SPRINGER PUBLISHING COMPANY, LLC

Terms of Use

Welcome to www.medsmilk.com (the "MedsMilk Website"), the website and online service of Springer Publishing Company, LLC ("SPC" or "we"), which provides content and access to SPC's Medications & Mother's Milk Online Database ("MedsMilk Online Database"). By accessing or using the MedsMilk Website, you signify that you have read, understood, and agree to be bound by these terms and conditions of use ("Terms of Use"). These Terms of Use apply to all visitors, users, subscribers, authorized users, and others who access the MedsMilk Website ("Users", "you" or "your").

These Terms of Use incorporate SPC's Privacy Policy (as defined below), as well as the terms of any subscription agreement that may exist between you and SPC. To the extent there is a conflict between these Terms of Use and your subscription agreement, the terms of your subscription agreement will control your use of the MedsMilk Website. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, please do not use the MedsMilk Website.

The MedsMilk Website

The MedsMilk Website is intended solely for Users who are eighteen (18) years of age or older, or otherwise are of the age of majority in their respective state or country. If you are a minor under eighteen (18), you may use the MedsMilk Website only with involvement of a parent, teacher, or legal guardian. Any registration, use or access to the MedsMilk Website contrary to these terms is strictly prohibited and may result in termination of your access to the MedsMilk Website.

The MedsMilk Website, including the text and graphics that appear on the MedsMilk Website, is owned by or licensed to SPC, and is subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. Unless otherwise permitted in accordance with these Terms of Use, you agree not to (i) copy, modify, translate, alter, amend, download, archive, transmit, post, broadcast, transfer, forward, assign, reproduce or in any other way disclose, repost or disseminate any part of the content made available on the MedsMilk Website on third party web sites, or in any other medium without the prior written consent of SPC. Users cannot re-sell to third parties or prepare derivative works of any content made available on the MedsMilk Website.

Allowed Uses

Users may print summaries and graphics provided on the MedsMilk Website solely for personal, clinical, educational, or research use. Such materials may only be printed directly from the MedsMilk Website and may not be resold or reproduced for sale. SPC's copyright statement must be clearly visible on all printed materials.

We reserve the right to limit or suspend your use of the MedsMilk Website by electronic self-help or other means and without notice, if we believe you have committed a breach of security or violated these Terms of Use. SPC reserves all of its rights in the MedsMilk Website not expressly granted to you by these Terms of Use.

MedsMilk Website Content

The information provided on the MedsMilk Website has been extrapolated from a variety of professional sources and is presented in a condensed summary form. It is not intended to replace or serve as a substitute for complete and current manufacturer prescribing information, current research, or knowledge and experience of the User. For complete prescribing information, including toxicities, drug interactions, contraindications, and precautions, the User is directed to the manufacturer’s package insert and the published literature. The inclusion of a particular brand name neither implies nor suggests that the author or publisher advises or recommends the use of that particular product or considers it superior to similar products available by other brand names. Neither the author nor SPC makes any warranty, expressed or implied, with respect to the information, including the completeness, currency or accuracy of the information and any errors, inaccuracies or omission, therein. SPC makes no warranty, expressed or implied, except as expressly set forth herein, nor does SPC warrant that the MedsMilk Website will be uninterrupted, secure or error free, or free of viruses.

Third-Party Links

The MedsMilk Website may contain links to third-party websites, advertisers, applications, services, or other information that are not owned or controlled by SPC. SPC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the MedsMilk Website, you do so at your own risk, and you understand that these Terms of Use and SPC’s Privacy Policy do not apply to your use of such sites. You expressly relieve SPC from any and all liability arising from your use of any third-party website, service, or content.

Subscriber Accounts

When creating your subscription account for the MedsMilk Online Database, you agree to provide current, complete, and accurate information as required by SPC and in accordance with your subscription agreement. You are responsible for all activities that occur under your account. Your account may be accessed and/or used solely by you as the subscriber and in accordance with your respective subscription agreement. You agree to notify SPC immediately of any unauthorized use of your account or any other breach of security. SPC will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. In addition, you may be held liable for any losses incurred by SPC or another party due to someone else using your account. You may not use anyone else's account at any time. Please refer to your respective subscription agreement for the terms regarding use of your online account for MedsMilk Online Database.

Privacy

These Terms of Use incorporate the entirety of the SPC's Privacy Policy, http://www.springerpub.com/privacy. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in the United States.

Security

SPC has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

No Unlawful Use

You agree not to use the MedsMilk Website for any purpose that is unlawful or prohibited by these Terms of Use, or the terms of the subscription agreement you have with SPC. You may not use the MedsMilk Website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to the MedsMilk Website, or interfere with any other party's use and enjoyment of the MedsMilk Website. You may not attempt to gain unauthorized access to any portion of the MedsMilk Website, other accounts, computer systems, or networks connected to any server related to the MedsMilk Website, through hacking, password or data mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you on the MedsMilk Website.

You further agree not to engage in the use of any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the MedsMilk Website or MedsMilk Online Database in a manner that sends more request messages to the SPC's servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SPC grants the operators of public search engines revocable permission to use spiders to copy materials from the MedsMilk Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the MedsMilk Website or MedsMilk Online Database; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the MedsMilk Website; (vii) collecting or harvesting any personally identifiable information, including account names, from the MedsMilk Website or MedsMilk Online Database; (viii) using the MedsMilk Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the MedsMilk Website or MedsMilk Online Database; (xi) accessing any content on the MedsMilk Website or MedsMilk Online Database through any technology or means other than those provided or authorized by SPC; or (xii) bypassing the measures we may use to prevent or restrict access to the MedsMilk Website or MedsMilk Online Database, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the MedsMilk Website or the content therein.

SPC may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the MedsMilk Website without notice and liability for any reason, including if in SPC's sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. All aspects of the MedsMilk Website are subject to change or elimination at SPC's sole discretion.

Medical Disclaimer; Warranties

The content available on or through the MedsMilk Website is not an attempt to practice medicine or provide specific medical advice. Use of the MedsMilk Website does not establish a doctor-patient relationship. Always consult with your physician for any health related questions. If you think you may have a medical emergency, call your doctor or 911 immediately. You understand and acknowledge that if you rely on any information provided by SPC, SPC employees, other Users of the MedsMilk Website, or any content on or available through the MedsMilk Website, you do so solely at your own risk.

NEITHER SPC, NOR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, EMPLOYEE, LICENSOR, LICENSEE, DISTRIBUTOR, SUPPLIER, AGENT, OR RESELLER OF MEDICATIONS & MOTHER'S MILK (COLLECTIVELY, THE "SPC ENTITIES") MAKE ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MEDSMILK WEBSITE, WHICH IS PROVIDED "AS IS", OR WITH RESPECT TO THESE TERMS OF USE. THE SPC ENTITIES EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION AVAILABLE THROUGH THE MEDSMILK WEBSITE AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND CONTENT ON THE MEDSMILK WEBSITE.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by applicable law. The MedsMilk Website may include technical inaccuracies or typographical errors. SPC has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the MedsMilk Website, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the MedsMilk Website on any particular device or communications service. SPC has no obligation to provide you with notice of any such changes, and SPC is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the MedsMilk Website, except as provided by your subscription agreement with SPC, if applicable.

Limitation of Liability

IN NO EVENT WILL SPC OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE MEDSMILK WEBSITE, MEDSMILK ONLINE DATABASE, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO THE SPC ENTITIES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE MEDSMILK WEBSITE, EVEN IF THE SPC ENTITIES OR SUCH OTHER RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL SPC BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MEDSMILK WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Some states or other jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless SPC and its affiliates, SPC's and such affiliates' principals, directors, officers, employees, agents, representatives, successors and/or assigns from and against any and all actions, causes of action, suits, damages, liabilities, claims, and expenses, including attorneys' fees, of whatever kind or nature, at law or in equity, directly or indirectly, arising out of or in any way related to (i) your violation of these Terms of Use; (ii) your use of and access to the MedsMilk Website, including any data or content transmitted or received by you; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information that is submitted via your account; or (vi) any other party’s access and use of the MedsMilk Website with your unique username, password or other appropriate security code. SPC and its affiliates reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SPC and/or its affiliates in asserting any available defenses.

Amendments; Modifications

SPC may modify and amend these Terms of Use, including our Privacy Policy, from time to time by notifying you, provided that no notice shall be required for non-substantive changes to these Terms of Use. If we substantively amend these Terms of Use, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account. Your continued use of the MedsMilk Website after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these Terms of Use or any future terms of use, do not use or access (or continue to access) the MedsMilk Website.

Intellectual Property

The text, images, trademarks, copyrights and other materials and information contained, displayed or accessible on the MedsMilk Website is owned or licensed to SPC and may not be used for any purpose beyond the uses permitted herein without the prior written permission of SPC. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the MedsMilk Website. SPC expressly reserves all rights in connection with its intellectual property, including without limitation the right to block the transfer of its products and services and/or to track usage thereof, through electronic tracking technology, and all other lawful means, now known or hereafter devised. SPC reserves the right, without further notice, to pursue to the fullest extent allowed by law any and all criminal and civil remedies for the violations of its rights throughout the world. Without limiting any of the foregoing, your access to the MedsMilk Website may be terminated by SPC in the event that you infringe on any intellectual property rights or otherwise breach these Terms of Use. For permission to use any trademarks or photocopy and/or use any information contained in on the MedsMilk Website beyond the uses permitted herein, please contact Joanne Jay at jjay@springerpub.com.

DMCA Notice.

Since we respect content owner rights, it is SPC’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the MedsMilk Website, please notify SPC’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Information reasonably sufficient to permit SPC to contact you, such as your address, telephone number, and, e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
Springer Publishing Company, LLC
11 West 42nd St., 15th Floor
New York, NY 10036

Email: copyright@springerpub.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying SPC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SPC's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, SPC has adopted a policy of terminating, in appropriate circumstances and at SPC's sole discretion, members who are deemed to be repeat infringers. SPC may also at its sole discretion limit access to the MedsMilk Website and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

General Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SPC without restriction. Any attempted assignment in violation of the foregoing shall be null and void.

Governing Law

You agree that: (i) the MedsMilk Website is based solely in New York; and (ii) the MedsMilk Website is a passive one that does not give rise to personal jurisdiction over SPC, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and SPC that arises in whole or in part from the MedsMilk Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York, unless submitted to arbitration as set forth in the following paragraph.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Notification Procedures

SPC may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by SPC in our sole discretion. SPC reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms of Use. SPC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. We recommend that you add info@springerpub.com to your email address book to help ensure you receive email notifications from us.

Entire Agreement/Severability

These Terms of Use, together with any amendments and any agreements referenced herein, shall constitute the entire agreement between you and SPC concerning the MedsMilk Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and SPC’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Contact

Please contact us at info@springerpub.com with any questions regarding these Terms of Use.

Current as of June 2017.