This page provides the terms whereby you are permitted to access and use the USARx Application Programming Interface (the "API") and any data you receive through the API (the "USARx Content"). This page may be amended from time to time. You are responsible for ensuring that you review this page regularly.
By accessing or using any API offered by USARx or the USARx Content, you agree to be bound by the terms hereof. If you access or use the API or USARx Content on behalf of a third party (such as a company), you represent and warrant that you have the authority to act on behalf of such third party and to bind such third party to the terms hereof. If you do not have proper authority to act on behalf of a third party, or if you do not agree with these terms, do not use or utilize the API or the USARx Content.
1.Use of API
The API is made available by USARx, LLC, a New York limited liability company ("USARx") to enable you to access USARx Content and to provide such USARx Content to your customers and potential customers.
USARx reserves the right to modify or revise the API, the USARx Content, and the terms and conditions of this page, at any time in its sole and absolute discretion. Your continued use of the API or the USARx Content after the effective date of any such changes will constitute your acceptance of and agreement to such changes. If you do not agree or consent to any changes, cease use of the API and the USARx Content immediately
3.Key Registration Requirements
In order to access or use an API, you must first register for and receive a USARx API Access Key (the "Key"). You are required to accurately and completely provide all request information during the registration process. The API can only be used as specifically stated in the registration. Unless otherwise consented to by USARx, you are only granted one Key and you are responsible for any manner in which it is used. If your Key is misused, it may be cancelled and you will lose access to the API. If you contact USARx about the API, you will be required to provide your Key. You agree to keep your API Key confidential and not to share it with any third party. If your Key becomes compromised, you shall immediately notify USARx.
Within a three days of implementing your API, you are required to notify USARx and provide URL(s) and screenshot(s) of your use of the API and USARx Content on your website and/or internet-connected application for mobile devices (collectively, "Your Site"). Failure to do so may result in immediate suspension or termination of your API Key.
Subject to the terms set forth herein and on the USARx.com website in general, USARx grants you a non-exclusive, revocable, non-transferable license to (i) access and use the API to receive the USARx Content; (ii) display the USARx Content on Your Site; and (iii) reproduce and display the USARx name and logo (the "USARx Brand ") solely as required to properly label USARx Content.
You are not authorized to and not allowed to allow anyone else, whether by sublicense or otherwise to access and use the API to receive the USARx Content or to utilize the USARx Content in any way.
You may not use the API, USARx Content, or USARx Brand except as specifically provided herein without USARx's prior written consent.
You acknowledge and agree that USARx may monitor Your Site in order to confirm compliance with the API Agreement and may request information at any time to support your compliance with the API Agreement. Should you fail to provide responsive information, or if USARx, in its sole discretion, determines that you or Your Site is not complying with the API Agreement, USARx may terminate your license and invalidate your API Key with or without notice to you.
An application displaying content from the API must display a link to the USARx homepage with the text "Powered by USARx". In addition, the API provides links back to prescription drug pages on the USARx website ("API Links"), and these must be displayed next to any price results provided by the API, unless express written permission to do otherwise is received from USARx. Display of any price results provided by the API without the API Links may result in the immediate suspension or termination of your API key with or without notice to you.
USARx reserves the right to terminate your access to the API if you use the API or the USARx Content in ways that USARx determines, in its sole and absolute discretion, to be inappropriate. Inappropriate uses include, without limitation, any use of the API or the USARx Content that (i) is competitive or inconsistent with USARx's own services, (ii) aggregates, in any way, any USARx Content with third party content or (iii) fails to attribute the USARx Content appropriately to USARx.
USARx reserves the right to continually review and evaluate all uses of the API and the USARx Content, and will determine whether specific uses are permitted or not permitted in its sole discretion. USARx's failure to immediately terminate your use of the API shall in no way be construed as a waiver of its ability to terminate your Key or access to the API in the future. USARx reserves the right to demand documentation related to your use of the API and the USARx Content. Failure to timely and completely respond to such request may result in termination of your Key.
You agree that you will not, and will not assist or enable others to:
a. Cache, record, pre-fetch, or otherwise store any portion of the USARx Content, or attempt or provide a means to execute any "bulk download" operations;
b. Use the API or the USARx Content to update or create your own database of business listing or prescription drug price information;
c. Create or disclose metrics about, or perform any statistical analysis of, the API or USARx Content;
d. Use the API or the USARx Content on behalf of any third party, for example, to provide services to third parties;
e. Display the USARx Brand or USARx Content in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and USARx, other than your permitted use of the API under the terms of the API Agreement;
f. Copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API;
g. Modify, rate, rank, review, vote or comment on, or otherwise respond to the USARx Content;
h. Use the API in a manner that impacts the stability of USARx's servers or impacts the behavior of other applications using the API;
i. Display the USARx Content on any site that disparages USARx or its products or services, or infringes any USARx intellectual property or other rights;
j. Access the API to make more than 300 requests per minute referencing the same API Key (or exceed any other request limits established by USARx from time to time in its sole discretion; higher limits are only acceptable after agreement in writing from USARx);
k. Use the API to aggregate, consolidate or otherwise arrange, display or make available USARx Content in combination with any third party or any USARx competitors' content, for any commercial purpose or in any manner that USARx determines could diminish the value or integrity of its business or brand;
l. Use the API or USARx Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in USARx's sole discretion) to USARx, its providers, its suppliers, end users of this website, or your end users;
m. Use the API or USARx Content in a manner that could reasonably be interpreted to suggest that USARx is the author or entity that is responsible, in whole or in part, for the creation or development of any USARx Content or that such USARx Content represents the views of USARx;
n. Use the API or USARx Content for unlawful purposes, or in connection with or to promote any products, services or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware and/or other malicious programs or code; counterfeit goods and/or items subject to U.S. embargo; unsolicited mass distributions of e-mail ("spam"), actions intended to mislead search engines into ranking some pages higher than they would otherwise deserve ("web spam") multilevel marketing proposals, direct marketing and/or telemarketing activities; hate materials; libelous, defamatory, obscene, pornographic, abusive or otherwise offensive content; prostitution, body parts and/or bodily fluids; stolen products and/or items used for theft; hacking/surveillance/interception/descrambling equipment; fireworks, explosives and/or other hazardous materials; gambling; professional services regulated by state licensing regimes; and/or non-transferable items such as airline tickets, event tickets, weapons and/or weapons accessories, or
o. Use the API or USARx Content to market to or divert USARx customers from USARx services.
p. Use the API or USARx Content for any non-consumer function, without express written permission from USARx.
q. Use the API or USARx Content in conjunction with drug pricing from any other source, without express written permission from USARx.
The API and USARx Content and all intellectual property rights contained in therein, are the sole and exclusive property of USARx and are protected by applicable intellectual property laws and treaties (whether those rights happen to be registered or not, and wherever in the world those rights may exist.). You agree that at no time during or after the termination of the API Agreement will you attempt to register or claim that you own any trademarks or domain names that are derived from or confusingly similar to those of USARx or attempt to register or claim that you own any copyrights or other intellectual property rights in the API or the USARx Content.
USARx reserves the right, in its sole discretion (for any reason or for no reason) and at any time without notice to you, to change, suspend or discontinue the API and/or suspend or terminate your access to your Key or the API or the USARx Content. Any termination of the API will also immediately terminate the licenses granted to you hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly, and you will no longer have access to the USARx Content. Upon any termination of the API Agreement, you will promptly delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control, including without limitation, from Your Site; promptly destroy and remove from all computers, hard drives, networks and other storage media all copies of the API and/or any USARx Content.
You agree that your use of the API is at your own risk and you agree to hold harmless, defend and indemnify USARx and its subsidiaries, affiliates, officers, agents, employees and suppliers from and against any and all claims, damages, liabilities, costs and fees (including reasonable attorneys' fee) arising from, or in any way related to you or your end users' use or implementation of the API or any USARx Content. You will not agree to any settlement that imposes any obligation on USARx without USARx's prior consent.
9. No Warranties; No Support
THE API AND USARX CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" WITHOUT WARRANTY, OF ANY KIND AND AT YOUR SOLE RISK. EXCEPT TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW, USARX DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND DUTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE API AND ANY USARX CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, RESULTS OF USE, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, USARX DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE API OR ANY API KEY OR THE USARX CONTENT WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR FREE. FOR THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT THE API AGREEMENT DOES NOT ENTITLE YOU TO ANY TECHNICAL OR OTHER SUPPORT FOR THE API. NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING, OBTAINED BY YOU FROM USARX WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE API AGREEMENT.
10. Limitation of Liability
THE API IS BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT USARX SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR ACCESS TO AND USE OF THE API (OR USARX'S SUSPENSION OR TERMINATION OF SUCH ACCESS AND/OR USE) UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, CAUSES OF ACTION BASED ON TORT, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. IN NO EVENT SHALL USARX OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES AND SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER MEASURES OF INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES BASED ON LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS OR ANY DAMAGES ARISING OUT OF OR BASED UPON YOUR USE OR INABILITY TO USE THE API, EVEN IF USARX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. ANY CLAIM ARISING OUT OF OR RELATING TO THE API AGREEMENT MUST BE BROUGHT WITHIN (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IF SUCH CLAIM IS NOT FILED, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS, AND TO USARX AND ITS SUCCESSORS. NOTWITHSTANDING THE FOREGOING, USARX'S MAXIMUM LIABILITY UNDER THE API AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED US$50.00.
11. Limited Relationship
USARx and you are, and will remain, independent contractors, and nothing in the API Agreement will be construed as creating a partnership or joint venture. Although you are permitted to make public statements concerning your use of the API, you agree not to make any statements, without the prior written consent of USARx, implying a different kind of relationship between you and USARx, including any express or implied endorsement of your content, products, or services by USARx. You do not have any authority of any kind to bind USARx in any respect whatsoever.
With the exception of any separate agreements or addendums between USARx and you, this page encompasses the entire agreement between you and USARx regarding the subject matter discussed herein. This page, and any disputes arising from or relating to the interpretation thereof, will be governed by and construed under the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of New York. You also agree that, in the event you breach any provision of this page or misuse the API or USARx Content, USARx shall be entitled to obtain injunctive relief against you without the necessity of posting a bond. The failure of USARx to exercise or enforce any right or provision of this page will not constitute a waiver of such right or provision. If any provision of this page is found to be unenforceable or invalid, that provision will be replaced with terms that most closely match the intent of the provision that is not enforceable to the minimum extent necessary so that the remaining provisions will otherwise remain in full force and effect and enforceable. Your agreement with USARx is not assignable, transferable or able to be licensed or sub-licensed, in whole or in part, by you. Any attempt to do so is void. The section titles in the API Agreement are for convenience only and have no legal or contractual effect.
Sections 6, 7, 8, 9, 10, 12 and this Section 13 will survive any expiration or termination of our agreement with you for any reason.
14. Contact and Violations
Please contact USARx at [email protected] with any questions regarding the this page or to report any suspected violations.