The Arcadia Services are not intended for children under 13 years of age – and for European residents, for children under 16 years of age. By using the Arcadia Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Arcadia Services.
Accessing the Services and Account Security
We reserve the right to withdraw or amend the Arcadia Services and any material we make available through the Arcadia Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Arcadia Services, or all the Arcadia Services, to Users.
Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Arcadia Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your user name or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Intellectual Property Rights
The Arcadia Services and the entire content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) made available through the Arcadia Services (“Content”) are owned by Arcadia, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- modify copies of any Content; and/or
- delete or alter any copyright, trademark or other proprietary rights notices from copies of Content.
Modification or use of the Content, except as expressly provided herein, is a violation of Arcadia’s, its licensors’ or other providers’ intellectual property rights, as applicable.
Arcadia, the Arcadia logo, and all trademarks and service marks listed on the Arcadia Services, are trademarks and service marks of Arcadia (collectively, the “Marks”). You are not granted any right to use Arcadia’s Marks (including, without limitation, the layout of any Website), and all such items remain the exclusive property of Arcadia.
- in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); and/or
- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Arcadia Services, or which, as determined by us, may harm the Company or users of the Arcadia Services or expose them to liability.
Additionally, you agree not to:
- use the Arcadia Services in any manner that could disable, overburden, damage, or impair the Arcadia Services or interfere with any other party’s use of the Arcadia Services, including their ability to engage in real-time activities through the Website;
- use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any Content;
- access Content that is not intended for you;
- attempt to breach or breach the security and/or authentication measures;
- restrict, disrupt, or disable the Arcadia Services to users, hosts, servers or networks;
- reproduce TCP/IP packet header illicitly;
- use any manual process to monitor or copy any Content or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Services;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Arcadia Services, the server(s) on which the Arcadia Services stored, or any server, computer or database connected to the Arcadia Services;
- attack the Arcadia Services via a denial-of-service attack, a distributed denial-of-service attack, flooding, mailbombing or crashing; and/or
- otherwise attempt to interfere with the proper working of the Arcadia Services.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Arcadia Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Reliance on Information Posted
The information presented on, or made available through, the Arcadia Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Arcadia Services, or by anyone who may be informed of any of its contents.
The Arcadia Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Arcadia Services
We may update the Content from time to time, but the Content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Services
Linking to the Websites and Social Media Features
You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, prior written consent.
The Arcadia Services may provide certain social media features that enable you to:
- link from your own or certain third-party websites to certain content on the Websites;
- send e-mails or other communications with certain content, or links to certain content; and/or
- cause limited portions of content on any website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- establish a link from any website that is not owned by you;
- cause the Arcadia Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.;
- link to any part of any Website other than the homepage; and/or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
PHI or Sensitive Personal Information
As between you and Arcadia, you take full responsibility for the use of all information provided through the Arcadia Services in providing patient care. Certain Content that Arcadia makes available through the Services, such as white papers, news coverage, and its blog may be clinically-oriented (“Clinical Information”). Clinical Information, if any, is intended to serve as a quick access, concise, initial reference and not as a complete reference source. Clinical Information does not include information concerning every health condition, therapeutic agent, laboratory test, or diagnostic procedure available. Clinical information, is further intended as a supplement to, and not a substitute for, the knowledge, expertise and judgment of professional personnel and should not, in any case, be deemed or understood as a recommendation, endorsement, guarantee or warranty of the professional services of any providers who render health care services.
You may use the Clinical Information only if you are (i) a researcher who will not use the information for medical diagnosis or treatment; (ii) a physician, nurse or other healthcare professional with an active license; or (iii) a student pursuing an education in a health care discipline under the supervision of licensed healthcare professionals. You agree that you are responsible for determining the correctness, completeness, timeliness, and suitability of the Clinical Information and Content for individual patients. You understand that the professional duty to a patient in the provision of healthcare services lies solely with the healthcare professionals providing direct patient care or pharmacy services and not Arcadia.
The Services are not intended as a substitute for professional medical judgment in patient diagnosis or treatment, and Arcadia disclaims all liability for the use of any information or results provided by, or obtained through, the Arcadia Services and used by professional personnel. Arcadia is not liable for your actions which may result in any liability due to malpractice or failure to warn. Arcadia provides no medical or other professional advice in connection with this Arcadia Services and the information contained herein. You acknowledge that a licensed professional is responsible for independently reaching any medical or other professional judgment, and for any resulting diagnosis and treatments, notwithstanding any use of the Arcadia Services by such professional.
All orders, purchases or transactions for the sale of goods, services, or information made using the Arcadia Services may be subject to additional the terms and conditions of sale, which may be provided on the applicable Website, and are also incorporated into these Terms.
If you provide any comments, questions, recommendations, suggestions, or related information to Arcadia by any means concerning the Services or Content (collectively, “Feedback”), you hereby grant Arcadia a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, distribute and otherwise exploit, without any attribution or compensation to you, any and all Feedback in connection with the Arcadia Services and/or any of Arcadia’s other products or services; however, you have no right to compel any such use.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that content or material on a Website infringes a copyright owned by you, you (or your agent) may send Arcadia a notice requesting that the material be removed, or access to it blocked. This request should be sent to:
Director of Strategic Marketing
20 Blanchard Rd, Ste 10
Burlington, MA 01803.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or applicable law; and (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Websites should be sent to the address above.
Links from the Services
If the Arcadia Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Arcadia Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Arcadia Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ARCADIA SERVICES OR ITEMS OBTAINED THROUGH THE ARCADIA SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
ARCADIA EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION, CONTENT, PRODUCTS, SERVICES, PRIVACY OR SECURITY PRACTICES OR MERCHANDISE FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SERVICES. ARCADIA CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD-PARTY SITES.
YOUR USE OF THE ARCADIA SERVICES, ITS CONTENT, CLINICAL INFORMATION AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ARCADIA SERVICES IS AT YOUR OWN RISK. THE ARCADIA SERVICES, THE CONTENT AND ANY ITEMS OBTAINED THROUGH THE ARCADIA SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ARCADIA SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ARCADIA SERVICES, ITS CONTENT OR ANY ITEMS OBTAINED THROUGH THE ARCADIA SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE ARCADIA SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ARCADIA SERVICES OR ITEMS OBTAINED THROUGH THE ARCADIA SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, THE ARCADIA SERVICES, CLINICAL INFORMATION AND CONTENT ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE ARCADIA SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ARCADIA SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS OBTAINED THROUGH THE ARCADIA SERVICES OR OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THE ARCADIA SERVICES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
Reporting and Contact
The Arcadia Services are operated by Arcadia Solutions, LLC.
All notices of copyright infringement claims should be sent to firstname.lastname@example.org.
Should you become aware of misuse of the Arcadia Services including libelous or defamatory conduct, you must report it to the Company at email@example.com.
All other feedback, comments, requests for technical support, and other communications relating to the Arcadia Services should be directed to: firstname.lastname@example.org.