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Terms & Conditions

General Notes

Welcome to MyDr‌ugRep‌.‌c‌om, a brand of Data Centrum Communications, Inc. d/b/a Health Monitor Network (“us,” “our,” “ours,” or “MyDrugRep”)! You are a user (“you,” “your,” “yours,” or “user”) granted access to the electronic systems and internet sites of MyDrugRep, including https://www.mydrugrep.com/Index.html and others, and through which we offer and provide the services (the “Platform”). These are the TERMS & CONDITIONS which you must agree to for access to this Platform. If you are unwilling to abide by these TERMS & CONDITIONS, please immediately discontinue your use of the Platform and contact us via the Contact link included in the Contact section below, so that we may remove you from our email-lists.

Eligibility

You represent and warrant that you are a licensed healthcare professional or are otherwise professionally eligible to access and use the content on this Platform for its intended informational purpose. MyDrugRep reserves the right to suspend or terminate your registration and access to the Platform if it determines, in its sole discretion, that this representation is inaccurate.

Communications

MyDrugRep may send you electronic communications, including email newsletters, eDetails, eProgram invitations, and other promotional or informational messages, in connection with your use of the Platform. You may opt out of receiving such communications at any time by following the unsubscribe instructions included in each communication or by contacting us via the Contact link included in the Contact section below. MyDrugRep will process opt-out requests in accordance with the CAN-SPAM Act and other applicable law.

Disclaimer

No Warranties

ALL CONTENT ON THIS PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYDRUGREP MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION AND APPLYING YOUR OWN PROFESSIONAL MEDICAL JUDGMENT BEFORE RELYING ON IT. USE OF THIS PLATFORM AND THE CONTENT AVAILABLE ON IT ARE AT YOUR SOLE RISK.

MYDRUGREP MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR WITHOUT ERRORS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE PLATFORM IS FREE OF SOFTWARE VIRUSES.

Limitation of Liability

MYDRUGREP SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF MYDRUGREP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THIS PLATFORM, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE PLATFORM OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE PLATFORM, OR RELATED INFORMATION OR PROGRAMS.

Proprietary Rights

  1. Ownership. All content, design elements, software, and materials available on this Platform, including but not limited to text, graphics, logos, and compilations thereof (collectively, “Content”), are owned or controlled by MyDrugRep or its licensors and are protected by copyright, trademark, service mark, patent, trade secret, and other proprietary rights and laws. Except as expressly set forth in these Terms & Conditions, no license or right in the Content is granted to you, whether by implication, estoppel, or otherwise.
  2. Restrictions on Use. Except as expressly authorized by MyDrugRep, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Content. Systematic retrieval of data or other Content from this site to create or compile, directly or indirectly, a collection, compilation, database, or directory without MyDrugRep's prior written permission is prohibited. Reproduction, copying, or redistribution of any Content or design elements for commercial purposes is strictly prohibited absent MyDrugRep's express written permission.
  3. Third-Party Content and Notice of Infringement. MyDrugRep respects the intellectual property rights of others. If you believe any Content on this Platform infringes your copyright or other intellectual property rights, please provide written notice via the Contact link included in the Contact section below, including: (i) identification of the work claimed to be infringed; (ii) identification of the allegedly infringing material and its location on the site; (iii) your contact information; and (iv) a statement of your good-faith belief that the use is unauthorized. MyDrugRep reserves the right to remove or disable access to any Content alleged to be infringing and to terminate the access of repeat infringers.
  4. Relation to Indemnification. Any breach of this Proprietary Rights section is subject to the indemnification obligations set forth in the Indemnification section below.
  5. Survival. The obligations set forth in this Proprietary Rights section survive termination of your access to the Platform.

Platform Links

The Platform may contain links to websites operated by other parties. The linked sites are not under the control of MYDRUGREP, and MYDRUGREP is not responsible for the content available on any other Internet sites linked to our Platform. Such links do not imply MYDRUGREP’s endorsement of material on any other site, and MYDRUGREP disclaims all liability with regard to your access to such linked websites. MYDRUGREP provides links to other Internet sites as a convenience to users. Access to any other Internet sites linked to this Platform is at your own risk.

Unless otherwise set forth in a written agreement between you and MYDRUGREP, you must adhere to MYDRUGREP’s linking policy as follows: (i) any link to MyDrugRep.com’s Platform must be a text only link clearly marked “MyDrugRep.com” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with MYDRUGREP’s names and service marks, (iii) the link must “point” to the URL www.MyDrugRep.com and not to other pages within the MyDrugRep.com Platform, (iv) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with MYDRUGREP, (v) when selected by a user, the link must display MyDrugRep.com on full-screen and not within a “frame” on the linking website, and (vi) MYDRUGREP reserves the right to revoke its consent to the link at any time and in its sole discretion.

Location

The MyDrugRep.com Platform is operated by MYDRUGREP from its offices in the State of New Jersey, USA. MYDRUGREP makes no representation that the information in the Platform is appropriate or available for use in other locations. Access to the MyDrugRep.com Platform from territories where the content of the MyDrugRep.com Platform may be illegal is prohibited. Those who choose to access the MyDrugRep.com Platform from other locations do so upon their own initiative and are responsible for compliance with applicable local laws. These terms and any claims relating to the information available on this Platform shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules.

Subject to the Dispute Resolution section below, you and MyDrugRep agree that any action not subject to arbitration shall be brought exclusively in the state or federal courts located in New Jersey, and you consent to the personal jurisdiction of such courts.

No Medical or Professional Services or Advice

The content on the MyDrugRep.com Platform is intended to be an information resource in regard to the subject matter covered, but is provided solely on an “AS IS” and “AS AVAILABLE” basis as noted on this page. MYDRUGREP advises you to confirm the information provided on the Platform with other sources, and to review the information carefully using your professional medical judgment. MYDRUGREP is not engaged in rendering medical or similar professional services or advice. The information provided on the Platform is not intended to replace medical advice offered by a physician. If you are not yourself a physician, and desire or need such services or advice, you should consult a physician. You should not construe MYDRUGREP’s publication of this content as an endorsement by MYDRUGREP of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of the content.

Modifications

MYDRUGREP reserves the right to modify this Platform and the rules and regulations governing its use, at any time. Modifications will be posted on the Platform, and users are deemed to be apprised of and bound by any changes to the Platform, including these TERMS & CONDITIONS. MYDRUGREP may make changes in the products and/or services described in this Platform at any time. We encourage you to visit this page regularly for any changes.

Violations

MYDRUGREP reserves the right to seek all remedies available at law and in equity for violations of the TERMS & CONDITIONS set forth in this Platform, including, but without limitation, the right to block access from a particular Internet address to the Platform.

Security

You are responsible for maintaining the confidentiality of any registration number and password you obtain, as applicable, and you are responsible for all uses of such registration number or password, and any and all related charges, whether or not authorized by you.

Indemnification

You agree to defend, indemnify, and hold harmless MyDrugRep, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your access to or use of the Platform; (ii) your violation of these TERMS & CONDITIONS; (iii) your violation of any applicable law or regulation; or (iv) your infringement or misappropriation of any intellectual property or other right of any third party. MyDrugRep reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with MyDrugRep’s defense of such claim.

Termination

MyDrugRep may suspend or terminate your registration and access to this Platform at any time, with or without cause or notice, including for any actual or suspected violation of these TERMS & CONDITIONS. Upon termination, your right to access the Platform will immediately cease. Any provision of these TERMS & CONDITIONS that by its nature should survive termination, including but not limited to the Intellectual Property, Indemnification, Limitation of Liability, and Dispute Resolution sections, shall survive.

Dispute Resolution; Class Action Waiver

Claims Against Us

Step 1: User Dispute Process

If you have a dispute with or claim against us, you must give us an opportunity to resolve your claim informally by sending a written description of your claim via the Contact link included in the Contact section below. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any court proceeding unless you and we are unable to resolve the claim within 60 days after we receive our claim description and you have made a good faith effort to resolve your claim directly with us during that time.

Step 2: Court Proceedings; JURY TRIAL WAIVER

Court proceedings must be brought in the state or federal courts located in New Jersey, but not outside of the United States.

YOU AND MYDRUGREP EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION. Any dispute relating to the interpretation, applicability, or enforceability of this waiver shall be resolved exclusively by a court of competent jurisdiction as set forth in this section, and if any part of this waiver is found unenforceable, it shall be severed, with the remainder of this provision remaining in full force and effect.

Injunctive Relief

You and we acknowledge and agree that a breach by you of your responsibilities under these TERMS & CONDITIONS could cause us irreparable harm for which monetary damages would not be an adequate remedy. You and we agree that, in the event of such breach or threatened breach, that we will be entitled to equitable relief, including, without limitation, a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

Accessibility

MyDrugRep is committed to providing a Platform that is accessible to all users. If you experience difficulty accessing any content or feature on this Platform, please contact us via the Contact link included in the Contact section below so that we may assist you.

General Provisions

These TERMS & CONDITIONS, together with the Privacy Policy, constitute the entire agreement between you and MyDrugRep regarding your use of the Platform and supersede all prior or contemporaneous agreements or understandings, whether written or oral, regarding such subject matter. If any provision of these TERMS & CONDITIONS is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. MyDrugRep’s failure to enforce any provision of these TERMS & CONDITIONS shall not be deemed a waiver of such provision or of any other provision. You may not assign or transfer these TERMS & CONDITIONS, or any of your rights or obligations hereunder, without MyDrugRep’s prior written consent; MyDrugRep may assign these TERMS & CONDITIONS without restriction.

Contact

Link: Contact

Phone: (800) 422-4112

Postal Address:

Health Monitor Network
11 Philips Parkway
Montvale, NJ 07046