Acceptance of Agreement - For the purposes of this agreement, the terms 'we', 'us', 'our', 'app', and 'Pocket Pharmacist' refer to Danike, Inc. The terms 'You', 'User ' and 'End-User' refer to You as a user of the mobile application or PocketPharmacist.io website. You agree to the terms and conditions outlined in this Terms and Conditions Agreement ("Agreement") with respect to our mobile application (the "App"). This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the App, the content, products or services provided by or through the App, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to You. The latest Agreement will be posted on the App, and You should review this Agreement prior to using the App. By accessing the app, You agree to be bound by the terms of the latest Agreement posted.
Copyright and Trademarks - The content, organization, graphics, design, compilation, and other matters related to the App are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. “Pocket Pharmacist,” and other marks are either trademarks or registered trademarks of Danike, Inc. Other product, company names, and content displayed on the App may be the trademarks or copyrights of their respective owners. The copying, redistribution, use or publication by You of any such matters or any part of the App, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the App. The posting of information or materials on the App by Danike, Inc. does not constitute a waiver of any rights in such information and materials.
Limited Right to Use-Personal Use - You are granted a limited, personal, non-exclusive, non-commercial license to view, print or download content, graphics, forms or documents from the App for use solely by You for Your own personal use. The App may not be used for any commercial purpose, commercial advantage or private monetary compensation.
Editing, Deleting, and Modification - We reserve the right in our sole discretion to edit or delete any information or other content appearing on the App at any time without notice.
Submissions - If You send submissions or creative suggestions, ideas, notes, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Danike, Inc. None of the Submissions shall be subject to any obligation of confidence on the part of Danike, Inc., and Danike, Inc. shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. Danike, Inc. does not endorse and has no control over the content of Submissions submitted by others to the App. Submissions submitted to the App are not necessarily reviewed by Danike, Inc. prior to posting and do not necessarily reflect the opinions or policies of Danike, Inc. Danike, Inc. makes no warranties, express or implied, as to the content of the Submissions on the App or the accuracy and reliability of any Submissions and other materials on the App. Nonetheless, Danike, Inc. reserves the right to prevent You from contributing Submissions to the App and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice. In the event You request the removal or modification of content submitted by You or another User which includes Personally Identifiable Information (PII), we will remove any such information upon request submitted via email.
Indemnification - You agreed to defend, indemnify and hold harmless Danike, Inc., its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the App; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the App, including information obtained through the App. Notwithstanding the foregoing, Danike, Inc. reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with Danike, Inc. in asserting any available defenses.
Links to Websites - The App contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. The inclusion of any linked website on our App does not imply approval or endorsement of the linked website by us. If You decide to access these third-party sites, You do so at Your own risk.
International Information - Unless otherwise specified, the materials on this App are presented solely to provide information regarding and to promote Danike, Inc.'s App and other products available in the United States, its territories, possessions, and protectorates. Danike, Inc. makes no representation that materials on this App are appropriate or available for use outside the United States. Those who choose to access this App from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
Miscellaneous - All disputes between You and Danike, Inc. arising in connection with this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place in California, and the arbitrator shall apply the law of California and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable attorneys’ fees. Notwithstanding the foregoing, Danike, Inc. may seek immediate injunctive relief in the event of Your infringement of intellectual property rights hereunder or a breach of Your confidentiality obligations. To the extent that anything in or associated with the App is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.
Disclaimer and Limits - Information on this App may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Danike, Inc. may also make improvements and/or changes in the products and/or services described in this information at any time without notice.
This app is designed to offer You general health information for general educational purposes only. The health information furnished on this app and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist, or other healthcare professional. You must always seek the advice of a professional for questions related to a disease, disease symptoms, and appropriate therapeutic treatments. If You have or suspect that You have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something You have read on this app. While information on this app has been obtained from sources believed to be reliable, neither we nor the content providers warrant the accuracy of codes, prices, therapeutic content, or other data of any nature contained on this mobile application. We do not give medical advice, nor do we provide medical or diagnostic services. Neither we nor the content providers guarantee that the content on this app covers all possible uses, directions, precautions, drug interactions, or adverse effects that may be associated with any therapeutic treatment. Your reliance upon information and content obtained by You at or through this app is solely at Your own risk. Neither we nor the content providers assume any liability or responsibility for damage or injury (including death) to You, other persons, or property arising from any use of any information, idea, or instruction contained in the content or services provided to You.
Danike, Inc. and the content providers have utilized reasonable care in collecting and reporting the information on this app and have obtained such information from sources believed to be reliable. However, Danike, Inc. and the content providers do not warrant the accuracy of the information on the app. Information reflecting prices is not a quotation or offer to sell or purchase. The clinical information contained in the information is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of physicians, pharmacists, nurses, or other healthcare professionals involved in patient care. The absence of a warning for a given drug or drug combination should not be construed to indicate that the drug or drug combination is safe, appropriate, or effective in any given patient or under Your particular circumstances.
THE INFORMATION FROM OR THROUGH THE APP IS PROVIDED "AS IS," "AS AVAILABLE," AND DANIKE, INC. AND THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DANIKE, INC. AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE APP SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS APP AND THE CONTENT PROVIDERS OFFER NO MEDICAL ADVICE IN CONNECTION WITH THIS APP. USERS ARE RESPONSIBLE FOR THE USE OF THE CONTENT ON THIS APP. A LICENSED MEDICAL PROFESSIONAL IS RESPONSIBLE FOR INDEPENDENTLY REACHING ANY MEDICAL JUDGMENT, AND FOR ANY RESULTING DIAGNOSIS AND TREATMENTS, NOTWITHSTANDING ANY USE OF THE CONTENT BY SUCH MEDICAL PROFESSIONAL. BY USE OF THIS APP YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION ON THIS APP MAY CONTAIN INACCURACIES AND OTHER ERRORS.
Updated: October 5th, 2018