Last Updated March 29, 2014.
3.1 MEDWARN reserves the right to withdraw, amend, or modify the Site at our sole discretion without notice, and any material or service we make available on the Site. MEDWARN is not liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. Periodically we may restrict access to some parts of the Site, or the entire Site, to Users.
4. Intellectual Property.
4.1 You may not use “MEDWARN” and all related names, logos, and designs without our prior written permission. MEDWARN and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio; and the design, selection and arrangement thereof), are owned by MEDWARN, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5. Use of Social Media Features and User Contributions.
5.1.2 You understand and acknowledge that you, not MEDWARN, are solely responsible for any User Contributions you submit or contribute, and You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
5.2 Users are encouraged to link to the MEDWARN site provided it is done in compliance with applicable law or regulations and it does not damage, harm, or question MEDWARN’s reputation. Links must not establish or suggest any approval, endorsement, or association by or to MEDWARN. This Site may use social media features that enable you to link to MEDWARN, send email or communications with MEDWARN content or links to MEDWARN content, or display MEDWARN content on Your own or third-party websites, provided that when doing so Your use does not disassociate the MEDWARN content from the Site and otherwise complies with applicable terms and conditions.
5.3 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. When posting any User Contribution on the Site, You grant MEDWARN, its affiliates, and/or service providers; and each of their and our respective licensees, successors, and assigns, a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
5.4 Age Requirement. MEDWARN is not intended for minor children under 18 years of age. If You are under 18: do not use or provide any information on the Site or on or through any of its features; do not register on the Site, do not use any of the interactive or public comment features on the Site, and do not provide any information about yourself to us. If You believe we have collected information from a minor child under 18, please contact us at firstname.lastname@example.org. You may visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act (COPPA).
5.5 User Contribution Removal.
5.5.1 If You request removal of a User Contribution, we require that You authenticate your identity and identify the particular User Contribution to be removed by providing: (1) the URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly and promptly notify us and provide the aforementioned information, MEDWARN is not required to remove your User Contribution and removal will be at our sole discretion.
5.5.2 Removal of User Contributions from the Site does not ensure complete or comprehensive removal of your User Contributions from the Site or the Internet. MEDWARN, at our sole discretion, may retain your User Contributions on our servers in some form. MEDWARN may, at our sole discretion, decide to make your User Contribution anonymous so that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Site.
5.5.3 MEDWARN is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. To the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Site.
6. User Contribution Content Standards.
6.2 Prohibited Acts.
6.2.1 Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those who aid, abet, or otherwise assist the user. As a condition of Your use of the site, You acknowledge and agree that, if a third party claims that any User Contribution You have contributed to the Site is unlawful, You will bear the full burden of establishing that the User Contribution complies with all applicable laws and MEDWARN policies.
6.2.3 User Contributions are prohibited if they involve, suggest, or express: 1) harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others; 2) obscene, vulgar, bigoted, politically motivated, heightist, sexist, hateful, or religiously or racially offensive language or images; 3) the impersonation of any person or entity, or any false statement or misrepresention of Your affiliation with a person or entity; 4) illegal acts, including violations of applicable local, state, national, or international law; 5) gambling, contests, chain letters, pyramid schemes, or other marketing schemes; 6) infringement of intellectual property, including trade secrets, trademarks, and copyrights; and 7) commercial advertising.
6.4 Reliance on Information Posted.
6.4.1 The content of the Site is offered for general information and discussion purposes only. Some of the content is unmoderated and reflects the personal opinions or views of individual Users. Neither the content of MEDWARN, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by MEDWARN or any affiliated person or entity.
6.4.2 MEDWARN endeavors to present up-to-date information to consumers relating to prescription medicines, blood products, biologics, and medical devices. While this information may help patients decide which questions to ask their doctor, it should not be substituted for the professional medical advice of a licensed doctor or healthcare professional. Any person seeking specific recall or adverse event information for any drug, blood product, biologic or medical device should refer to the FDA or the website of the drug or medical device manufacturer.
6.4.3 We do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any such materials by You or any other visitor to or User of the Site, or by anyone who may be informed of any of its contents through any communication means.
6.4.4 This Site may include content provided by third parties, including materials provided by other Users, news outlets, bloggers, and third-party licensors, syndicators, aggregators, advertisements, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the original content provided by MEDWARN, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of MEDWARN, its owners, or employees. MEDWARN is not responsible or liable to You or any third party for the content or accuracy of any materials posted on the site, or any materials posted or provided by third parties.
7.2 Disclosure. MEDWARN has the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. We have the right to fully cooperate with law enforcement authorities or court orders or subpoenas requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Site. Your agree to waive and hold harmless MEDWARN, its staff, owners, assigns, and successors; and its affiliates, licensees, and service providers from any and all claims resulting from any action taken by any one of the foregoing parties during, or as a result of, its investigations; and from any action taken as a consequence of investigations by such parties or law enforcement authorities.
8. Disclaimer and Limitation of Liability.
8.1 In no event will MEDWARN, its affiliates, or its/their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with Your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
8.1.2 When using MEDWARN You consent that You, Your successors and assignees will not hold MEDWARN, its owner(s), investor(s), or employee(s) liable for any loss or damages including, but not limited to: claims for defamation, errors, loss of data, loss of money, or interruption in availability of data arising out of the use or inability to use MEDWARN or any links found therein; to Your placement of content on MEDWARN; or to Your reliance upon information obtained from or through MEDWARN or to links found on the site.
8.2 MEDWARN does not warrant that the Site will operate in an uninterrupted or error-free manner, without interruption, or that the Site is free of malware, viruses, malicious code, or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.
8.3 The Site and any information, products, or services therein are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied. MEDWARN hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Copyright Policy.
10.1 Pursuant to Title 17 U.S.C. § 512, as amended, MEDWARN has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the applicable legal authorities. If You believe your copyrights are being infringed, please fill out the Notice of Infringement form below and mail it to Us.
10.2 The Notice of Infringement contains requested information that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, Title 17 U.S.C. § 512(c)(3)(A), providing that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes the following:
If someone in your family has experienced adverse events or side effects from the use of a prescription drug, vaccine, blood product or medical device find help here.