Drug Trend Report Terms of Use
Version 2.0. Last Revised: 02/28/2013
These Terms of Use apply to all visitors of the Drug Trend Report website located at http://www.DrugTrendReport.com (the “Site”). The Site may be accessed via the World Wide Web or through a hyperlink embedded in an email. These Terms of Use are between a user of any portion of the Site (“you” or “your”) and Express Scripts Holding Company (“ESRX”, “we”, “us” or “our”).
1. Assent
Access to the Site is conditioned upon your assent to these Terms of Use. You are deemed to have assented to these Terms of Use when you use any publicly available page of the Site. You are deemed to have assented to these Terms of Use when you register for Site alerts through the Site. You are deemed to have accepted these Terms of Use each time you access the Site. These Terms of Use and the Privacy Promise are available on various pages of the Site.
2. Updates
From time to time, we may, in our sole discretion, modify these Terms of Use, indicated by a new version number and revision date. It is important that you check these Terms of Use every time you visit the Site. Your use of the Site, and your continued use of the Site after these Terms of Use have been updated, indicates your agreement and acceptance of these Terms of Use and the Privacy Promise, including the modifications made as of the date of your use.
3. User Obligations
You are required to comply with all applicable laws in connection with your use of the Site. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You agree that when you provide information in connection with any and all uses of the Site, you will only provide information that is true and accurate and, when applicable, identifies only you or a person on whose behalf you are authorized to act. You agree that the information you provide is not false, misleading or otherwise an impersonation of any person or entity.
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
Our Site may contain hyperlinks allowing our users to connect to websites owned by our third party vendors, distributors, and providers (“Linked Sites”). You may also access our Site through a hyperlink embedded in a Linked Site. We provide hyperlinks to the Linked Sites as part of the Services to enable you to conveniently access websites that may be of interest to you. The inclusion of such Linked Sites on our Site is not an endorsement, sponsorship or recommendation of those Linked Sites. We may not have any ownership interest in, nor do we have any control over, the content posted on these Linked Sites or the services and products that may be offered on these Linked Sites. We are not responsible for the availability or reliability of the contents of the Linked Sites, including, without limitation, hyperlinks contained on the Linked Sites, or any changes or updates to terms or conditions applicable to the Linked Sites. Please note that when you click on a hyperlink that transfers you from our Site to a third party’s Linked Site, you will have left our Site, and these Terms of Use will immediately cease to apply. We are under no obligation to notify you when you have left our Site and accessed a Linked Site. Use of any Linked Site will be governed by the terms and conditions (if any) on the Linked Site. We are not responsible for the privacy policies applicable to any Linked Site. You may, at your option, participate in surveys or provide other information to our affiliates that control a Linked Site, and that information may be shared with us or with others subject to the privacy policy terms set forth on that Linked Site.
8. Use Restrictions
You agree that you will not: (a) use this Site for any purpose that is unlawful, illegal or a violation of applicable Federal, State or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software or routine that interferes with a user’s access to this Site or the proper operation of this Site; (c) delete or revise any Site Content or information of any other user; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; or (e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
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.
11. Privacy Policy
You agree to the Drug Trend Report Privacy Promise, which is incorporated by reference in these Terms of Use.
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
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR THE CONDUCT OF ANY SITE USER. IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
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
e-mail: uspto@express-scripts.com
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
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules. We each expressly agree to submit to the exclusive jurisdiction and venue of the courts in Missouri in all disputes arising out of or relating to the use of the Site.
16. No Waiver
Our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms of Use or to act with respect to similar breaches.
17. Severability and Integration
Unless otherwise specified herein, these Terms of Use and the Privacy Promise incorporated herein constitute the entire agreement between you and us with respect to your use of the Site, subject to the separate terms and conditions of other sites or services to which we provide hyperlinks from this Site. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.