Terms of Use

Agreement for Use of This Service

Binding Agreement

Please read this Agreement carefully before accessing or using the Service (as defined below). By accessing this Web site or using the Service, you agree to be bound by all of the terms and conditions of this Agreement. You should not access or use this Web site unless you have clicked your acceptance to this Agreement. This Agreement is intended to be fully effective and binding on you and on us.

All of the web pages related to the domain FingertipFormulary.com and any other domain operated by or for Fingertip Formulary, LLC constitute an online information and internet site (the Service) provided by Fingertip Formulary, LLC. Use of the Service is governed by the terms and conditions of this Agreement. Throughout this Agreement, Fingertip Formulary, LLC may be referred to as "Fingertip Formulary," "FingertipFormulary.com," "we," or "us."

Modifications

Please note that Fingertip Formulary, LLC may change the terms of this Agreement at any time without notice and such changes will be effective on the date that such modified terms are posted on the Fingertip Formulary LLC Web site at http://www.FingertipFormulary.com. Access to or use of this Web site after such changes have taken effect constitutes acceptance of all changes.

Please also note that at any time, without notice, Fingertip Formulary LLC reserves the right to terminate your access to this site.

Copyright and Trademarks

© 2004-2008 by Fingertip Formulary, LLC. ALL RIGHTS RESERVED. Text, graphics and HTML code are protected by U.S. and international copyright laws. The mark Fingertip Formulary^® is a mark of Fingertip Formulary, LLC.

Nothing contained in this Web site or this Agreement grants any right to use any of the marks without our prior written permission or that of the respective owner.

All materials on the Service are copyrighted by us and/or by other applicable rights holders, unless otherwise noted. You may download and reprint a single copy of the materials from the Service for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s). Without limiting the foregoing, the copying, redistribution, reposting, publication, adaptation or alteration of any part of this Web site in connection with any enterprise or plan for same is prohibited without prior written permission from us. The use of any of the materials presented on this Web site and through the Service on any other Web site or networked computer environment or for any other purpose is strictly prohibited and such unauthorized use may violate copyright, trademark, and other similar laws

Terms of Use

FingertipFormulary.com offers the Service for general informational and educational purposes only. Formulary information changes and therefore the formulary information we present may be outdated. You are encouraged to contact your prescription drug benefit provider for the most current formulary information. Nothing related to the Service is intended as medical advice nor should it be used for diagnosis or treatment apart from consultation with a qualified healthcare professional. The Service is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. If you have questions or concerns about your health, please contact your healthcare professional. Never disregard professional medical advice or delay in seeking it because of something you have read on our Web site. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Web site. Reliance on any information provided by or through the Service appearing on the Web site or other visitors to the Web site is solely at your own risk.

No Warranties

THE SERVICE AND ANY INFORMATION PROVIDED ON THE SERVICE ARE NOT INTENDED TO CONSTITUTE THE PRACTICE OF OR FURNISHING OF MEDICAL, NURSING, OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION OR TREATMENT OR SERVICES IN ANY JURISDICTION. You should not assume that the Materials on this Web site are continuously updated or otherwise contain current information. THE SITE IS DISTRIBUTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WHILE FINGERTIP FORMULARY HAS ENDEAVORED TO MAKE SURE THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, WE CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF SUCH INFORMATION, AND IT IS PROVIDED WITHOUT WARRANTY OR GUARANTEE OF ANY KIND.

Limitation of Availability

We do not represent or warrant that this, or any site to which ours is linked, will be accessible or available on a timely basis, or that access to same will be uninterrupted or error free.

Limitation on Liability; Limited Remedies

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES ( OR OUR AFFILIATES' OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTRACTORS OR LICENSORS) BE LIABLE TO YOU, ANY THIRD PARTY WITH RESPECT TO WHO YOU USE THE INFORMATION OR PROVIDE THE INFORMATION OR ANY OTHER USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. IN THE EVENT THAT NOTWITHSTANDING THIS SECTION, FINGERTIP FORMULARY OR ANY OF ITS AFFILIATES (OR THEIR OFFICERS, DIRECTORS, MEMEBERS, MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, SUBCONTARACTORS OR LICENSORS) HAS ANY LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES OR THE CONTENT OR INFORMATION PROVIDED BY THE SERVICES, THE AGGREGATE LIABILITY FOR DAMAGES SHALL NOT BE IN EXCESS OF THE AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTH PERIOD PRIOR TO THE EXTENT GIVING RISE TO SUCH DAMAGES.

Off-Label use

References may be made to "off-label" or non-FDA approved uses of certain products on this site.

Links

Fingertip Formulary LLC is not affiliated or associated with sponsors of sites which hyperlink to or from any Fingertip Formulary or other sites. The linked sites are not under the control of Fingertip Formulary and Fingertip Formulary is not responsible for the content of any linked site or any link contained in a linked site. Fingertip Formulary reserves the right to terminate any link or linking program at any time. Fingertip Formulary may provide links from this Web site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content, or products to which it links. If you decide to access any of the third-party sites linked to this Web site, you do this entirely at your own risk.

Indemnity

You agree to indemnify Fingertip Formulary and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Service, or any breach or violation of this Agreement or any other term or condition contained on the Service

General

Fingertip Formulary makes no claims that the Service is appropriate or may be downloaded outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Governing Law; Jurisdiction

This Agreement and all claims arising out of or relating to the Services or the content or information provided by the Services, including tort claims, are governed by the laws of the State of New Jersey, without respect to its conflict of laws or choice of laws principles.

You expressly and irrevocably agree that exclusive jurisdiction for any dispute with Fingertip Formulary, or in any way relating to your use of the Service, resides in the courts of the State of New Jersey, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving Fingertip Formulary, or Fingertip Formulary's parent corporation, affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

You agree that any legal proceeding against Fingertip Formulary shall only be maintained in the State Courts of the State of New Jersey, sitting in Passaic County or the Federal Courts, for the District of New Jersey, sitting in Essex County. Both parties hereby expressly waive any right to a jury trial in any such proceeding.

Severability; Waiver

If any provision of these Terms and Conditions is found to be invalid by any court having jurisdiction, then the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Violations

If you violate any terms of this Agreement, your permission to use the Service and the Web site automatically terminates and you must immediately destroy any copies you have made of any portion of the materials contained herein.

Privacy

Any personal information you submit to us is governed by our Privacy Policy. To the extent there is an inconsistency between this Agreement and our Privacy Policy, this Agreement shall govern.

Survival

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Binding Agreement, Copyright and Trademarks, No Warranty, Limitation on Liability, Limited Remedies, Indemnity, Governing Law, Jurisdiction, Privacy, and Complete Agreement.

Complete Agreement

Except as expressly provided in a particular legal notice on the Service, this Agreement and the Privacy Policy constitute the entire agreement between you and Fingertip Formulary with respect to use of the Service. Please also read our Privacy Policy.

Contact Information

If you have any questions about these terms of use or the practices of this site, please contact our Webmaster at Feedback@FingertipFormulary.com.

Last Updated: 03/21/2007