Version 2.0. Last Revised: 11/19/2013
1. Registration and Assent
3. User Obligations
4. Site Content and Intellectual Property Rights
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively "Site Content"). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors. The Site Content is protected by United States and international copyright, trademark, and other laws. You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent. We may in our sole discretion make changes to the Site Content at any time without notice.
5. User Contributions
We appreciate your contributions to our message boards; we hope that you find the materials available to be of interest and value to you. To enable us to continue these and similar such services, you agree that any materials that you submit to the message boards are your original work and will not violate the rights of any third party. In addition, you provide us with a non-exclusive, royalty-free, worldwide, perpetual license to commercially use, display, reproduce, republish, transmit, adapt, distribute, create derivative works, or incorporate the materials into any form, medium, or technology now known or later developed.
6. Acceptable Message Board Behavior
Our message boards may allow you to communicate, chat, or post messages that are made available to other Registered Users and administrators of the Community Website. When using the message boards, you agree that you will not post, send, transmit, or otherwise publish any materials in any forum that: (a) interfere with the privacy of others; (b) are offensive, threatening, abusive, or illegal; (c) constitute advertisements or chain letters; (d) violate any person's proprietary rights; (e) misrepresent the origin of the communication or description of facts; (f) solicit requests for charity or signatures for petitions; (g) contain latent or active viruses, worms, Trojan Horses, or any other contaminating or destructive features; (h) threaten the personal safety of others; or (i) seek to collect personal information about others without their consent. You agree not to allow any other person or entity to use your login credentials to post or view materials.
7. Our Operation of the Message Boards
We are not responsible for the materials included on the message boards including information received or exchanged among Registered Users, nor do we endorse any information provided by the message boards. For the interests of all Registered Users, we reserve our right to monitor, record, investigate, edit, delete, or take any action we deem necessary with respect to the postings and any other communications that occur through the message boards. In addition, we may take all necessary actions to prohibit you from illegally or improperly using the message boards, including, but not limited to, revoking your access privileges, seeking legal redress, or referring your activities to law enforcement or other governmental agencies. We assume no liability or responsibility to users of the message boards or any other entity with respect to your actions or the actions of third parties relating to the message boards, or any remedial act by us to prevent, correct, or deter illegal or improper actions, or any failure to act with respect to the same.
8. No Professional Advice
9. Linking Policy
10. Use Restrictions
12. Information Disclaimer
This Site may contain information related to pharmaceutical products, medical conditions and their treatment, and other health care topics. Any such information is provided for informational purposes only and is not and should not be interpreted as medical advice and/or as a substitute for consultation with a physician or other qualified health care professional. If you have questions about whether any medical products and/or treatments are appropriate for you, please consult your physician or other qualified health care professional.
13. Disclaimer of Warranties
THE SITE AND THE SITE CONTENT THEREON ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE SITE CONTENT, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OF RESULTS OR RELIABILITY OF THE SITE OR SITE CONTENT. WE DO NOT MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THE SITE, YOU ACKNOWLEDGE THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA, AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY VIRAL INFECTION OR OTHER COMPUTER MALFUNCTION CAUSED AT ALL OR IN PART BY YOUR USE OF THE SITE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY COMPUTER OR NETWORK SERVICING, REPAIR OR CORRECTION. THE PERFORMANCE OF THE SITE VARIES WITH THE MANUFACTURER'S EQUIPMENT WITH WHICH IT IS USED.
14. Limitation of Liability
15. Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Site that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Contact Information for Our Copyright Agent:
Legal Department, Intellectual Property
Express Scripts Holding Company
One Express Way, Hq1-2e03, St. Louis, MO 63121
We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.
16. Choice of Law and Forum
17. No Waiver
18. Severability and Integration