Version 2.0. Last Revised: 02/28/2013
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”). The Site Content includes all Drug Trend Reports available on the Site. 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 use, provided you keep intact all copyright and other proprietary notices. Except as specifically described herein or as otherwise 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. Authorized Usage and Request for Reproduction
We expressly authorized you to describe or include a limited amount of information from our Drug Trend Report in an article, a report, or an internal company presentation (“Written Materials”). The use of our information in the Written Materials is authorized so long as:
• The purpose of including ESRX information in the Written Materials is limited to directly or indirectly discussing drug trend or ESRX within the contextual subject matter of drug trend, the Drug Trend Report and/or ESRX information.
• The content included in or purpose of the Written Materials cannot be to supplant or supersede a corresponding portion of ESRX information taken from the Drug Trend Report.
• No more than one full paragraph in its entirety may be copied from the Drug Trend Report in the Written Materials.
• Subject to the other limitations described herein, you may freely quote from the Drug Trend Report
• No graphical elements from the Drug Trend Report including graphs, graphics, and company logos may be used in the Written Materials without permission from ESRX
• You indicate in the Written Materials that the source of ESRX information is the Drug Trend Report prepared by Express Scripts.
While other uses may be permissible, they require our permission. Requests for permission to reproduce any information contained on the Site (including from the Drug Trend Report) should be addressed to Public Relations, Express Scripts Holding Company, One Express Way, St. Louis, MO 63102. Further contact information for making such requests is available online at http://www.Express-Scripts.com/pressroom/mediaresources/mediarequests/.
Any other reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Site including Site Content is strictly prohibited. Modifications of the Site Content are a violation of ESRX copyright and other proprietary rights.
6. No Professional Advice
The information provided on or about the Site, regardless of the communication mechanism, is for informational purposes or general guidance only, and does not constitute medical, legal, or other professional advice. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the Site Content. The Site is not a substitute for medical advice and it is important that you not make medical decisions without first consulting your personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Promise.
7. Linking Policy
8. Use Restrictions
9. Forward-Looking Statements
This Site may contain “forward-looking statements,” as that term is defined in the Private Securities Litigation Reform Act of 1995, which involve risks and uncertainties. No forward-looking statement can be guaranteed, and actual results may differ materially from those projected. We undertake no obligation to publicly update any forward-looking statement, whether as a result of new information, future events, or otherwise. Forward-looking statements on this Site should be evaluated together with the disclosure regarding ESRX (along with those previously filed by our subsidiaries) in our registration statements and periodic reports filed with the Securities and Exchange Commission, including the risks and uncertainties facing our business described therein.
10. Off-Label Use
Certain uses of products discussed herein may not have been approved by the Food and Drug Administration.
12. 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.
13. Limitation of Liability
14. 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:
a. identification of the copyrighted work claimed to have been infringed;
b. identification of the allegedly infringing material on the Site that is requested to be removed;
c. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
d. 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;
e. 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
f. 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.
15. Choice of Law and Forum
16. No Waiver
17. Severability and Integration