Terms of Use

Thank you for using poison.org and . Please read these Terms carefully. If you use this Web Site, you are agreeing to the Terms. This is a legal agreement.

First, an Important Health Warning:

  • If an individual collapses, has a seizure, has trouble breathing or can't be awakened, call 911 or go to the nearest emergency room.
  • For any medical or psychiatric emergency, call 911 or go to the nearest emergency room.
  • The information provided on this Web Site is not a substitute for the advice of a physician or other qualified health care professional. Always seek the advice of a physician or other qualified health care professional with any questions that you may have regarding medical symptoms or medical conditions.
  • Never disregard professional medical advice or delay seeking it because of something you read on this Web Site.

We'll start with the basics, including a few definitions that should help you understand the agreement. When we refer to this "Web Site", we're referring to poison.org and to , an online poison control web site and tool that you may have reached through the URL www.webPOISONCONTROL.org, www.poison.org or the  mobile app. This Web Site is owned and operated by the National Capital Poison Center ("NCPC").

Agreement
BY USING THIS WEB SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS WEB SITE.

Revisions, changes, and updates
We may revise the content of this Web Site or otherwise change or update the Web Site, including these Terms of Use, without notice to you. NCPC may also make improvements and/or changes in services and/or products implemented or described on this Web Site or add new features or functionality at any time without notice. We encourage you to periodically read these Terms of Use to see if there have been any changes to our policies that may affect you. Your continued use of this Web Site signifies your continued agreement to these Terms of Use as they may be revised from time to time.

Links
This Web Site may provide links to other web sites that are not owned or controlled by NCPC ("Third Party Web Sites"). NCPC provides links to Third Party Web Sites to connect you easily to additional sources of health information or third party services that may be of interest to you. We may or may not have a business relationship with the party that controls a Third Party Web Site and a link to such a site is offered only as a convenience to you.

NCPC is not responsible for the content, security or the privacy practices of Third Party Web Sites. Please review the privacy policy and any terms of use of each Third Party Web Site you visit. Unless we specifically advise you otherwise, links to Third Party Web Sites do not constitute or imply any endorsement by NCPC of those sites, the information they contain or any products or services they describe or offer.

Access, correction, and data integrity
Although we attempt to maintain the integrity and accuracy of the information on this Web Site, we make no representations, warranties or guarantees as to its correctness, completeness or accuracy. This Web Site may contain errors, inaccuracies or omissions. Also, unauthorized additions, deletions, or alterations could be made to this Web Site by third parties without our knowledge. If you believe that information found on the Web Site is inaccurate or unauthorized, please inform us by contacting our Web manager at pc@poison.org.

Use by children
This Web Site is not intended for use by children younger than 13 years of age. We do not knowingly authorize children under the age of 13 to use this Web Site. If you are under 13 years of age, then please do not use this Web Site. Talk with your parents about your medical or other concerns and what other web sites may be appropriate for you. 
Note: Parents may, and are encouraged to, use this Web Site on behalf of their children.

Privacy
Any personal information that you submit to the Web Site is governed by the NCPC privacy policy, which is posted on this Web Site. The privacy policy includes information regarding the other entities that we may furnish your information to. To the extent there is an inconsistency between these Terms of Use and the NCPC privacy policy, these Terms of Use shall govern and control.

We may also place Internet "cookies" on the computer hard drives of visitors to this Web site. Information we obtain from cookies helps us to tailor our Web site to be more helpful and efficient for our visitors. The cookie consists of a unique identifier that does not contain information about you or your personal health situation. We use two types of cookies, "session" cookies and "persistent" cookies. A session cookie is temporary, and expires after you end a session and close your Web browser. We use session cookies to help customize your experience on our site and to track your "click path" through our Web site pages. Persistent cookies remain on your hard drive after you've exited from our Web site, and we use them for several reasons. For instance, we may use persistent cookies to determine whether a user is recurrent and what search engine was used. We may place a persistent cookie on your hard drive so that the next time you visit us, you will have information available to you again. Persistent cookies will not contain any personal information about you such as personal health information.

You may have software on your computer that will allow you to decline or deactivate Internet cookies, but if you do so, some features of this site may not work properly for you. For instructions on how to remove cookies from your hard drive, go to your browser's help feature or Web site for detailed instructions. In addition, further information regarding cookies may be available on other Web sites or from your Internet service provider.

When you provide your email address on this Web Site, you consent to receive electronic communications from the  tool, including a summary of the information you have provided to us and our recommendations. You further acknowledge that like most email, the information contained in these communications may not be secure.

User participation in and use of interactive or site-related services
None of the interactive or site-related services provided by this Web Site are monitored by a physician or other qualified health care provider. All such services are computer generated using analytic software and decision algorithms. Accordingly, no patient-physician relationship is established when you use this Web Site and the Web Site does not provide diagnosis, medical care or any other patient specific medical direction. The interactive and site-related services provided by this Web Site are furnished without charge as a public service and are for your personal, non-commercial use only.

In consideration of being allowed to use the interactive and site-related services provided by this Web Site, you agree that you will undertake each of the following actions and that any failure by you to perform any of the following actions will constitute a material breach by you of these Terms of Use:

  • You will accurately identify yourself when you sign on. (Note: this does not restrict family members and friends from assisting another individual to use this Web Site).
  • You will provide accurate and complete information as and when requested by this Web Site. (Note that when using the interactive or site-related services, you must provide NCPC with all of the information requested).
  • You will follow any recommendations made to call Poison Control, call 911, or go to an emergency room.
  • You will promptly correct information that has been previously provided if there has been a material change in that information or in the status of the individual involved.
  • You will not use the interactive or site-related services for any purpose in violation of local, state, national or international laws or posted NCPC policies.
  • You will not transmit material that infringes, misappropriates or violates the intellectual property rights of others or the privacy or publicity rights of others.
  • You will not transmit material that is unlawful, obscene, defamatory, predatory of minors, threatening, harassing, abusive, slanderous or hateful to any person (including NCPC personnel) or entity as determined by NCPC in its sole discretion.
  • You will not enter false information or "fake" or "practice" cases as these will compromise our public health and hazard surveillance programs.
  • You will not use the interactive or site-related services in a way that is intended to harm, or that a reasonable person would understand would likely result in harm, to the user or others.
  • You will not collect information about others, including e-mail addresses, or otherwise attempt to access another person's case record or files.
  • You will not attempt to reverse engineer, deconstruct, derive object or source code from or otherwise misappropriate any of the interactive or site-related services or the underlying systems, software or decision algorithms that support them.
  • You will not intentionally distribute viruses, malware or other harmful computer code.

NCPC expressly reserves the right, in its sole discretion, to terminate a user's access to any interactive or site-related services and/or to any or all other areas of the Web Site for any reason whatsoever including due to any act that would constitute a breach of these Terms of Use. You agree to indemnify and hold NCPC and its licensors, suppliers, affiliates, officers, directors and employees harmless from any damages, losses, costs and expenses (including reasonable attorney's fees and court costs) that NCPC or any such person(s) may suffer or incur arising from, relating to or otherwise concerning your breach of any of your above covenants or any other terms and conditions of these Terms of Use.

Passwords
NCPC has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Web Site online password, case record or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes, case record and password; (2) authorize, monitor and control access to and use of your Web Site online account, case record and password; and (3) promptly inform the NCPC Web manager of any need to deactivate a password or account.

Disclaimers
INFORMATION FURNISHED ON THIS WEB SITE AND ANY INTERACTIVE OR SITE-RELATED SERVICES PROVIDED ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN, PHARMACIST OR OTHER HEALTHCARE PROFESSIONAL. MEDICAL INFORMATION CHANGES RAPIDLY AND NEITHER NCPC NOR ITS LICENSORS OR SUPPLIERS PROVIDE ANY ASSURANCE THAT THE CONTENT ON THIS WEB SITE OR ANY INTERACTIVE OR SITE-RELATED SERVICES COVER ALL POSSIBLE RISKS, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY GIVEN CASE OR SITUATION. THIS WEB SITE AND ITS CONTENT AND ALL INTERACTIVE AND SITE-RELATED SERVICES ARE PROVIDED "AS IS" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE, ALL INTERACTIVE AND SITE-RELATED SERVICES AND THIRD PARTY WEB SITES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE CONTENT ON THIS WEB SITE OR ANY INTERACTIVE OR SITE-RELATED SERVICES SATISFY GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION CONCERNING PRESCRIPTION DRUG PRODUCTS. THE CONTENT ON THIS WEB SITE WAS DEVELOPED FOR USE IN THE UNITED STATES AND NEITHER NCPC NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT ON THIS WEB SITE OR INTERACTIVE OR SITE-RELATED SERVICES WHEN AND IF USED IN ANY OTHER COUNTRY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NCPC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR ASSURANCE OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES ON THIS WEB SITE DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY NCPC UNLESS SPECIFICALLY STATED OTHERWISE.

LIMITATION OF LIABILITY; CHOICE OF LAW AND FORUM
NCPC AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO ON THIS WEB SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LOSSES OR DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, DISABILITY OR LOSS OF INCOME, ETC.) ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEB SITE, INTERACTIVE OR SITE-RELATED SERVICES OR PRODUCTS, CONTENT OR ANY INFORMATION CONTAINED WITHIN THE WEB SITE, AND/OR ANY THIRD PARTY WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY WHATSOEVER AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND NCPC) NCPC OR ITS LICENSORS, SUPPLIERS OR SPONSORS INCUR OR HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND NCPC (ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND SPONSORS) AGREE THAT ALL SUCH LIABILITY IN THE AGGREGATE SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL SUM OF ONE THOUSAND DOLLARS ($1000). YOU AND NCPC (ON BEHALF OF ITSELF AND ITS LICENSORS, SUPPLIERS AND SPONSORS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND NCPC (AND ITS LICENSORS, SUPPLIERS AND SPONSORS) AND REFLECTS THE FACT THAT THIS WEB SITE IS BEING PROVIDED TO YOU WITHOUT CHARGE AS A PUBLIC SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ABSENT YOUR AGREEMENT TO THESE LIMITATIONS OF LIABILITY, NCPC OR ITS LICENSORS, SUPPLIERS AND SPONSORS WOULD NOT PROVIDE THIS WEB SITE OR ITS CONTENT OR INTERACTIVE OR SITE-RELATED SERVICES TO YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE ARE GOVERNED BY THE LAW OF THE DISTRICT OF COLUMBIA WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICT OF LAWS. IF ANY VERSION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA) IS ENACTED AS PART OF THE LAW OF THE DISTRICT OF COLUMBIA, THAT STATUTE SHALL NOT GOVERN ANY ASPECT OF THESE TERMS OF USE. THE EXISTENCE OR OPERATION OF THIS WEB SITE IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED AS NCPC CONDUCTING BUSINESS IN STATES WHERE USERS ACCESS THIS WEB SITE. IN THE EVENT THAT ANY CLAIM OR DISPUTE ARISES OR IS MADE IN CONNECTION WITH OR OTHERWISE RESULTS FROM NCPC'S OPERATION OR PROVISION OF THIS WEB SITE, THE INTERACTIVE OR SITE-RELATED SERVICES PROVIDED HEREIN OR YOUR USE OF THIS WEB SITE, YOU AGREE THAT THE COURTS OF THE DISTRICT OF COLUMBIA SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND RESOLVE SUCH CLAIM OR DISPUTE, AND YOU HEREBY SUBMIT TO THE JURISDICTION OF SUCH COURTS AND AGREE THAT SUCH COURTS ARE A CONVENIENT FORUM FOR SUCH PURPOSES.

Copyrights
Except as otherwise specifically indicated, all content on this Web Site, including text, interactive responses, graphics, logos, button icons, photos, images, forms, audio, video, questions, questionnaires and software, is the property of NCPC, or its licensors or suppliers and is protected by United States and international copyright laws. NCPC allows you to view and use the Web Site solely for your personal, noncommercial use. The compilation of all content on this Web Site is the exclusive property of NCPC and is protected by United States and international copyright laws. Unless specifically authorized in writing by NCPC, any use of this content or materials, or of any content or materials contributed to this Web Site by entities other than NCPC, on any other Web Site or on any networked computer environment for any purpose is prohibited. Any rights not expressly granted by these Terms of Use are reserved by NCPC worldwide. Content, services and features are subject to change or termination without notice at the discretion of NCPC.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that content or materials appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that content or materials appearing on this Web Site infringe your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. In addition, 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 statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.copyright.gov.

In accordance with the DMCA, NCPC has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows: Director, National Capital Poison Center, 3201 New Mexico Ave, Ste 310, Washington, DC 20016. Fax: (202) 362-8377. Email: pc@poison.org.

Please note: If you materially misrepresent that online content, materials, products, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Trademarks and service marks
and the PoisonHelp logo are service marks of NCPC, its affiliates or their licensors. Other proprietary marks of NCPC or third parties may be designated as such from time to time on this Web Site through use of the TM, SM or ® symbols. Users of this Web Site are not authorized to make any use of the NCPC marks or the proprietary marks of third parties, including but not limited to, as metatags or in any other fashion that may create a false or misleading impression of affiliation or sponsorship with or by NCPC or the applicable third party.

Entire Agreement
These Terms of Use constitute the entire agreement between you and NCPC with regard to the subject matter herein, NCPC's provisions of this Web Site or the interactive or site-related services provided on the Web Site or your use of the Web site.

Last updated: July 16, 2014

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