We provide Epocrates members with access to a wide array of resources which may be provided to you in a variety of mediums and devices now known or hereinafter developed, including mobile applications. These resources include, without limitation, news, tools and applications, sponsored programming and communication tools, including content licensed from our licensors, such as the American Medical Association (collectively, the "Services").
The information that we make available through the Services is intended for physicians and other healthcare professionals. Updating certain information, including Current Procedural Terminology (CPT®), through the Services is dependent on maintaining agreements with our licensors. While we hope you find the Services helpful, you should remember that it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional and you should evaluate and independently verify the information and results from Services we provide. We do not provide professional advice or recommend particular products through our Services. If you are a consumer who chooses to use the professional-level information available to you through the Services, you do so at your own risk and you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel.
The Epocrates' drug interaction checker included in the Services is based on two-drug combinations. The results returned by the checker reflect only paired interactions and compatibility and do not reflect interactions or incompatibilities arising from combinations of more than two drugs at a time.
Epocrates Provider Directory
The Epocrates Provider Directory is provided for informational purposes only. You assume full responsibility for the communications with any individual you contact through the Epocrates Provider Directory. The database of information which drives the Epocrates Provider Directory does not contain sufficient information with which to verify credentials under the standards of the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), National Committee for Quality Assurance (NCQA) of the Utilization Review Accreditation Committee (URAC), and use of the Epocrates Provider Directory to verify the credentials of physicians is prohibited. The inclusion of a healthcare professional in the Epocrates Provider Directory is not an endorsement of any such healthcare professional by Epocrates, any of its licensors, affiliates or any third party sponsor of any component of the Services.
Epocrates owns all rights to its logos and trademarks used in connection with the Services. All other logos and trademarks used in connection with the Services are the property of their respective owners. CPT is copyrighted and licensed by the American Medical Association. CPT is a registered trademark of the American Medical Association.
You acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our licensors, you agree not to sell, rewrite, modify, reproduce, distribute (via the Internet or other public computer based information system), redistribute, create derivative works (including translating), rent or provide any information presented to you through the Services, in whole or in part, to an unauthorized party. Further, you are prohibited from using, downloading, publishing, republishing, transferring, selling, leasing, licensing, duplicating, or "scraping" for commercial or any other purpose any database, in whole or in part, in any medium whatsoever, underlying any of the Services including, without limitation, the Epocrates Provider Directory and the Epocrates Rx drug reference tool.
Linking to Us
Usually, we don't mind if you include a simple link from your website to our website(s). However, you must first ask our permission if you intend to frame our website(s) or incorporate all or a portion of our website(s) into a different site or product in such a way that is not clear to the users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impacts on our reputation.
Passwords and User Restrictions
By using the Services, you represent that you are 18 years of age or older.
Member Conduct when Using Community and Communication Services
If you use a community and communication feature of the Services (each, a "Community and Communication Service"), you are responsible for all communications, information, data, text, music, sound, graphics, messages and other material ("Content") that you upload, post, transmit, email or otherwise distribute through a Community and Communication Service. Neither we nor our licensors are responsible for the consequences of the Content posted by you or any other party through a Community and Communication Service, and as such, do not guarantee the accuracy, integrity or quality of such Content. You understand that by using a Community and Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available through a Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
When you use a Community and Communication Service, you agree not to:
- Violate local, state, national, or international laws;
- Post, upload, email, transmit or otherwise distribute any Content that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Post, upload, email, transmit or otherwise distribute any Content that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as we may determine in our sole discretion;
- Harm minors in any way;
- Post advertisements or solicitations of business;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Community and Communication Service;
- Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;
- Impersonate another person or business entity or stalk or otherwise harass another person;
- Post, upload, email, transmit or otherwise distribute viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware;
- Harvest or otherwise collect information about others, including email addresses;
- Allow any other person or entity to use your identification for posting or viewing comments;
- Interfere with or disrupt a Community and Communication Service or computers, networks or other hardware connected to a Community and Communication Service, or disregard any requirements or policies of networks connected to a Community and Communication Service;
- Engage in any other conduct that restricts or inhibits any other person from using or enjoying a Community and Communication Service, or which, in our sole judgment, exposes us or our licensors, customers or suppliers to any liability or detriment of any type;
- Fail to respect other members' privacy. This includes revealing another member's password, phone number, address, or any other personally identifiable information;
- Create member names, or post, solicit or send messages, text or photographs that are sexually explicit, that denigrate, threaten, abuse or harm others in any way; or
- Record or pre-screen the dialogue through a Community and Communication Service;
- Investigate an allegation that a communication does not conform to the terms of this section and determine in our sole discretion to remove or request the removal of the Content;
- Edit Content.
You agree and acknowledge that the processing and transmission of a Community and Communication Service, including your Content, may involve transmissions over various networks and devices and modifications may be required for such transmissions.
Information that You Provide to the Services
General Practices Regarding Use and Storage
You acknowledge that Epocrates may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that messages, postings or other uploaded Content will be retained by the Services, the maximum number of messages that may be sent from or received by an account on the Services, the maximum size of any message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Epocrates' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Epocrates has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Epocrates reserves the right to modify these general practices and limits from time to time.
Epocrates does not make any representations or guaranty about whether the Services are adequate to meet your privacy and security compliance obligations under HIPAA or any other standards, laws, rules or regulations. You are responsible for assessing your privacy and security needs and determining whether your use of our Services is appropriate to comply with your obligations.
When using the Services, information will be transmitted over a medium that may be beyond the control of Epocrates, our licensors or suppliers. Accordingly, neither Epocrates, its licensors nor suppliers assume liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with your use of the Services. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed to access the Services and all charges related to the same.
Laws that Govern this Agreement
U.S. Government Rights
The Services include CPT which is commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, which was developed exclusively at private expense by the American Medical Association, 515 North State Street, Chicago, Illinois 60654. U.S. government rights to use, modify, reproduce, release, perform, display, or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (November 1995) and/or subject to the restrictions of DFARS 227.7202-1(a) (June 1995) and DFARS 227.7202-3(a) (June 1995), as applicable, for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (December 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (December 2007) and FAR 52.227-19 (December 2007), as applicable, and any applicable agency FAR supplements, for non-Department of Defense Federal procurements.
Termination and Modification
Your use of the Services is at your own risk. The Services and information included therein are provided on an "as is" basis. WE AND OUR LICENSORS, INCLUDING THE AMERICAN MEDICAL ASSOCIATION, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, FITNESS FOR PARTICULAR PURPOSE AND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AS AN END USER OF THE SERVICES. NEITHER EPOCRATES NOR ITS LICENSORS OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Services or information contained therein.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools available through the Services.
Notice and Take Down Procedures and Copyright Agent
If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting Epocrates at firstname.lastname@example.org and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.