Website Terms & Conditions of Use
Effective Date: December 23, 2009
Welcome to iGuard – an on-line community where patients can get informed, stay informed, and share feedback on their medications. By participating in iGuard and reporting on your drug experiences, we can further our drug safety knowledge helping you, your family and friends. We are all part of the solution. iGuard provides each of us, for the first time, with more than a choice. iGuard provides each of us with a role, a voice.
iGuard is an offering of iGuard Inc. iGuard, the iGuard website (the "Site"), and the services offered by the Site (the "Services"), is not and are not intended to be a substitute for professional medical advice. iGuard cannot and does not take into consideration every possible interaction or account for individual responses to medicine. Different individuals may respond to medication in different ways. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective, or appropriate for any given patient. Always seek the advice of a qualified health provider with any questions you may have before making any changes to your treatment. The use of the iGuard site and its content is at your own risk.
1. Acceptance of Terms and Conditions
By using the iGuard website, you signify your assent to all of these terms and conditions (the "Terms and Conditions"). If you do not agree to all of the Terms and Conditions, do not use this website! By using the website and/or registering with it, you signify that you agree to these Terms and Conditions. All provisions of the Terms and Conditions survive in perpetuity until revised or revoked by iGuard.
2. Changes to Terms and Conditions
iGuard may update these Terms and Conditions at any time. Your continued usage of the Site, or any iGuard service will mean you accept such changes. If you disagree with the changes to the Terms and Conditions, you may cancel your registration in iGuard at anytime by sending us an email to support@iGuard.org. We encourage you to review the Terms and Conditions on a regular basis.
3. Site Content
The Site contains information on drug safety through the iGuard Risk Rating System and the posting and distributing of iGuard Drug Safety Alerts. However, you must register with the Site to receive iGuard Drug Safety Alerts and iGuard Risk Ratings customized to your medications and conditions.
4. Registration and Personal Information
During registration, you will establish your credentials (the "Credentials") for Service by providing an email address and password.
In order to provide personalized personalised alerts and ratings to our members, upon registration for iGuard Drug Safety Alerts and Ratings we will ask for certain personal information from you including, but not limited to, your email address, age, sex, medications you are on, and health conditions applicable to you (your "Profile"). Notwithstanding anything in these Terms and Conditions to the contrary, iGuard does not assume any responsibility or liability for any part of your Profile.
iGuard is committed to protecting your privacy; additional information on our practices is explained in the Privacy Policy. By registering, you consent to the transfer, storage, and retrieval of this information in connection with the operation of the Site. Furthermore, you agree that iGuard may use your Personal Profile to identify you and your Credentials to authenticate you for personalized personalised Services and information on the Site.
Finally, you agree that deidentified data collected by iGuard may be used for research purposes to improve drug safety knowledge. By registering with the iGuard service, you are agreeing to receive information about research and medical education opportunities that may be relevant to your health and safety.
5. Your Responsibilities
You are responsible for use of the Site and Services and for taking reasonable steps to ensure no unauthorized person can access your Credentials. It is your responsibility to notify iGuard at support@iGuard.org if your password has been stolen.
You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could impair our Site or Services and you may not attempt to gain unauthorized access to any information on the Site or support networks.
6. Changes to / Termination of Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions.
We may terminate and/or suspend your registration without notice for any reason, such as if there has been a violation of policies posted on the Site or these Terms and Conditions by you or someone else using your Credentials. Once your registration is terminated, your Profile may be unavailable later. You may cancel your registration in iGuard at anytime by sending us an email to support@iGuard.org.
7. Third-Party Links
The Site may include links to other websites. iGuard does not endorse any third-party site. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.
8. Additional Terms
Certain Services on the Site may have additional terms or we may provide special offers including, but not limited to clinical trials, market research, disease education, or other contests. If you choose to register for any such Service or special offer, you will be presented with any additional relevant terms and conditions at that time. By using those Services, you agree to comply with such additional terms and conditions.
9. Use of Site/Service/Content
The Site and Services are provided for visitors and registrants to iGuard. All of the Site content ("Content") is owned by us, our partners, and/or our licensors, and is protected by copyrights, trademarks, patents, trade secret laws, and other intellectual property and proprietary rights. Site copyright © 2007 , 2008Quintiles Transnational Corp.
You may use the Site, Content, and Services for personal purposes only. You agree not to copy, sell, resell, or exploit our Site, Content, and Services for any commercial purpose.
10. Important Information about iGuard Drug Safety Alerts and iGuard Risk Ratings
iGuard Drug Safety Alerts and iGuard Risk Ratings are provided for informational purposes only and should not be viewed as medical advice. The absence of a warning for a given treatment should not be construed to indicate that a treatment is safe, appropriate or effective for you.
Your Profile is a convenient way to more easily share information with your health care providers and caregivers. The accuracy, integrity and completeness of the health information in your Profile is your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorized to access or use your Profile.
11. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United States. iGuard makes no claims that the Content, Site, or Services are appropriate to be downloaded outside of the United States. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
12. No Warranties
WE PROVIDE THE SITE AND THE SERVICES "AS IS". YOU EXPRESSLY AGREE THAT USE OF iGUARD'S SERVICE IS AT YOUR OWN RISK. QUINTILES, iGUARD, AND ITS LICENSORS MAKE NO EXPRESS OR IMPLIED WARRANTEES ABOUT THE SERVICES.
ALL iGUARD CONTENT AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR IF YOU NEED MEDICAL HELP. IF YOU NEED EMERGENCY MEDICAL HELP, YOU SHOULD IMMEDIATELY CALL 911.
WE DO NOT GUARANTEE THAT iGUARD SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE SITE OR AN iGUARD REPRESENTATIVE SHALL CONSTITUTE A WARRANTY.
IF YOU ARE DISSATISFIED WITH THE iGUARD SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU HAVE THE OPTION TO CANCEL YOUR REGISTRATION IN iGUARD AT ANYTIME BY SENDING US AN EMAIL TO support@iGuard.org.
13. Indemnification & Limitation of Liability
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS QUINTILES, iGUARD, ITS EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS AGAINST ANY CLAIMS, DEMANDS, AND LIABILITIES WITHOUT LIMITATION INCLUDING, BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY PROVISION OR OMISSION OF THE SITE, ITS CONTENTS, ITS SERVICES OR YOUR USE OF THE SITE, CONTENT, OR SERVICES. IN NO EVENT SHALL IGUARD OR ANY OF ITS AFFILIATES OR LICENSORS BE SUBJECT TO CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, INCOME, OR OPPORTUNITIES OF ANY USER OF THE SITE OR THE SERVICES.
14. Electronic Communications
Your use of this Site and/or registering for Services constitutes your consent to methods of electronic communication and iGuard's access to the Profile you provided and as you have updated. iGuard will communicate with you through the Site or by sending you email. In order to access the Site, Content, and Services, you must have a computer connected to a communications source; Java script; full implementation of cascading style sheets; and a more recent version of one of the following Internet browsers: Internet Explorer, Firefox, Opera or Safari.
15. Entire Agreement
These Terms and Conditions and all other legal notices, supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and iGuard and supersede all previous written or oral agreements.
16. Assignment
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
17. Choice of Law; Dispute Resolution
These Terms and Conditions, and your use of the Site and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of North Carolina, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the State and Federal courts located in Wake County, North Carolina, and you irrevocably waive objection to the jurisdiction of such courts.
18. Copyright Infringement
We respect the intellectual property of others. If you believe the Content on this Site in anyway constitutes a copyright infringement, please notify us in writing:
iGuard
Attn: Office of Privacy
66 Witherspoon Street
Suite 262
Princeton, NJ 08542
support@iGuard.org
19. Trademarks
iGuard, the iGuard logo, iGuard Safer Medicine, Healthier You, and "safety in numbers, pass it on." are trademarks or registered trademarks of Quintiles Transnational Corp., in the United States and/or other countries. All other trademarks appearing on the Site are the property of their respective owners. No right, license or interest in or to such trademarks is granted by this Agreement.
Effective Date: November 23, 2009
IMPORTANT NOTICE – PLEASE READ
The iGuard website at iGuard.org and its content (the "Site"), together with the services offered by the Site (such as the iGuard Medication Safety Check, iGuard Drug Safety Ratings and iGuard Drug Safety Alerts) (the "Services"), are owned and controlled by iGuard, Inc. The Site and the Services are not, and are not in any way intended to be, a substitute for professional medical advice. iGuard cannot and does not take into consideration every possible interaction or account for individual responses to medicine. Different individuals may respond to medication in different ways. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective, or appropriate for any given patient. Always seek the advice of a qualified health provider with any questions you may have before embarking on a course of treatment or making any changes to your treatment.
1. Eligibility Requirements and Acceptance of Terms and Conditions
To access and use the Site or any of the Services you must be aged 18 or over and be a resident of the United Kingdom. If you are under 18 or are not a resident of the United Kingdom you must not use the Site or any of the Services.
By accessing, using or registering with the Site or any of the Services, you agree to all of these terms and conditions (the "Terms and Conditions") in full. If you do not agree to all of the Terms and Conditions in full, you must not use this website.
2. Changes to Terms and Conditions
iGuard may update these Terms and Conditions at any time for commercial, operational or legal reasons. Where possible, iGuard will post notice of any changes to these Terms and Conditions on the Site at least 30 days prior to the changes coming into effect. Your continued usage of the Site and/or the Services after this time will mean you accept such changes. If you disagree with the changes to the Terms and Conditions, you may cancel your registration in iGuard at anytime by sending us an email to support@iGuard.org.
We encourage you to review the Terms and Conditions on a regular basis and to print off a copy for your records.
3. Site Content
The Site contains information on drug safety including iGuard Risk Ratings, Drug Safety Alerts, and Patient Reviews. However, you must register with the Site to receive Services customised to your medications and conditions.
4. Registration and Personal Information
To register for a Service, you must provide us with details of your e-mail address and a log-in password (the "User Details"). In order to provide personalised alerts and ratings to our members, upon registration for any Services we will ask for certain personal information from you including, but not limited to, your email address, age, sex, race/ethnicity, postal code, medications you are on, and health conditions applicable to you (your "Profile"). Notwithstanding anything in these Terms and Conditions to the contrary, iGuard does not assume any responsibility or liability for any part of your Profile.
iGuard is committed to protecting your privacy; additional information on our practices is explained in the Privacy Policy . By registering, you consent to the collection, storage, and use of this information in connection with the operation of the Site and the Services and in accordance with our Privacy Policy. Furthermore, you agree that iGuard may use your User Details and Profile to identify you and to authenticate you for personalised Services and information on the Site.
Please note that some of the information we collect as part of your Profile is considered "sensitive" under European data protection laws. Examples of sensitive personal information we may need to collect include details about your race and ethnicity, medication that you are taking and your medical conditions. For more information, please see our Privacy Policy .
5. Your Responsibilities
You are responsible for use of the Site and Services and for taking reasonable steps to ensure no unauthorised person can access or use your User Details. You must inform iGuard immediately if any of your User Details (including your password) are lost or stolen, or if any third party makes unauthorised use of your User Details, by contacting us at support@iGuard.org.
You may use the Site and Services for lawful, non-commercial purposes only. You may not use the Site in any manner that could impair our Site or Services and you may not attempt to gain unauthorised access to any information on the Site, the Services or their support networks. You may not use the Site or Services in any way that impairs their lawful enjoyment by, or the rights of, any third party.
You may download and print content from the Site solely for your own internal business purposes and/or personal use. Site content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of the Site or reproduce, link, frame or deep-link to it on any other website without our express written permission.
You are not entitled to use the content of the Site for commercial exploitation in any circumstances.
6. Changes to / Termination of Services
We may from time to time add new Services, substitute a new Service for an existing Service, or discontinue an existing Service. Information about new Services will be included on the Site, and the use of new Services will be governed by these Terms and Conditions. Where we propose to discontinue an existing Service we will endeavour to give you prior notice by posting details on the Site in advance of any change.
We may terminate and/or suspend your registration without notice if there has been a violation of policies posted on the Site or these Terms and Conditions by you or someone else using your User Details.
You may cancel your registration in iGuard at anytime by sending us an email to support@iGuard.org.
7. Third-Party Links
The Site may include links to other websites. iGuard has no control over, and does not endorse, any third-party website. You acknowledge and agree that we are not responsible or liable for the content or accuracy of any other website. It is your responsibility to read the terms and conditions and privacy policy of each third party website you may choose to visit.
8. Additional Terms
Certain Services on the Site may have additional terms or we may provide special offers including, but not limited to clinical trials, market research, disease education, or other contests. If you choose to register for any such Service or special offer, you will be presented with any additional relevant terms and conditions at that time. By using those Services, you agree to comply with such additional terms and conditions. Deidentified data collected by iGuard may be used for research purposes to improve research knowledge.
9. Use of Site/Service/Content
The Site and Services are provided for visitors and registrants to iGuard. All right, title and interest (including intellectual property rights) in and to the Site, its content ("Content") and the Services is owned by iGuard, its affiliates, its partners and/or its licensors, and is protected by copyrights, trade marks, patents, trade secret laws, and other intellectual property and proprietary rights. Site copyright © 2009 Quintiles Transnational Corp.
You may use the Site, Content, and Services for lawful, personal, non-commercial purposes only in accordance with these Terms and Conditions. You agree not to copy, sell, resell, or exploit our Site, Content, and Services for any commercial purpose.
In the event that you acquire any right, title or interest (including any intellectual property rights) in or to the Site, the Content or the Services (whether by operation of law or otherwise) you will do all things and execute all documents that we reasonably require in order to assign such right, title and interest (including intellectual property rights) to us.
10. Important Information about iGuard Medication Safety Checks, iGuard Drug Safety Alerts and iGuard Risk Ratings
iGuard Medication Safety Checks, iGuard Drug Safety Alerts and iGuard Risk Ratings and any other Services made available by iGuard are provided for informational purposes only and should not be viewed or relied upon as medical advice. The absence of a warning for a given treatment should not be construed to indicate that a treatment is safe, appropriate or effective for you.
Your Profile is a convenient way to more easily share information with your health care providers and caregivers. The accuracy, integrity and completeness of the health information in your Profile is your responsibility, and we assume no liability for it. We also are not liable for any use or misuse of information transmitted or received by a third party you have authorised to access, use or modify your Profile.
11. International Use
The Site and Services, including the information provided on the Site, are designed for and intended for users in the United Kingdom. iGuard makes no claims that the Content, Site, or Services are appropriate to be downloaded outside of the United Kingdom. If you choose to access the Site and Services from a location outside of the United Kingdom, you do so on your own initiative and at your own risk, and you are responsible for compliance with local laws.
12. Limitation of liability
NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT iGUARD'S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE, NOR FOR ANY OTHER LIABILITY THE EXCLUSION OR LIMITATION OF WHICH IS PROHIBITED BY APPLICABLE LAW.
WE PROVIDE THE SITE AND THE SERVICES "AS IS". SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS: (I) YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK; AND (II) iGUARD EXCLUDES ANY AND ALL EXPRESS AND IMPLIED CONDITIONS AND WARRANTEES ABOUT THE SITE AND THE SERVICES (INCLUDING CONDITIONS AND WARRANTIES IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE) TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL iGUARD BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INCOME OR LOSS OF OPPORTUNITY, NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR ECONOMIC LOSS ARISING FROM YOUR USE OF THE SITE AND/OR THE SERVICES. IF iGUARD IS HELD LIABLE TO YOU FOR DAMAGES ARISING FROM YOUR USE OF THE SITE AND/OR THE SERVICES, iGUARD'S AGGREGATE LIABILITY SHALL BE LIMITED TO SUCH DAMAGES AS WERE REASONABLY FORESEEABLE ARISING OUT OF YOUR USE OF THE SITE AND/OR SERVICES.
ALL iGUARD CONTENT AND SERVICES ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR IF YOU NEED MEDICAL HELP. IF YOU NEED EMERGENCY MEDICAL HELP, YOU SHOULD IMMEDIATELY CALL 999.
WE DO NOT GUARANTEE THAT THE iGUARD SITE AND SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR VIRUS- OR ERROR-FREE, NOR THAT IT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE SITE, THE SERVICES OR AN iGUARD REPRESENTATIVE SHALL CONSTITUTE A REPRESENTATION, WARRANTY OR CONDITION.
IF YOU ARE DISSATISFIED WITH THE iGUARD SITE OR SERVICE FOR ANY REASON, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU HAVE THE OPTION TO CANCEL YOUR REGISTRATION IN iGUARD AT ANYTIME BY SENDING US AN EMAIL TO support@iGuard.org.
13. Electronic Communications
When you register for Services, you consent to iGuard contacting you by e-mail and accessing your Profile to provide you with the Services you have requested.
In order to access the Site, Content, and Services, you must have a computer connected to a communications source; Java script; full implementation of cascading style sheets; and a more recent version of one of the following Internet browsers: Internet Explorer, Firefox, Opera or Safari.
14. Third Party Rights
These Terms and Conditions apply only between iGuard and you. No other person (existing now or in the future) shall be entitled to enjoy the benefit of, or enforce, any of these Terms and Conditions (whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise).
15. Entire Agreement
These Terms and Conditions and all other legal notices, supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and iGuard and supersede all previous written or oral agreements and representations.
16. Assignment
We may assign this contract at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Site regarding any change of ownership so that you have the opportunity to discontinue your use of the Site or cancel your registration if you do not wish to continue to use the Site and Services under the new ownership. You may not assign this contract to any one else.
17. Severability
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
18. Choice of Law; Dispute Resolution
These Terms and Conditions, and your use of the Site and/or the Services, and any dispute arising therefrom shall be governed by the laws of the state of England and Wales, without reference to its conflicts of law rules. Any action shall be subject to the exclusive jurisdiction of the courts of England and Wales and you irrevocably waive objection to the jurisdiction of such courts.
19. Intellectual Property Rights Infringement
We respect the intellectual property of others. If you believe the Content on this Site in anyway constitutes a infringement of copyright or any other intellectual property right, please notify us in writing:
iGuard, Inc. c/o Quintiles Ltd
Attn: Office of Privacy
Station House
Market Street
Bracknell
Berkshire
RG12 1HX
support@iGuard.org
20. Trade Marks
iGuard, the iGuard logo, iGuard Safer Medicine, Healthier You, and "safety in numbers, pass it on." are trade marks or registered trade marks of Quintiles Transnational Corp. in the United States and/or other countries. All other trade marks appearing on the Site are the property of their respective owners. No right, license or interest in or to such trade marks is granted by these Terms and Conditions.
21. About iGuard
iGuard, Inc. is a company owned and incorporated under the laws of North Carolina (Charter ID 0622400). Its registered business address is at:
4820 Emperor Boulevard
Durham, NC 27703, USA
We are happy to answer any questions or concerns you have about these Terms and Conditions, and you can contact us using any of the contact details provided below:
- Post:
-
iGuard, Inc. c/o Quintiles Ltd
Attn: Office of Privacy
Station House
Market Street
Bracknell
Berkshire
RG12 1HX
- E-mail:
- support@iGuard.org
