I. Acceptance of the Terms of Use

We, Epocrates, Inc. and our subsidiaries and affiliates (collectively “epocrates”, “we”, “us”, “Company”) 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 (our “Services”). If we link or reference these Terms of Use as part of any Services, these Terms will apply to your use of the Services.

These Terms of Use are a legal agreement between you and epocrates.

THESE TERMS OF USE CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US IN ACCORDANCE WITH THESE TERMS AND WITHOUT A JURY TRIAL, ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION.

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services you accept and agree:

• to enter into a legally binding agreement with epocrates;
• to be bound by and fully comply with these Terms of Use; and
• you are at least the age of legal majority in your place of residence and otherwise legally competent to enter into contracts. Alternatively, if you are under the legal age of majority in your jurisdiction or otherwise not legally competent to enter into contracts, your parent or guardian must agree to these Terms of Use on your behalf prior to your use of the Services.

If you do not want to agree to these Terms of Use, you must not access or use the Services.

II. Changes to the Terms of Use and Services

We may modify these Terms of Use at any time and without notice to you, in our sole discretion. All changes are effective immediately when we post them. You can view the most recent version of these Terms of Use at any time at https://www.epocrates.com/termsofuse. Your continued use of the Services after publication of revised Terms of Use is deemed to be acceptance of those revisions. We may amend the content on epocrates.com from time to time. Any of the material on epocrates.com may be out of date at any given time, and we are under no obligation to update such material.

III. Additional Terms

These Terms of Use relate to your use of the Services. Additional specific terms or agreements may apply to a particular Service you use, such as if you participate in a survey or user experience study or operate mobile applications or platforms. To the extent there is a conflict between these Terms of Use and those specific terms, the provisions of the specific terms will control.

IV. Accessing the Services, User Restrictions and Account Security

 We will not be liable if for any reason all or any parts of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Services or otherwise, including but not limited to through the use of any interactive features on epocrates.com, is governed by our Privacy Policy. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.

You are responsible for all use of your epocrates account, regardless of whether you authorized such access or use, and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You may use your epocrates account to login on up to four (4) web devices and four (4) app devicesat any one time. Any additional logins will cause an automatic log-out of the earliest login instance. You agree to notify epocrates immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You may be held responsible for any losses incurred by epocrates or any other user of the Service that are in any way related to your failure to maintain the security of your account information.

V. Geographic Restrictions 

The owner of epocrates.com is based in the Commonwealth of Massachusetts in the United States. We make no claims that the Services or any of the content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

VI. Service Content

The information that we make available through the Services is intended for physicians and other healthcare professionals. Updating certain information 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.

VII. Intellectual Property Rights

The Services and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof (“Epocrates Data”), are owned by epocrates, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal use only. You may not access or use the Services, any part of the Services, or any materials available through the Services for a commercial purpose, except with written permission from epocrates. You must not (i) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material contained within our Services or (ii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services, other than as explicitly set forth herein, in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made and attest to such destruction in writing. No right, title or interest in or to the Services or any content within Services is transferred to you, and all rights not expressly granted are reserved by epocrates. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans within the Services are the trademarks of their respective owners.

In furtherance, and not in limitation of the foregoing, unauthorized use of Epocrates Data for training, developing, or improving large language models (LLMs) or any artificial intelligence (AI) systems is strictly prohibited. This includes, but is not limited to, scraping, mining, or otherwise collecting Epocrates Data for the purpose of using it in machine learning models or algorithms. By accessing or using this website, you agree not to use Epocrates Data for training or development of LLMs or AI systems without express written permission from epocrates. Any such unauthorized use will be considered a violation of these Terms of Use and may result in legal action.

The Services are being provided to you on a non-exclusive, non-transferable basis solely for your internal use in the U.S. You may view information provided through the Services online or download or print individual articles for backup or archival purposes only. All copies of the information provided through the Services must include any trademark or copyright notices or disclaimers, and you may not remove any trademark or copyright notices or disclaimers from our or our licensors' materials. We and our licensors reserve all other rights not granted in these Terms of Use. You agree not to access the Services by any means other than through the interface that is provided by us for use in accessing the Services.

VIII. Linking to Us

You may link to epocrates.com, provided you do so in a way that is legal, consistent with these Terms of Use and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Subject to the foregoing you must not:

• Establish a link from any website that is not owned by you. 
• Cause epocrates.com or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of epocrates.com other than the homepage.
• Otherwise take any action with respect to the materials on epocrates.com that is inconsistent with any other provision of these Terms of Use. 

You agree to cooperate with us in immediately ceasing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

IX. 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:

1. Violate local, state, national, or international laws;

2. 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;

3. 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;

4. Harm minors in any way;

5. Post advertisements or solicitations of business;

6. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through a Community and Communication Service;

7. Post, upload, email, transmit or otherwise distribute chain letters, pyramid schemes, unsolicited or unauthorized advertising or spam;

8. Impersonate another person or business entity or stalk or otherwise harass another person;

9. 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;

10. Harvest or otherwise collect information about others, including email addresses;

11. Allow any other person or entity to use your identification for posting or viewing comments;

12. 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;

13. 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;

14. Fail to respect other members' privacy. This includes revealing another member's password, phone number, address, or any other personally identifiable information; or

15. 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.

We may do any or all of the following without notice:

1. Record or pre-screen the dialogue through a Community and Communication Service;

2. 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;

3. Remove Content which is abusive, objectionable, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;

4. Terminate your access to any or all Community and Communication Services upon our determination that you have violated these Terms of Use; or

5. Edit Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge, consent and agree that we may investigate your use of a Community and Communication Service in order to determine whether a violation of the Terms of Use has occurred or to comply with any applicable law, regulation, governmental request or legal process. 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.

X. 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.

You expressly agree that epocrates may preserve any transmittal or communication by you through the Services, or any service offered through the Services, and may disclose that information if legally required to do so or if epocrates determines that the disclosure is reasonably necessary to enforce these Terms of Use or to protect any rights hereunder or to respond to claims of wrongdoing by others. Please visit our Privacy Policy for our complete policy on what information we collect, how we may use that information and when we share it.

XI. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

You expressly agree that exclusive jurisdiction for any dispute with epocrates resides in the courts of Suffolk County, Massachusetts, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Suffolk County, Massachusetts, in connection with any claim involving epocrates. Use of the Services is unauthorized in any jurisdiction that does not give effect to these Terms and Conditions and all of the terms and conditions set forth herein.

XII. Termination and Modification

You agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Services (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Services with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) your engagement in fraudulent or illegal activities. You agree that all terminations for cause shall be made at our sole discretion, and neither we nor our licensors shall be liable to you or any third party for any termination of your account, any associated email address, or access to the Services or any portion thereof.

XIII. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NONE OF EPOCRATES, OUR LICENSORS, INCLUDING THE AMERICAN MEDICAL ASSOCIATION, AND SUPPLIERS, WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED WITHIN THE SERVICES OR WITHIN ANY LINKED SERVICES.

EPOCRATES EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICES. EPOCRATES CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES.

YOUR USE OF THE SERVICES, ITS CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS 1. THAT THE SERVICES, THEIR CONTENT OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, 2. THAT DEFECTS WILL BE CORRECTED, 3. THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND 4. THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Further, neither the Company nor any person associated with the Company makes any representations or warranties regarding 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.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, EPOCRATES.COM AND ITS CONTENTS ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF EPOCRATES.COM.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XIV. Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, INCLUDING THE AMERICAN MEDICAL ASSOCIATION, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY SERVICES LINKED TO IT, ANY CONTENT WITHIN THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XV. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE SERVICES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XVI. Indemnification

You agree to defend, indemnify and hold harmless epocrates, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

XVII. 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 legalcontact@athenahealth.com and providing the following information:

1. 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.

2. 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.

3. Your name, address, telephone number and (if available) e-mail address.

4. 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.

5. 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.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of subscribers and account holders who are repeat infringers.

XVIII. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and epocrates with respect to the Services and subject to Section II, supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

XIX. Questions or Concerns about Our Terms of Use

For questions or concerns about these terms of use, please send an email to legalcontact@athenahealth.com.

If you have any questions or comments, please contact us at:
 

1. (617) 402-1000, or

2. athenahealth, Inc.
Attn: Chief Compliance Officer
80 Guest Street
Boston, MA 02135
 

Date of Last Revision: September 17, 2024