does not pre-screen the Content posted by users and that the user posting such Content is solely responsible for such Content. Epocrates has no special relationship with or fiduciary duty to User. User acknowledges that Epocrates has no control over, and no duty to take any action regarding: which users gain access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Epocrates from all liability for User having accessed or not accessed Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Epocrates makes no representations concerning any content contained in or accessed through the Site, and Epocrates will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): EPOCRATES MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE. Epocrates will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Epocrates’ equipment, transmitted over networks accessed by the Site, or otherwise connected with User’s use of the Services.

5. Indemnity

User will indemnify and hold Epocrates, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of User’s access to the Site, use of the Services, violation of this Agreement by User, or the infringement by User of any intellectual property or other right of any person or entity.

6. Limitation of Liability

IN NO EVENT SHALL EPOCRATES BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER THEREFOR; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO USER.

7. Termination

Epocrates may terminate or suspend User’s access to any and all Services and to the Site immediately, without prior notice or liability, if User breaches any of the terms or conditions of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

8. Miscellaneous

Epocrates reserves the right, at its discretion, to modify this User Agreement at any time by posting a notice on the Site. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Epocrates shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Epocrates’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Epocrates’ prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. User agrees to personal jurisdiction by the state and federal courts sitting in San Francisco, California. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and Conditions. Both parties agree that this Agreement, Epocrates’ Privacy Policy, and other policies posted by Epocrates on the Site are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

Revised July 2007

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