Sign In

PrescriberPoint AI Terms of Use Rider

Effective: September 18, 2024


This AI Terms of Use Rider (“AI Terms”) applies to your use of artificial intelligence services and resources provided by PrescriberPoint Corp., and its affiliates (referred to collectively as “PrescriberPoint” “us,” “we” and “our”) that are intended for use by U.S. healthcare professionals, on the platform website which we refer to as the “PP Network,” including the targeted information and services that meet the search requests and interests of users of the PP Network such as medical news, reference content, clinical tools, applications, sponsored programs, advertising, email communications, continuing medical education, market research opportunities and discussion forums (collectively, the “AI Service”).

 

Note that these AI Terms only apply to your use of such AI Service provided by PrescriberPoint which displays or links to or otherwise refers to these AI Terms. By using the AI Service, you agree to these AI Terms as well as the overall Terms and Conditions for PrescriberPoint Services. These AI Terms govern your use of the AI Service and create a binding legal agreement that we may enforce against you in the event of a violation.

 

If you do not agree to all of these AI Terms and Prescriber Point’s overall Terms and Conditions, do not use the AI Service.

 

NO MEDICAL ADVICE

The information and tools that we make available through the AI Service are provided for educational and informational purposes only. None of the information and materials made available through querying the AI Service (the “Content”) is generated by the AI Service or PrescriberPoint: the AI Service provides results via a natural language processing function, which returns applicable search results in the form of limited verbatim text selections or synopsis results from potentially relevant, peer-reviewed or otherwise credible third party sources as matched to a user’s search inputs.

While we hope you find the AI Service useful to you as a healthcare professional, it is in no way intended to serve as a diagnostic service, to provide certainty with respect to a diagnosis, to recommend a particular product or therapy or to otherwise substitute for the clinical judgment of a qualified healthcare professional. From time to time, due to its review and provision of links to third party content, the AI Service may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted or provided information. The AI Service is not intended to be used for medical diagnosis, treatment, or as a substitute for professional medical advice. You will not use the AI Service to: a) Diagnose or treat any medical condition b) Provide clinical decision support c) Replace qualified healthcare professional consultation. You are solely responsible for evaluating the information obtained from the AI Service and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.

PrescriberPoint is not a health care provider, and the AI Service’s provision of Content is not intended to provide medical advice, diagnosis or treatment or substitute for an individual patient assessment based on a qualified health care provider's evaluation of each patient, including factors unique to such patient. The Content (i) is intended and presented only for general educational purposes and should not be relied upon or construed to indicate that the use of a pharmaceutical or treatment is safe, appropriate, or effective for a specific individual; (ii) is not comprehensive and does not cover all uses, precautions, side effects, warnings, and interactions related to pharmaceuticals or treatments; (iii) may not apply to any specific medical condition; (iv) is only applicable to use in the United States and pharmaceuticals legally available in the United States; (v) has not been reviewed for compliance with federal or state pharmaceutical marketing, advertising, and disclosure statutes or regulations; and (vi) is subject to change without notice. As a physician or healthcare provider, you acknowledge that PrescriberPoint is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including healthcare services, which you provide to your patients. You maintain full responsibility for all medical decisions and patient care. The AI Service, the PrescriberPoint Network, and/or the Content used in the AI Service are designed as supplementary tools to support your professional judgment and should not be used as the sole basis for clinical decision-making, especially in critical or emergency situations. You agree not to rely on these tools in life-threatening or emergency medical situations, where you will instead use your professional judgment and follow established emergency protocols.

Use of the AI Service

PrescriberPoint’s AI Service constitute a language parsing reference service portal for use by physicians and other health care practitioners. PrescriberPoint does not provide medical advice, diagnosis or treatment. User questions and other inputs on PrescriberPoint’s AI Service (“User Content”) are not covered by HIPAA. It is the responsibility of the user to ensure questions do not contain protected health information (PHI) or any information that violates the privacy of any person. PrescriberPoint does not want to receive confidential or proprietary information from you through our website, the PP Network, or the AI Service and any information sent through the foregoing will be deemed NOT to be confidential. When you submit User Content through the AI Service you automatically grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable (through multiple tiers) license to distribute, transmit, copy, host, publicly display and perform, excerpt, index, tag, modify, adapt, sell, create derivative works from, and otherwise use and repurpose such User Content, in any media, form or format now known or hereafter developed (including within the AI Service and the Content), both within and outside of the PP Network for any purpose that is consistent with the PrescriberPoint Privacy Policy. The AI Service is intended for physicians and other healthcare professionals. By using the AI Service, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these AI Terms and that you are not prohibited from using the AI Service or any portion thereof.

 

Notwithstanding anything stated herein, you may be subject to certain obligations and responsibilities associated with the jurisdiction in which you practice medicine or another health profession. We make no representation or warranty as to the legal compliance of the AI Service or Content and you are solely responsible for compliance with the laws of your jurisdiction, with respect to your use and misuse of the AI Service and Content. We reserve the right, at any time in our sole discretion, to limit the availability and accessibility of the PP Network, the AI Service and the Content to any person, geographic area or jurisdiction we so desire.

 

The PP Network is not intended for consumer use. If you are a consumer who chooses to access the professional-level information made available through the AI Service, you should not rely on that information as professional medical advice or use the AI Service as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel. PrescriberPoint is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services, including health care services, which you may obtain through your Health Care Provider. The AI Service, PP Network, and/or Content should not be used if you are in a life-threatening or emergency medical situation. IF YOU HAVE ANY QUESTIONS ABOUT YOUR HEALTH, INCLUDING ANY MEDICAL CONDITION OR TREATMENT, PLEASE CONTACT YOUR HEALTHCARE PROVIDER OR, IF YOU HAVE A MEDICAL EMERGENCY, SEEK IMMEDIATE MEDICAL HELP OR CALL EMERGENCY SERVICES AT 911 (OR YOUR LOCAL MEDICAL EMERGENCY NUMBER).

 

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable and non-sublicensable license to use the AI Service to view the Content solely for your professional use. You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise repurpose the AI Service or PP Network properties, except as expressly permitted in these Terms. All rights not expressly granted herein are reserved by us and our respective licensors, as applicable.  Content may be subject to third-party intellectual rights. The AI Service and Content may contain links to third-party websites or resources which are not part of the AI Service or PP Network. You agree that we are not responsible or liable for these websites and resources including, without limitation, their availability or the content and information that they provide. The inclusion in PP Network of third party content, corpora, resources, including links to third party websites, does not imply our endorsement of these resources.

 

We may (but are not obligated to) do any or all of the following without notice:

  1. Investigate your use of the AI Service as we deem appropriate to comply with any applicable law, regulation, government request or legal process;
  2. Terminate your access to the AI Service upon our determination that you have violated these AI Terms or our overall Terms and Conditions; and
  3. We may collect, use, transfer, sell, and disclose non personal information and customer usage data for any purpose including commercial uses.
  4. Change or remove what materials are included in the AI Service’s database of Content.
 

Third-Party Content and Copyright Status

The AI Service may access and provide Content from various sources, including but not limited to PubMed and other National Library of Medicine (NLM) resources. You should be aware of the following:

  1. Public Domain Content: Information created by or for the U.S. government, including content from NLM Web pages, is generally in the public domain and may be freely distributed and copied. However, you are requested to give appropriate acknowledgment to NLM in any subsequent use of this work if taken from the AI Service. 
  2. Protected Content: The AI Service and PP Network may incorporate Content contributed or licensed by individuals, companies, or organizations that may be protected by U.S. and foreign intellectual property laws. This includes, but is not limited to, content from PubMed Central (PMC), Bookshelf, OMIM, and PubChem.
  3. Fair Use and Permissions: If you at any time reproduce, redistribute, or make commercial use of Content accessed through the AI Service or PP Network, you are expected to adhere to the relevant terms and conditions asserted by the relevant intellectual property rights-holder. Transmission or reproduction of protected items beyond applicable fair use, as defined in the relevant intellectual property laws, requires the written permission of the relevant intellectual property owners.
 

Proprietary Rights

You acknowledge and agree that the PP Network, AI Service, and any software used in connection with the foregoing (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by us or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, create derivative works from, or “scrape” for commercial or any other purpose, the PP Network, Content or the Software, in whole or in part. Any use of PP Network or the AI Service not expressly permitted by these Terms is a breach of these Terms and may violate our and third parties' intellectual property rights.

 

You may view information provided through the AI Service online, download individual articles to your computer or mobile device for later reading or print a copy of an article for yourself. You may not remove any copyright notices from our materials. You agree not to access the AI Service by any means other than through the interface that is provided by us for use in accessing the AI Service.

 

Permitted And Prohibited Uses

You will not impersonate anyone else in your use of the Content. PrescriberPoint may electronically monitor compliance with this Agreement or otherwise audit your use of the Content for compliance with this Agreement and reserves the right in its sole discretion to disable or suspend your access to the AI Service or PP Network without notice in the event of suspicious or potentially threatening behavior. You agree to comply with all applicable laws, including all US export laws and regulations, in connection with your access to, and use of, the AI Service and PP Network.

 

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRESCRIBERPOINT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PP NETWORK, THE AI SERVICE, OR ANY USE OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE AI SERVICE OR PP NETWORK, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF PRESCRIBERPOINT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

NEITHER PRESCRIBERPOINT NOR ANY OF ITS LICENSORS OR SUPPLIERS, MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EACH SPECIFICALLY DISCLAIMS, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUALITY, CORRECTNESS, COMPLETENESS, COMPREHENSIVENESS, SUITABILITY, SYSTEM AVAILABILITY, AND COMPATIBILITY, SUBJECT TO THE LAWS OF ANY STATES THAT DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES. YOU ACKNOWLEDGE THAT NO REPRESENTATIONS HAVE BEEN MADE RESPECTING THE CONTENT. YOU ACKNOWLEDGE THAT THE CONTENT AND ANY INFORMATION CONTAINED IN THE CONTENT OR ANY COMMUNICATIONS PROVIDED TO PRESCRIBERPOINT DURING USE OF THE AI SERVICE OR PP NETWORK WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF PRESCRIBERPOINT AND ITS SUPPLIERS AND MAY BE SUBJECT TO LIMITATIONS, DELAYS, LATENCY ISSUES, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND PRESCRIBERPOINT IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY DELAYS, DELIVERY FAILURES, CORRUPTION OF ANY DATA OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. PRESCRIBERPOINT IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY TECHNICAL MALFUNCTION, INABILITY TO ACCESS THE CONTENT OR OTHER PROBLEMS RELATED TO OR ARISING FROM ANY THIRD-PARTY HARDWARE OR SOFTWARE, INCLUDING ANY THIRD-PARTY WEBSITE, APPLICATION, OR OTHER PLATFORM.

 

Modifications

We reserve the right, at our sole discretion, to modify, discontinue or terminate any of the AI Service, the materials included in the database of Content, the PP Network, or these Terms, at any time and without prior notice. If we modify these Terms in a material way, we will provide notice of such modification within the PP Network. By continuing to access or use the AI Service after we have modified these AI Terms, you agree to be bound by the modified AI Terms. If the modified AI Terms are not acceptable to you, you agree to immediately stop using PP Network and the AI Service provided.