Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Metabolism and Transport Drug Interaction Database platform (“Database”) web site located at didb.druginteractioninfo.org, the (“Site”). The Site is the property of the University of Washington (“UW”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

UW reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

About this Site

The purpose of this Site is to provide access to A Database containing drug interaction, organ impairment and pharmacogenetic information that have been reported in the scientific literature and analyzed and organized by the University of Washington (“Database”). The Database is intended as a research tool and is not a basis for clinical decisions. The database is for informational and educational purposes only and is not a substitute for the professional judgment by you.

This Site and Database are designed to disseminate information developed by the University of Washington Department of Pharmaceutics Drug Interaction Information program and serves the University of Washington’s mission to disseminate knowledge in the public interest.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to UW, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, downloaded/uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution without UW’s express prior written consent. Any commercial use of the Database is expressly prohibited without the prior written permission of UW.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. UW reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any UW server, by hacking, or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or UW’s systems or networks, or any systems or networks connected to the Site or to UW. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to UW on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of UW or others.

Referencing Your Use of the DIDB Platform: You agree to acknowledge that the Work is the intellectual property of the University of Washington and Copyright in the Work shall be cited in all output from the Work and/or in any reference to the output from the Work as follows: a) for DIDB: “Copyright University of Washington 1999-2015. UW Metabolism and Transport Drug Interaction Database, accessed: …. [Fill in appropriate information]… “; and for ePKGene: “Copyright University of Washington 2010-2015. UW Pharmacogenetic Database (e-PKGene™) accessed: …. [Fill in appropriate information]…”

Disclaimers

By accessing the Site and Database, you acknowledge and agree that the Site and Database contain solely a selected compilation of publicly available literature, that the Database is not a substitute for your professional judgment. You acknowledge that the intended audience for the Database is researchers knowledgeable in drug interactions, organ impairment and pharmacogenetics, and that no clinical use of the Database is intended or allowed. 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.

UW DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. UW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY UW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST UW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

UW reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will UW be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if UW has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold UW, its officers, regents, employees, students, agents, directors, shareholders, predecessors, successors in interest, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against UW by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

UW may disclose any information we have about you (including your identity) if UW determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) UW’s rights or property, or the rights or property of visitors to or users of the Site. UW reserves the right at all times to disclose any information that UW deems necessary to comply with any applicable law, regulation, legal process or governmental request.

You acknowledge that UW is an agency of the state of Washington and has obligations to maintain public records under RCW 42.56 et seq. If UW receives a public disclosure request for your access records related to Database or Site or any part thereof, UW, at its sole discretion, can respond to the request.

You acknowledge and agree that UW may preserve any transmittal or communication by you with UW through the Site, and may also disclose such data if required to do so by law or UW determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of UW, its employees, users of or visitors to the Site, and the public.

You agree that UW may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between UW and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

If you choose to access the Site from outside the United States, you do so on your own initiative and you are
solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. UW will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. UW’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by UW of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between UW and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.