Welcome to our website.
This Site provides access to the FormularyDecisionsSM platform (“Platform”) which is a centralized, web-based platform that connects its users to professional colleagues, tools, and information for supporting informed evidence-based decisions. The Platform is provided and offered by Xcenda, L.L.C., on behalf of itself and its affiliates (“Xcenda”, “us” or “we”) through different occurrences, including formularydecisions.com, Xcenda.com and the AMCP eDossier System, etc. (each a “Site”). Specific instances of the Platform may be made available through partners or sponsors such as the AMCP eDossier System which is operated in partnership with the Academy of Managed Care Pharmacy (“AMCP”).
Please review the Terms carefully
1. Acceptance of Terms
By accessing the Site, you agree to be subject to the Terms. If you do not agree to the Terms, you are not permitted to use the Site.
2. Description of Services
The Sites, through the Platform, allow users like you to access and manage the Services. Users on this Site may include pharmaceutical manufacturers (“Manufacturers”), health care decision makers (“HCDMs”), and professors and students at academic institutes (“Academic Users”).
The Services provide you with access to content, insights, features, tools, and resources such as educational materials, dossier information, forums, and general health care related information (“Content”). The Services and Content may also include market access solutions such as models and outcome analyzers to assist users, including HCDMs or Academic Users, in the evaluation of the clinical, economic, or humanistic outcomes associated with certain products or treatments.
HCDMs and others in the pharmaceutical or healthcare industry may use the Services in their formulary decision process. These Services allow product information to be combined with tools, other research and insights to assist you in preparing and sharing your findings and recommendations with your internal team or Pharmacy and Therapeutics committee members.
Please note that the Platform provides access to Content. Your use of certain Content, including proprietary information or Confidential Information (defined below), is governed by the license or other terms from the Content owner which are associated with such Content but is no less restrictive than when you receive that content outside the Site directly from the Content owner (e.g. Manufacturer) (the “Permitted Use”). For example, many Manufacturers have terms regarding product dossiers that allow HCDMs to use that information for their organization’s consideration for formulary inclusion. Manufacturers may also have similar terms with respect to Academic Users and their use for educational purposes.
Certain Content (“Restricted Content”) is only made available to users after they have first made an unsolicited request for such Content and have been authorized by the Content owner (e.g. Manufacturer) to receive it. This is a U.S. Food and Drug Administration (“FDA”) requirement. Restricted Content includes confidential drug or therapeutic product dossiers and related proprietary information.
We may at any time modify or discontinue, the Services (or any part thereof) and may withdraw access to Content at the request of the Content owner, with or without notice. You agree that we shall not be liable to you or to any third party in that case.
To access the Site all users will be required to provide certain information needed to ensure you are a valid user of the Platform (e.g. involved in health care decision making). In addition, in order to access Restricted Content you may be required to provide additional information in order for the pharmaceutical company to evaluate your unsolicited request for access.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration forms (such information being the "Client Data"), and maintain and promptly update your Client Data. You agree that you are provided access to this site based on, in part, your association with a particular organization (e.g. your employer). You agree to notify us when you leave your organization and to not use this Site upon leaving your organization. When you join another organization please contact us to update your access to the Site.
You agree that we may provide you with notices and communications about the Services from time to time. You may opt out of receiving these notices and communications at any time by notifying us or by using the unsubscribe mechanism in electronic notices.
4. Rewards Program
Starting in November 2018, Xcenda is introducing a rewards program for users of the AMCP eDossier System. The terms and conditions of the rewards program are found here: https://www.FormularyDecisions.com/home/points.aspx. Users may opt-out of the rewards program at any time through their user profile.
Some Content accessed through the Site is confidential in nature and your use and disclosure of it is governed by the Permitted Use. “Confidential Information” includes Content, your user ID and password, any information which relates to a particular drug, health product, or health service, including without limitation any eDossier or tool, or is marked as confidential.
Confidential Information, however, does not include information that:
i. is generally available to the public through no fault on your part;
ii. you legally already have possession of; or
iii. you legally obtain from a third party.
The Site including the Platform, Services and Content, is protected by intellectual property laws (“Protected Property”). You agree not to modify, license, sell, distribute or create derivative works of the Protected Property outside the Permitted Use.
We grant you a limited right to access and use the Site solely in connection with your use of the Services. For clarity, this does not restrict your use of Content within the scope of the Permitted Use.
Your use of third party publications or software is subject to any license terms that the third party may impose.
8. Market Research Opportunities
Xcenda may from time to time communicate with you about market research opportunities that Xcenda believes you may qualify for and wish to participate in. You can opt out of receiving these communications at any time by notifying us or by using the unsubscribe mechanism in electronic notices.
9. User Code of Conduct
You agree to be bound by the User Code of Conduct .
10. Do Not Use the Site for Reporting Adverse Events
Please note that the Site is not intended for use in reporting adverse events with respect to a drug product and you agree not to use it for this purpose. Adverse events can be reported to the FDA at http://www.fda.gov/Safety/MedWatch/HowToReport/ucm053074.htm.
XCENDA AND OUR PARTNERS (WHICH INCLUDES AMCP), AND THEIR RESPECTIVE EMPLOYEES, AGENTS, AFFILIATES, PARTNERS AND SUPPLIERS PROVIDE ALL CONTENT, SOFTWARE AND SERVICES AVAILABLE THROUGH THE SITE WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
XCENDA AND OUR PARTNERSMAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, THE SERVICES OR ANY OF THE CONTENT.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES REGARDING THE SITE, THE CONTENT, THE PLATFORM, DOSSIERS, TOOLS AND THE SERVICES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY INFORMATION PERTAINING TO A DOSSIER, ANY IMPLIED WARRANTY OF MERCHANTABLE QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE DISCLAIMED BY XCENDA AND OUR PARTNERS.
12. Limitation of Liability
XCENDA AND OUR PARTNERS, OR ANY OF THEIR PARTNERS, ASSOCIATES, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND, INCLUDING: LOSS OF PROFITS OR OTHER ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will indemnify us and our partners from any costs or damages, including reasonable legal fees arising from a third party claim arising out of your breach of these Terms or your violation of another’s rights.
If you receive compensation from Xcenda in connection with the Rewards Program or your participation in any other Xcenda program, including market research opportunities, Xcenda may require, and you agree to provide, a Form W-9 or similar tax information form as required under law or regulation. Xcenda will only request such forms if your compensation meets or exceeds the legal threshold.
15. Severability of Clauses
If a court finds any term of these Terms to be invalid, the court will give effect to the parties’ intentions as reflected in that term, and the other provisions of the Terms remain in force
16. Entire Agreement
The Terms constitute the entire agreement between you and us and our partners, regarding your use of the Site.
If Xcenda or its partners do not exercise or enforce any right under these Terms, it will not constitute a waiver of such right.
This Agreement is not transferable by you in any way and may not be assigned to any third party without written consent of Xcenda and its partners.
19. Forum Choice
The Terms will be interpreted according to the laws of the State of Delaware and the applicable laws of the United States, without regard to its conflict of laws provisions. You agree any action will be adjudicated in a court in the State of Delaware.
User Code of Conduct
You agree not to violate or attempt to violate the security of the Site. We may investigate any alleged violations and will cooperate with law enforcement agencies to the extent necessary.
Examples of violations of the security of the Site include:
- accessing data not intended for you;
- logging into a server or account which you are not authorized to access;
- attempting to test the vulnerability of a system or breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network including, via means of overloading, "flooding," "mailbombing," or "crashing"; or
- taking any action in order to obtain Services or access Content to which you are not entitled.
You agree not use the Site to create, transmit, distribute, or store material that:
- violates a trademark, copyright, trade secret or other intellectual property rights of others;
- violates the privacy, publicity or other personal rights of others;
- impairs the privacy of communications;
- contains or constitutes obscene, pornographic, offensive or inappropriate content;
- may be threatening, abusive or hateful;
- violates export control laws or regulations;
- encourages conduct that would constitute a criminal offense or give rise to civil liability;
- causes technical disturbances to the Site; or
- violates reasonable regulations of Xcenda, its partners, their affiliates, or other service providers with respect to the network or assists or permits any persons in engaging in any of the activities described above or constitutes deceptive on-line marketing.
If you become aware of any of these activities, you agree to immediately notify us.