Terms and Conditions of Use
Welcome to the Web site (the “Site”) of the Drug Information Association, Inc. ("DIA" or “we”). Your use of this Site and the services provided by DIA as a result of your use of the Site (collectively, the “Services”) constitutes assent to, and is subject to, the following terms and conditions ("Terms and Conditions"), which may be updated without further notification to you. Please review these Terms and Conditions carefully since they contain important information regarding your use of the Site.
1. DIA’s Core Values.
DIA provides a neutral global forum for its members for the purpose of exchange and dissemination of information relevant to the professional education and development of its members. We do not lobby, and do not take a partisan stance on any issue. We provide a forum (via conferences, workshops, teleconferences, publications) for government and regulatory agencies to present views on regulations, policies and programs, as well as for individuals and organizations holding contrary views to present them. Preservation of the neutrality of this forum in conformity with this paragraph 1 (the “Values”) is essential to the success and continued existence of DIA.
2. Services on the Site.
Through the Site, DIA may provide you with Services that include information about DIA and affiliates of DIA, access to various publications, and opportunities to get involved in educational programs facilitated by DIA. In the future, we may, without prior notice to you, alter the Services and offer other services that we may determine are appropriate, suitable, or desirable. Please note that some Services are available only to DIA members with a valid user identification and password. Although we will try to provide the most comprehensive Services to you possible, we do not guarantee that any one or all of these will be available to you at any particular time. Please note, however, that all Services are subject to all of the Terms and Conditions.
3. Use of the Site. You are solely responsible for maintaining the confidentiality of your user identification and password for the Site. You agree to notify DIA of any unauthorized use of your user identification or password. In using the Site, your conduct must, at all times, comply with all applicable laws, rules, regulations, statutes, treaties, protocols, orders, ordinances, rules, directives, codes, writs, injunctions, and decrees, including the Federal, State, and local laws of the jurisdiction in which you receive the Services (collectively, “Applicable Law”) and remain consistent with the Values. You are solely responsible for knowing and adhering to all Applicable Law pertaining to your use of the Services. In addition, you agree that you:
4. Responsibility for Conduct by Users of the Site.
- Will not use or launch any automated system, including without limitation, any "robot," "spider," "offline reader," etc., that accesses the Site in a manner that sends more request messages to the DIA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Will not collect or harvest any personally identifiable information from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes that are not expressly authorized by DIA;
- Will not interfere with the operation of this Site via the use of viruses, programs or technology designed to disrupt or damage or hinder software or hardware;
- Will not defeat or attempt to defeat any security measures placed upon DIA’s network infrastructure or any other connected systems;
- Will not modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any materials on the Site;
- Will not use the Site to threaten, intimidate, harass, defame, violate a right to privacy, or otherwise harm any other person or entity;
- Will not use the Site to solicit personal information, such as telephone numbers, street addresses, or email addresses from any User (as defined below) or display personal information of another person or entity without such person’s or entity’s consent;
- Will not use the Site to promote unlawful behavior, promote or sell illegal goods or services, or violate any Applicable Law;
- Will not transmit any obscene, offensive, defamatory, vulgar, false, misleading, indecent, abusive, harassing, threatening, lewd, inflammatory, exploitative, offensive or tortuous Content (as defined below), Content that is invasive of another's privacy, Content that disparages or insults any individual or group, based on race, ethnicity, gender, nationality, sexual orientation, disability, or other immutable characteristic, or Content that otherwise violates these Terms and Conditions;
- Will not transmit any Content unless you have the lawful right to disseminate such Content including, without limitation, private, confidential, trade secret, trade mark, proprietary or other non-public information of any other party through the Site, and will not infringe or violate the rights of any third party in so transmitting Content;
- Will not transmit any Content via the DIA SIAC WebOffices that includes any product, service or employment advertisements;
- Will not use the Site to promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, or providing information to circumvent manufacturer installed copy-protect devices;
- Grant (or warrant that the owner of such content has granted), by submitting or posting Content on, to or through the Site, DIA a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, transmit, distribute, perform and display such Content on the Site in such manner as DIA deems appropriate; or
- Grant (or warrant that the owner of such content has granted), by submitting or posting Content on, to or through the Site, other Users the right to access, view, store and reproduce the Content.
You are solely responsible for your own conduct on the Site, including without limitation, any violations of these Terms and Conditions and the damages, losses or harm directly related to such violations. You acknowledge that you are aware that each other user of the Site (collectively, “Users”) is responsible for his or her own conduct as well.
5. Content on the Site and Links to Third Party Web Sites.
This Site may contain information and other content that is posted by DIA (the “DIA Content”) or other Users (the “Non-DIA Content”)(the DIA Content and the Non-DIA Content shall hereinafter be referred to collectively as the “Content”). The Site provides a venue for you and other Users to exchange information. We are not involved in the actual communications between Users, unless such involvement is specifically indicated. We do not provide any warranties about the Content and your use of this Site is solely at your own risk. We are not a publisher of Non-DIA Content. Accordingly, we have no more editorial control over such Non-DIA Content than does a public library, bookstore, or newsstand. Any opinions, advice, or statements expressed or made available in any Non-DIA Content, are those of the respective author(s) or Users and not of DIA. DIA shall not be responsible to you or any other User for any costs, damages, expenses, or liabilities relating to the acts of any party that provides Content to the Site, including without limitation business partners and other Users.
The Site offers links to other sites on the internet.
Unless otherwise indicated therein, these sites are not under the control of DIA, and DIA is not responsible for the accuracy, legality or any other aspect of the content of such sites. The inclusion of such links on the Site, unless otherwise indicated, is not an endorsement by DIA in favor of the website, or the products or services offered on such site. Further, the inclusion of such links does not necessarily imply that such other sites have given permission for inclusion of the links, or that there is a relationship between DIA and the linked sites. We strongly recommend that you review the user policies, privacy statements and other terms and conditions of all third parties on their respective Web sites. DIA will not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any other content, goods or services available on or through any other site unless DIA has indicated it is responsible for such site.
6. Removal of Content From the Site.
7. Suspension and Termination of Use of Site.
In the event of an investigation by DIA concerning whether you have violated these Terms and Conditions, or at such other times and for such other periods as we deem necessary, we, in our sole discretion, may suspend your ability to use the Site. If we, in our sole discretion, determines that you have violated these Terms and Conditions, we may permanently ban you from future use of the Site.
8. Acts of Other Users.
We will take precautions to make your experience on the Site as pleasant and productive as possible. However, we are not responsible to you for the conduct of others. Use of this Site is solely at your own risk.
9. Copyright Rights.
All Content on the Site is subject to copyrights owned by DIA and other Users or third parties and is protected by United States and international copyright laws. Any reproduction, retransmission or republication of all or part of any Content found on the Site is expressly prohibited unless DIA or the copyright owner of the Content has expressly granted its prior consent for such use.
10. Trade and Service Mark Rights.
The names, trademarks, service marks and logos of DIA, whether or not appearing in large print or with the trademark symbol, belong exclusively to DIA and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks or any materials is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any trademark of DIA or any third party.
11. Notifications of Infringement. We do not tolerate infringement of intellectual property on the Site, and will remove Content from the Site pursuant to Paragraph 6 above if properly notified that such Content infringes the intellectual property rights of another. If you believe your intellectual property rights have been infringed upon, please provide us with a notice (the “Infringement Notice”) that includes:
All Infringement Notices must be sent to:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you;
- 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 the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Drug Information Association
800 Enterprise Road, Suite 200
Horsham, Pennsylvania 19044-3595
DIA Web Team
12. No Professional Advice.
Any DIA Content supplied on the Site and/or by any employee or agent of DIA, whether by telephone, e-mail, letter, facsimile or other form of communication, does not constitute professional opinion or professional advice. Individual situations and state laws vary and you are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
DIA WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF THESE TERMS AND CONDITIONS. YOUR USE OF THE SITE AND THE SERVICES ARE AT YOUR OWN AND SOLE RISK. THE CONTENT ON THE SITE IS OFFERED BY THE RESPECTIVE AUTHORS ON AN "AS-IS" BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE PROVIDED NO WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE PRIOR STATEMENT, DIA DOES NOT AND CANNOT VOUCH: (a) FOR THE QUALITY, ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT DISPLAYED BY ANY AUTHOR ON THE SITE; (b) THAT THE CONTENT IS NOT IN VIOLATION OF THESE TERMS AND CONDITIONS; OR (c) THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
14. Limitation of Liability.
You agree that DIA shall not be liable or obligated, under any legal theory, for any direct, indirect, incidental, special, punitive, consequential or other damages (“Damages”) caused to you by reason of publication of Content on the Site, by any use made of the Content by you, any errors or omissions in the Content, or for any Damages caused by using the Site including, but not limited, to Damages sustained as a result of electronic malfunctions or difficulties, failed or incomplete transmissions, viruses, Trojan horses or the like.
15. Waiver and Modification.
The failure of DIA to insist upon strict performance of any provision herein by you or any User shall not be deemed a waiver by DIA of any of its rights or remedies or a waiver by it of any subsequent default by you or such User. We may amend this Agreement at any time by posting the amended terms on the Site. Your use of the Site following any amendment of this Agreement will signify your assent to and acceptance of the revised terms and conditions.
16. Indemnification. You agree to defend, indemnify and hold harmless DIA and its respective officers, directors, employees and agents, from and against any and all Damages, claims, demands, actions, judgments, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to this Site;
- Your violation of these Terms and Conditions or any other DIA policy;
- Your violation of any third party right including, without limitation, any copyright, property, or privacy right;
- Any claim that submission or use of any Content or information on this Site by you caused damage to a third party; and
- Your violation of any State, Federal, Foreign, or International laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to principles of conflicts of law (whether of the Commonwealth of Pennsylvania or any other jurisdiction). You hereby irrevocably and unconditionally consent to submit, for any action, proceeding or investigation in any court, arbitration or before any government authority (“Litigation”) arising out of or relating to the use of the Site, to the exclusive jurisdiction of state and federal courts located in Philadelphia County, Pennsylvania (and agree not to commence any Litigation relating thereto except in such venues).
If any provision herein is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, legal, operative and enforceable to the maximum extent permitted by applicable law while preserving its original intent. The invalidity, illegality or unenforceability of any part of these Terms and Conditions shall not render invalid the remainder of these Terms and Conditions.
19. No Third Party Beneficiaries.
Any agreement contained, expressed or implied in these Terms and Conditions shall be only for the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns, and such agreements shall not inure to the benefit of the obliges of any indebtedness of any third party, it being the intention of the parties that no person or entity shall be deemed a third party beneficiary of these Terms and Conditions, except to the extent a third party is expressly given rights herein.
20. Equitable Remedies.
You acknowledge and agree that: (a) we have expended significant resources to develop the Site; (b) certain breaches or threatened breaches by you of any provision herein may result in irreparable injury and damage to DIA for which we may not be reasonably or adequately compensated in money damages; (c) we may have no adequate remedy at law for any such breach or threatened breach; and (d) in the event of a breach or threatened breach of any provision herein by you for which there is no adequate remedy at law, we shall be entitled, in addition to all other applicable remedies under these Terms and Conditions or in law or in equity, to apply for specific performance by you of the terms of these Terms and Conditions, immediate injunctive and other appropriate equitable relief, including, without limitation, the enjoining of you from the breach of any covenant set forth herein. No right or remedy conferred upon or reserved by DIA is exclusive of any right of remedy herein or permitted in law or in equity, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity (or by statute or otherwise).
These Terms and Conditions and any other DIA policy referenced herein shall constitute the entire agreement between you and DIA with respect to your use of the Site.