Terms of Use

These Terms of Use describe the rules regarding your use of the Rx Response web site, www.rxresponse.org the “site”). Please read this entire agreement carefully before using the site, and please review this agreement regularly for any changes. By indicating that you accept the terms of this agreement, or by otherwise using the site, you agree to be legally bound by this agreement. If you are or will be using the site on behalf of another person or entity, the term “you” and “your” as used in this agreement includes you and any other person or entity on behalf of whom you may use the site.

We may restrict, suspend, or revoke your registration or ability to access or use the site, with or without prior notice, if you violate any of the terms of this agreement, or if you fail to comply with applicable laws in connection with your use of or access to this site.

These Terms of Use and our Privacy Statement refer to some words that have special meanings. “PhRMA” and the “Pharmaceutical Research and Manufacturers of America” are the names we use to refer to our trade association of research-based pharmaceutical and biotechnology manufacturers. “Rx Response” is the name we use to refer to the public/private partnership described below and the activities of that partnership, including all of those conducted on the “Rx Response” website at www.rxresponse.org. The “Rx Response Coordinating Body” is comprised of representatives from PhRMA and key third parties.

What is Rx Response?

Rx Response is a public/private partnership designed to help support the continued provision of critical medicines to patients whose health is threatened in a severe public health emergency. Rx Response was created to share information and, as appropriate, to address risks to the pharmaceutical supply chain during a severe public health emergency. Rx Response is a means to support individual sectors/parties providing first-line emergency response relating to medicines only.

Rx Response does not provide a mechanism or forum for ordering or delivering prescription drugs, for seeking or providing medical advice, or for coordinating or providing pharmaceutical distribution or dispensing. Rx Response also does not make decisions for individual companies or sectors of the pharmaceutical supply chain. Rx Response is not a public call-in center.

Scope of these Terms of Use.

These Terms of Use apply to the web site located at www.rxresponse.org. PhRMA also operates other web sites. These Terms of Use do not apply to other PhRMA web sites. You should review the terms of use posted on other PhRMA web sites when you visit them.

Our Copyright Rights.

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the site, including the selection, coordination, and arrangement of such content (collectively, “Content”), are owned by PhRMA or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws, unless otherwise noted. Except as provided elsewhere in this agreement, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without prior written consent from PhRMA. Requests for permission to reproduce any Content must be made in writing to: Pharmaceutical Research and Manufacturers of America, 950 F Street, NW, Suite 300, Washington, D.C. 20004.

Our Trademark Rights.

Rx Response is a trademark of the Pharmaceutical Research and Manufacturers of America, and is protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Marks and trade names not owned by PhRMA and mentioned on this web site are the property of their respective owners. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the site confers on you any license or right under any patent or trademark of PhRMA or any third party.

Notice of Copyright Infringement.

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please contact us 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) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Prohibited Uses Generally.

Without limiting the foregoing, you agree not to:

(a) delete or revise any material or other information of any other user or PhRMA;

(b) harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(d) use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any activity being conducted on the site;

(e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the site other than the search agents available on the site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);

(f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the site;

(g) solicit site users to join outside sites or online services or organizations; or

(h) disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.

You further agree not to violate or attempt to violate the security of the site, including, without limitation:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

Violations of system or network security may result in civil or criminal liability. In accordance with this agreement, we will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

Not Medical Advice.

This site does not purport to provide medical advice. PhRMA does not practice medicine or provide medical services or advice. Health information changes quickly. Therefore, users should confirm information with a health care professional.

U.S. Audience.

This web site is controlled, operated and intended for use only in the United States of America. Rx Response does not represent that materials, therapies, or medicines discussed on this web site are appropriate or made available for use outside of the United States of America.

Registration.

To receive updates from Rx Response, you must become a registered user. When registering, you must provide your name and email address.

Privacy.

Your use of the site will be governed by our Privacy Statement. By accepting the terms of this agreement, or by otherwise using the site, you indicate that you understand and consent to the information practices described in our Privacy Statement.

No Endorsements.

This web site may refer to or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Links to Other Sites.

This web site may contain links to web sites not operated by Rx Response or PhRMA. Rx Response provides these links for your convenience only, and does not review, control, or monitor the content or materials on any other web sites. Rx Response is not responsible for the performance of those sites or for your business dealings with them. Your use of other web sites is subject to the terms of use of those sites, including the privacy policies of those sites.

Your Feedback, Comments, and Ideas.

While Rx Response is pleased to receive feedback, comments, and ideas from users of this web site, we want you to understand that any information that you submit through this web site will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in the Rx Response Privacy Statement). If you transmit any ideas, information, concepts, know-how, techniques, or materials to Rx Response through this web site, you hereby grant Rx Response and PhRMA an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute them in any medium, and agree that Rx Response and PhRMA are free to use them for any purpose.

No Warranties.

ALL CONTENT ON THIS WEB SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. PHRMA, Rx RESPONSE, THE COORDINATING BODY, AND EACH OF THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE “PhRMA PARTIES”) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE PhRMA PARTIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR DATA AVAILABLE THROUGH THIS WEB SITE, OR THAT THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS WEB SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.

Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.

Limitation of Liability.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS AGREEMENT OR FOR ANY OTHER CAUSE OF ACTION ARISING UNDER THIS AGREEMENT IS YOUR RIGHT TO TERMINATE THIS AGREEMENT IMMEDIATELY UPON NOTICE TO PhRMA IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. YOU AGREE THAT IN NO WAY SHALL THE PhRMA PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY DAMAGE RESULTING FROM ANY MATERIAL POSTED ON THIS SITE, INCLUDING ANY INFORMATION OR OPINIONS POSTED ON THE DISCUSSION BOARDS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS PhRMA, Rx RESPONSE, THE COORDINATING BODY AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS MENTIONED ON THIS SITE. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION EVEN IF ANY OF THE PhRMA PARTIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PhRMA PARTIES AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT.

Governing Law.

These Terms of Use and all matters relating to your access to, or use of this web site shall be governed by the laws of the District of Columbia. You agree that any legal action or proceeding between you and PhRMA, Rx Response, and/or the Coordinating Body and/or the officers, directors, employees, agents and suppliers, if any, of these organizations or their members for any purpose concerning these Terms of Use or in any way related to this web site shall be brought exclusively in a court of competent jurisdiction sitting in the District of Columbia. Any such legal action must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver.

Rx Response reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. Our failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of our rights.

Termination.

This agreement may be terminated by Rx Response for any reason at any time. Otherwise applicable sections of the agreement shall survive termination.

Severability.

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.

Other Rules About this Web Site.

These Terms of Use and the Privacy Statement are the complete agreement between you and PhRMA, Rx Response, and the Coordinating Body with respect to your use of this web site. These Terms of Use and the Privacy Statement are also the complete agreement between you and Adfero, who are hosting this web site on behalf of PhRMA, Rx Response, and the Coordinating Body, with respect to your use of this web site. You agree that no joint venture, partnership, employment, or agency relationship exists between you and any of the PhRMA parties as a result of the agreement or your access to and use of the site. A printed version of the agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Rx Response and PhRMA shall have the right to assign, transfer and sublicense this agreement, and their rights and obligations hereunder, to one or more other persons or entities.

Questions.

Please contact PhRMA at 950 F Street, NW, Suite 300, Washington, DC 20004 if you have any questions or comments about this agreement.