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Terms

Terms

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE


The Contents of the Specifiko Site, such as text, graphics, images, information obtained from Specifiko's licensors, and other material contained of the Specifiko Site ("Content") are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.

If you think you may have a medical emergency, call your doctor or 911 immediately. Specifiko does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Specifiko, Specifiko employees, others appearing on the Site at the invitation of Specifiko, or other visitors to the Site is solely at your own risk. The Site may contain health-or-medical- related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

USE OF OUR WEBSITE

Please read the following Website Terms and Conditions (Terms) carefully before using the website(s) as they govern the use of our websites. By using our sites you are indicating you accept these Terms and that you agree to abide by them regardless of whether or not you choose to register with Specifiko. If you do not accept these terms, do not use the website(s).

From time to time we may change these Terms, and will post revisions on this website.

We recommend you regularly print a copy of these Terms for future reference and periodically review these Terms for changes. It is your responsibility for doing so.
If you have purchased a licence, subscription or otherwise entered into an agreement with us (you purchase a monthly subscription) you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated on the relevant website.

Use of the data that you provide us, or which is collected by use on our websites, is governed by our Privacy Policy. By using our site(s) you consent to such processing.

We try to ensure that website availability is uninterrupted and that transmissions will be error-free. However, we cannot, guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new facilities or services. We of course try to limit the frequency and duration of any suspension or restriction.

Where these Terms have been translated into a language which is not English, this has been done for your convenience only to aid your interpretation of the Terms.

If you have registered or subscribed to a Specifko website, any user identification code or password must be kept confidential and used only by you (unless agreed in writing with Specifko). We have the right to disable any user identification code or password whether chosen by you or allocated by us at any time if in our option you have failed to comply with any of the provisions of these terms of use.

Specifiko shall not be liable if for any reason the Websites are unavailable at any time or for any period.

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites is stored or any server, computer or database connected to our site. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

LIABILITY OF SPECIFIKO AND ITS LICENSORS

The use of the Specifiko Site and the Content is at your own risk. When using the Specifiko Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Specifiko and its suppliers. Accordingly, Specifiko assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Specifiko Site.

The Specifiko Site and the Content are provided on an "as is" basis. Specifiko, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTY'S RIGHT, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Specifiko, its licensors, and its suppliers make no representations or warranties about the following:

  • The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Specifiko Site or Specifiko.
  • The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Specifiko Site.

In no event shall Specifiko, its licensors, its suppliers, or any third parties mentioned on the Specifiko Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Specifiko Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Specifiko is advised of the possibility of such damages. Specifiko is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES

Specifiko may select certain sites as priority responses to search terms you enter and Specifiko may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Specifiko does not recommend and does not endorse the content on any third -party websites. Specifiko is not responsible for the content of linked third-party sites, sites framed within the Specifiko Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the Terms of Use for such sites. Specifiko does not endorse any product advertised on the Specifiko Site.

INDEMNITY

You agree to defend, indemnify, and hold Specifiko, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

GENERAL

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

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

RETURNS, REFUNDS, AND CANCELLATIONS:

Payment for Specifiko is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service. If you would like to cancel your subscription please contact us at support@specifiko.com. After cancelling your subscription, your account will no longer be billed.

Unless specifically stated, subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term, and continually thereafter, unless the "Subscriber" terminates the subscription by email at least 72 hours prior to the renewal date. When termination is requested by a "Subscriber," there is no refund for any unused portion of the current subscription.

INTELLECTUAL PROPERTY RIGHTS
The content, layout, design, data, databases and graphics on this website are protected by US and other international intellectual property laws and are owned by Specifiko or its licensors. Unless expressly permitted in writing in a licence agreement, no part of a website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor, shown in public for commercial use.

You may not create any derivative work or make any other adaptation, without our prior written consent.

If you print off or download any material from our website(s) in breach of these terms of use, any rights to use our site(s) will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written licence, are reserved.
The trademarks and logos which are displayed on the websites are the trademarks of the Specifko and its licensors. Any use including framing, metatags or other text utilising Specifko trademarks or other trademarks displayed, is strictly prohibited without our (or our licensor's) express written consent.

Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site or within our privacy policy) and for such content you grant us a transferable, royalty free, worldwide, irrevocable licence to use, copy, distribute, edit, amend, disclose, sub licence to third parties and create derivative works in whole or party of any such material for any purpose, in any media.. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favour. All material posted must adhere to the requirements of “Your conduct" below.


We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to any of our sites constitutes a violation of their rights, including without limitation, their intellectual property rights, reputational rights or of their right to privacy.

Any rights not expressly granted in these Terms are reserved.

CONDUCT:

You must not use the website in any way that causes or is likely to cause the website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and contents sent from your computer to us.
You must use the website for lawful purposes only. You must not use the website for any of the following:

● For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
● To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing racist, abusive, threatening, defamatory, invasive of privacy, in breach of confidence, infringes any intellectual property rights, or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, political campaigning, commercial solicitation, chain letters, mass mailings or any spam
● To cause annoyance, inconvenience or needless anxiety
● To impersonate any third party or otherwise mislead as to the origin of your content
● To copy, reproduce, translate, modify, create a derivative work of, sell, resell, lease, lend, convey, distribute, publicly display or sublicense to any third party any part of our site in contravention with these terms of use or any other agreement with BMJ.
● To scrape, build databases or otherwise create permanent copies of any part of a website, or keep cached copies longer than permitted by the cache header.
● To misrepresent the source or ownership of the websites or any content contained thereon.
● To remove, obscure, or alter any copyright, trademark or other proprietary rights notices, falsify or delete any author attributions, legal notices or other labels of the origin or source of material.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with Specifiko, or in any way relating to your use of the Specifiko Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving Specifiko or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

LINKS:

Our websites contain links including hyperlinks which may take you outside Specifiko websites. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside Specifko websites, and such websites use will be subject to relevant terms and conditions and privacy policies.

BROWSERS:

Please note: If you are using an "offline browser" that allows you to download content from a site and read it later, please be aware that this shall be subject always to you ensuring that this amounts to only a small proportion of content, strictly for your personal non-commercial use.

LIMITATION OF LIABILITY:
TO THE FULLEST EXTENT PERMITTED BY LAW, SPECIFIKO EXPRESSLY EXCLUDES:


i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;
ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;
iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; AND
iv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSEOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.

NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS.

COMPLETE AGREEMENT

Except as expressly provided in a particular "Legal Notice" on the Specifiko Site, these Terms of Use and the Specifiko Privacy Policy and Agreement constitute the entire agreement between you and Specifiko with respect to the use of the Specifiko Site, and Content.

Thank you for your cooperation. We hope you find the Specifiko site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be directed by email to info@Specifiko.com.

Effective: January, 2011