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Terms of Use (SPI interface)

(webPOISONCONTROL® SPI/Toxicologist/Poison Center Interface)

1. Introduction

Thank you for using the webPOISONCONTROL® SPI/Toxicologist/Poison Center Interface. This proprietary interface (the “Interface”) is owned and operated by the National Capital Poison Center, a not-for-profit corporation organized and existing under the laws of the District of Columbia (“us” or “NCPC”). 

The Interface gives you access to ingredient algorithms, triage thresholds, triage recommendations, supporting data, product information, and case data from your poison center’s region. 

Subject to these Terms, you (“you”) are granted a nonexclusive license to access the Interface for the sole purpose of assisting your efforts to triage and treat poison exposure cases that are received by telephone at your poison center, public health surveillance of poison exposure cases, and poison prevention outreach (the “Permitted Purpose”).

By clicking “I agree” on the Application for Access to the Interface (the “Application”) or by using or continuing to access the Interface, you are agreeing to these Terms as may be amended from time to time. This is a legal agreement (the “Agreement”) between you and NCPC, effective as of the date you accept the terms on the Application, or the date you otherwise receive a login to the Interface, whichever is earlier (the “Effective Date”). If you do not agree to the Terms, you must discontinue any use of the Interface immediately.

2. Scope of Agreement

  • 2.1 These Terms apply to all NCPC’s tools and products incorporated in or associated with the webPOISONCONTROL® SPI/Toxicologist/Poison Center Interface, including without limitation, the webPOISONCONTROL® website, triage tool and mobile application and the content thereon, the poison.org website, the “Calculate it for Me” application, the webPOISONCONTROL® follow-up module; the “Algorithms and Substances” interface, the webPOISONCONTROL® Geo Data Analysis Dashboard and the public webPOISONCONTROL® Data Analysis Dashboard, the webPOISONCONTROL® databases, webPOISONCONTROL® triage algorithms and poison case data reported by individuals to NCPC or its affiliates, and other data, analytic tools, and features accessed through this interface, websites and mobile applications (the “Licensed Solutions”).

  • 2.2. We may change, modify, update and improve the interface, applications, tools and other parts of Licensed Solutions, add or remove features, services or functionality at any time without notice to you. We may update these Terms at any time, and we encourage you to periodically read the Terms to see if there have been any changes to our policies that may affect you. Your continued use of the Licensed Solutions or any part thereof signifies your continued agreement to be bound by the Terms as they may be revised from time to time.

3. Your User Account

  • 3.1. To access the Licensed Solutions, you will need to submit an Application to us through this form: [https://www.surveymonkey.com/r/webPCforPCs], and, in particular, you will need to supply your name, poison center you practice in, your title and degree, and your email address (“User Information”). NCPC has the right to approve or reject your Application for any reason or no reason. If your application is approved, NCPC will create a user account for you ("User Account") and will supply you with an initial password which you may change at your discretion. You must keep your password confidential. You are responsible for all use of your User Account.

  • 3.2. You shall not cause or permit any usernames, passwords and any other login credentials to your User Account to be used by any other person or entity. You are responsible for maintaining adequate security and control of all information and devices that you use to access the User Account, including access to the third-party accounts you used to sign into the User Account. Any dissemination of login credentials with respect to your User Account may lead to the suspension or termination of your access without reimbursement of any costs. We assume no responsibility for any loss that you may sustain due to compromise of your device or your User Account as well as providing access to any third party to your User Account.

  • 3.3. By using the Interface and Licensed Solutions, you represent and warrant that: (a) all User Information you submit is and will remain truthful and accurate; (b) you will maintain the accuracy of such User Information; (c) you are 18 years of age or older and you are practicing in a poison center; and (d) your use of the Licensed Solution does not violate any applicable law, regulation or contract binding on you.

4. Your Use of Licensed Solutions

  • 4.1. When using the Licensed Solutions or any part thereof, you agree:

    • (a) to use the Licensed Solutions only for the Permitted Purpose;

    • (b) to refrain from downloading or using any personal health information provided in connection with the relevant poison exposure case, including, without limitation, any e-mail address, unless you take over the management of such poison case in accordance with Section 4.2 below; 

    • (c) to contact:

      • (i) the Reporting Person for such poison exposure case only if the case is reported directly by the Reporting Person to your poison center;

      • (ii) the Subject for such poison exposure case only if the case is reported directly by the Subject to your poison center;

    • (d) to only use the current active version of the decision algorithms available through the Licensed Solutions and refrain from using printed or archived versions of such algorithms;

    • (e) to refrain from prohibited or illegal activity, including, but not limited to:

      • (i) using the Licensed Solutions in connection with any criminal or tortious activity or fraud, 

      • (ii) committing any copyright infringement, patent infringement, trademark infringement, or theft of trade secrets; 

      • (iii) using any information obtained from the Licensed Solutions in order to contact, advertise to, solicit, or sell to any third party, without NCPC’s prior explicit consent;

      • (iv) engaging in any automated use of the systems operated by NCPC;

      • (v) interfering with, disrupting, or creating an undue burden on NCPC or the networks or services connected to NCPC;

      • (vi) attempting to impersonate another user or person;

      • (vii) using the username of another user;

      • (viii) selling or otherwise transferring your User Account;

      • (ix) using any information obtained from the Licensed Solution in order to harass, abuse, or harm another person or to 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;

      • (x) using the Licensed Solutions for any purpose in violation of local, state, national or international laws or NCPC policies;

      • (xi) intentionally distributing bugs, viruses, malware, trojan horses or other harmful computer code.

  • 4.2. You have the right, but not the obligation, to take over the management of the poison exposure case if it is reported by a Reporting Person directly to your poison center. If you exercise this right, you must provide electronic notification through the Licensed Solution to indicate that you or your poison center have taken over management of the case. Taking over management suppresses further automated follow-up notifications to the user that would have been sent through the webPOISONCONTROL® follow-up module.

  • 4.3. For the purposes of these Terms a “Subject” shall mean the individual that is the subject of the poison exposure case reported to NCPC or to your poison center. The “Reporting Person” shall mean the individual that reports a poison case to NCPC or to your poison center. The Reporting Person may be the Subject of such poison case or another individual (e.g., a parent or healthcare provider of the Subject).

5. Intellectual Property

  • 5.1. Subject to these Terms, NCPC hereby grants to you a non-exclusive, non-transferable and non-sublicenseable license to access and use the Licensed Solutions in accordance with any documentation provided therewith solely for the Permitted Purpose.

  • 5.2. webPOISONCONTROL® and The Poison Post® are service marks of NCPC. Other proprietary marks of NCPC or third parties may be designated as such from time to time in the Licensed Solutions through use of the TM, SM or ® symbols. You 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.

  • 5.3. The Licensed Solutions (and all trademarks and goodwill related thereto) are, and shall at all times be, exclusively owned by NCPC, and nothing in these Terms grants you or any third party any ownership interest therein or thereto. If you are ever deemed to be the owner of any part of the Licensed Solutions or any intellectual property rights therein or thereto, you hereby irrevocably and exclusively assign to NCPC all right, title and interest in and to such part of Licensed Solutions and the intellectual property rights therein or thereto. To the extent that any applicable law prohibits or limits such assignment, you hereby grant to NCPC an exclusive, irrevocable, royalty-free, fully paid-up, transferable, sublicensable (including through multiple tiers), worldwide right and license to access and use such part of the Licensed Solutions. Upon NCPC’s request, you shall take all such other actions, including, without limitation, the execution and delivery of documents in recordable form, as may be reasonably necessary to vest, secure and perfect the rights and interests of NCPC in and to such part of the Licensed Solutions.

  • 5.4. Except as expressly permitted by these Terms or otherwise approved in writing by NCPC, you shall have no right to, and shall refrain from, using the Licensed Solutions: (a) on behalf of a third party; (b) for any evaluation or testing purposes with respect to the performance of the Licensed Solutions; (c) to develop or enable others to develop a competitive product or service; (d) to reverse engineer, prepare derivative works from, deconstruct, modify, derive object or source code from or otherwise misappropriate any portion of the Licensed  Solution, including, without limitation, the decision algorithms that support any part thereof; (e) in any service bureau arrangement or to provide data extraction services to third parties; or (f) to enter false information or “fake” or “practice” poison cases, unless the latter are marked “not a real case”.

  • 5.5. You shall not, and shall not cause or permit any third party to: (a) copy, distribute, reproduce, sublicense, transfer, sell or otherwise commercialize any portion of the Licensed Solutions; (b) alter, amend, modify, or change in any respect, any of the Licensed Solutions; (c) remove or alter any copyright, trademark, or other proprietary notices, legends, symbols or labels appearing on or in the Licensed Solutions; (d) use the Licensed Solutions for any purpose other than a Permitted Purpose in accordance with these Terms, including, without limitation, for any commercial purpose, or any unlawful or unauthorized use or purpose or in violation of any third party rights; (e) use the Licensed Solution in any way that deviates from the permitted use described in any documentation provided therewith; (f) disparage or undermine any component of the Licensed Solutions.

  • 5.6. You shall not: (a) assert rights in any NCPC’s trademark, or challenge the distinctiveness of any such trademark, the validity of NCPC’s rights in and to any trademark or any application for registration thereof, or any trademark registrations thereof in any jurisdiction; (b) use any trademark in a manner which could, in the reasonable opinion of NCPC, dilute NCPC’s rights therein, or which could otherwise prejudice or invalidate a registration or application for registration of any of the trademarks; (c) apply to register or register any trademark or any trade name, trademark, service mark, domain name or logo that is confusingly similar to any NCPC trademark, without NCPC’s prior written consent; or (d) use or adopt any trade name, trademark, service mark, domain name or logo that is confusingly similar to any NCPC’s trademark, without NCPC’s prior written consent.

  • 5.7. You hereby assign to NCPC, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in any content submitted for inclusion in NCPC’s algorithms or Licensed Solutions content, or in any comments, feedback, suggestions, ideas, enhancement requests, recommendations or other similar materials or information provided by you to NCPC (collectively, “Submissions”). NCPC will be entitled to, but is not obligated to, use any Submission for any purpose whatsoever without restriction and without compensating you or any third party in any way, and by submitting any such Submission, you represent and warrant to NCPC that you have the authority to provide such Submission to NCPC without requiring any consent or approval of, registration or filing with, or any other action by, any third party, except such as have been obtained or made and are in full force and effect.

  • 5.8. Other than as expressly set forth in this Section 5, you shall have no other rights to the Licensed Solutions. Any rights not expressly granted to you in these Terms shall be retained by NCPC. 

  • 5.9. You agree to notify the NCPC by email at pc@poison.org of any content and technical errors with respect to the Licensed Solutions immediately upon detection thereof.

  • 5.10. You shall promptly notify NCPC in writing upon becoming aware of any infringement of NCPC's rights in any of the Licensed Solutions or NCPC’s trademarks or if any third party asserts that your use of the Licensed Solutions constitutes unauthorized use or infringement. NCPC has the exclusive right, but not the obligation, to enforce its rights against any third party infringement and to defend your right to use the Licensed Solutions, and you shall assist NCPC therewith. NCPC shall retain the award of any damages.

6. Suspension and Termination

  • 6.1. You may close your User Account any time to NCPC for any reason or no reason at all by sending an email to NCPC at pc@poison.org. 

  • 6.2. NCPC may suspend or close your User Account any time for any reason or no reason at all by notice to you to the email address indicated in your User Account. In particular, and without limiting other rights granted to NCPC under these Terms, NCPC may terminate your User Account if:

    • (a) you permit another person to access your User Account;

    • (b) you are no longer employed in a poison center;

    • (c) you copy or distribute the Licensed Solutions or any content available in it in breach of these Terms. 

  • 6.3. Upon closure of your User Account the agreement between you and NCPC and the licenses set forth herein shall automatically terminate and you shall immediately: (a) cease access and use of the Licensed Solutions, (b) return to NCPC, or at NCPC’s option destroy, all tangible or electronic copies of the Confidential Information (as defined below) in your possession or control except that you shall have the right to retain a copy of any case data already downloaded and incorporated into your poison center’s electronic case record system. 

  • 6.4. Notwithstanding Section 6.3, Sections 2, 5 - 10 shall survive any termination of the Agreement between you and NCPC. The closure of your User Account and the termination of the Agreement between you and NCPC shall not release any party from any obligations under these Terms which accrued prior to such termination. 

  • 6.5. Third Party Software.  Certain third party proprietary software and data are provided by NCPC together with the Licensed Solutions pursuant to certain third party licenses and notices provided with the Licensed Solutions, (“Third Party Software”). This Agreement does not grant you any right to use the Third Party Software other than through the Licensed Solutions, nor does NCPC make any representation or warranty regarding such Third Party Software. The use of parts of Licensed Solution that include Third Party Software may be subject to additional terms. In particular, and without limiting the generality of the foregoing, you understand and agree to be bound by the terms of use of webPOISONCONTROL® Geo Data Analysis Dashboard available at  https://www.poison.org/terms-of-use-webpoisoncontrol-geo-data-analysis-dashboard.  

7. Confidentiality

  • 7.1. “Confidential Information” shall mean: (a) these Terms; (b) the Licensed Solutions, including, without limitation, any and all information relating thereto or contained therein, such as the case data and any personally identifiable information contained therein, the content of all algorithms, all product information, and application methodology; and (c) any other confidential or proprietary information disclosed by or on behalf of NCPC to you, in any format or medium, in connection with your use of the Licensed Solutions. The obligations of confidentiality and non-use set forth in this Section 7 shall not apply to any Confidential Information that: 

    • (a) at the time of disclosure hereunder is in the public domain or thereafter becomes part of the public domain through no fault of yourself; 

    • (b) at the time of disclosure hereunder is already in your possession without any direct or indirect obligation of confidentiality; 

    • (c) is disclosed to you by a third party without any direct or indirect obligation of confidentiality to NCPC with respect to such disclosure; or 

    • (d) is independently developed by you without any use or reference to other Confidential Information or Licensed Solutions.

  • 7.2. You shall (a) not disclose any Confidential Information to a third party without the prior written consent of NCPC, except as necessary to exercise its rights and perform its obligations under these Terms or as otherwise expressly permitted by these Terms; and (b) use Confidential Information only in connection with the Permitted Purpose.  

  • 7.3. You may disclose Confidential Information to the extent required to do so by applicable law or judicial or governmental order; provided, however, that you shall give NCPC written notice reasonably prior to disclosure and shall assist NCPC in obtaining a protective order or other appropriate relief with respect to such disclosure, and in the absence thereof will seek confidential treatment for such disclosure. Any Confidential Information so disclosed shall, notwithstanding the disclosure permitted hereunder, continue to be treated as Confidential Information hereunder.  

  • 7.4. You acknowledge that NCPC may have no adequate remedy at law should you breach your obligations under this Section 7 and you agree that NCPC shall be entitled to enforce its rights under this Section 7 by seeking to obtain appropriate equitable relief including a temporary restraining order and an injunction (without the necessity of posting any bond or surety), in addition to any other remedy available to NCPC under these Terms, at law or in equity.

  • 7.5. You acknowledge that you may obtain or have access to personal data and information, including without limitation Protected Health Information (as hereinafter defined) and other personal health and medical information (collectively, “Personal Information”), in connection with your access to and use of the Licensed Solutions. “Protected Health Information” has the meaning set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, 45 C.F.R. Parts 160-164. All such Personal Information, including Personal Information contained in or comprising the case data, shall be deemed Confidential Information. You shall collect, handle, store, process and disclose such Personal Information in compliance with all applicable laws. You shall comply with appropriate measures to protect such Personal Information from unauthorized use or disclosure set by your respective poison center. Notwithstanding the above, you may disclose de-identified case data, which is stripped of personally identifiable information, to (i) America’s Poison Centers National Poison Data System or (ii) any federal, state or local regulatory agency or public health entity.

  • 7.6. You shall promptly notify NCPC in writing upon becoming aware of any violation of applicable laws or regulations relating to the use or disclosure of such Personal Information and shall assist NCPC in complying with any obligations to notify affected individuals, governmental or regulatory authorities or other parties.  

8. Disclaimers

  • 8.1. INFORMATION FURNISHED IN THE LICENSED SOLUTIONS ARE NOT INTENDED TO BE PROFESSIONAL ADVICE AND ARE NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. MEDICAL INFORMATION CHANGES RAPIDLY AND NEITHER NCPC NOR ITS LICENSORS OR VENDORS PROVIDE ANY ASSURANCE THAT THE CONTENT OF THE LICENSED SOLUTIONS COVERS ALL POSSIBLE RISKS, DIRECTIONS, PRECAUTIONS, DRUG INTERACTIONS OR ADVERSE EFFECTS THAT MAY BE ASSOCIATED WITH ANY GIVEN CASE OR SITUATION.  
    8.2. NCPC MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS. THE LICENSED SOLUTIONS 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. NCPC DOES NOT WARRANT THAT THE LICENSED SOLUTIONS WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION OR THAT THE LICENSED SOLUTIONS WILL ACHIEVE THE RESULTS INTENDED BY YOU. NCPC DOES NOT MAKE ANY WARRANTY, AND NCPC SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY, WITH RESPECT TO (A) THE ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, PERFORMANCE, UPTIME OR CONTINUED AVAILABILITY OF THE LICENSED SOLUTIONS, AND (B) ANY DELAYS, MALFUNCTIONS, OMISSIONS, OR INTERRUPTIONS RELATING TO YOUR ACCESS OR USE OF THE LICENSED SOLUTIONS. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY, QUALITY, LEGALITY, RELIABILITY, APPROPRIATENESS AND COPYRIGHT OF ALL DATA OR OTHER INFORMATION PROVIDED BY YOU TO NCPC FOR USE IN CONNECTION WITH THE LICENSED SOLUTIONS.

  • 8.3. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE LICENSED SOLUTIONS. NO REPRESENTATION OR WARRANTY IS MADE THAT THE CONTENT OF THE LICENSED SOLUTIONS OR ANY INTERACTIVE OR SITE-RELATED SERVICES SATISFY GOVERNMENTAL REGULATIONS IN ANY COUNTRY, INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION CONCERNING PRESCRIPTION DRUG PRODUCTS. THE LICENSED SOLUTIONS WERE DEVELOPED FOR USE IN THE UNITED STATES AND NEITHER NCPC NOR ITS LICENSORS OR VENDORS MAKE ANY REPRESENTATION OR WARRANTY CONCERNING THE LICENSED SOLUTIONS 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 REPRESENTATION, WARRANTY OR ASSURANCE OF ANY KIND. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES WITHIN THE LICENSED SOLUTIONS DO NOT CONSTITUTE OR IMPLY A RECOMMENDATION OR ENDORSEMENT BY NCPC UNLESS EXPRESSLY STATED OTHERWISE.  

  • 8.4. YOU ACKNOWLEDGE AND AGREE THAT NCPC PROVIDES THE ACCESS TO THE LICENSED SOLUTIONS TO YOU IN YOUR PROFESSIONAL CAPACITY AS AN EMPLOYEE, CONTRACTOR, STAFF OR CONSULTANT OF AN ACCREDITED OR GOVERNMENT-DESIGNATED POISON CENTER AND NOT AS A CONSUMER. YOU FURTHER EXPRESSLY ACKNOWLEDGE AND AGREE THAT CONSUMER PROTECTION LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION DO NOT APPLY TO YOUR RELATIONS WITH NCPC.

  • 8.5. THE FOREGOING DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND SUCH FOREGOING EXCLUSIONS MAY NOT APPLY.

9. Limitation of liability

  • 9.1. IN NO EVENT SHALL NCPC OR ANY OF ITS AFFILIATES, LICENSORS OR VENDORS BE LIABLE TO YOU 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, LOSS OF BUSINESS OR DAMAGES BASED ON INJURY TO PERSON OR PROPERTY) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY WHATSOEVER AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SUCH FOREGOING EXCLUSION OR LIMITATION MAY NOT APPLY.

  • 9.2. IF, NOTWITHSTANDING THE OTHER TERMS AND CONDITIONS OF THESE TERMS (OR ANY OTHER AGREEMENT BETWEEN THE PARTIES) NCPC OR ITS LICENSORS OR VENDORS INCUR OR HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, THE PARTIES AGREE THAT ALL SUCH LIABILITY IN THE AGGREGATE SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL SUM OF ONE THOUSAND DOLLARS ($1000). THE PARTIES AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN THEM AND REFLECTS THE FACT THAT THE LICENSED SOLUTIONS ARE 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 OR VENDORS WOULD NOT PROVIDE THE LICENSED SOLUTIONS OR ANY CONTENT THEREIN OR ANY OF THE INTERACTIVE OR SITE-RELATED SERVICES TO YOU.  

10. Miscellaneous 

  • 10.1. Independent Parties.  The parties to this Agreement are independent contractors with respect to each other. Nothing contained in this Agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between you and NCPC.

  • 10.2. Notices.  Any notice or other communication required or permitted in this Agreement shall be in writing, shall be delivered: 

    • (a) If to you: to the email address set forth in the Application;

    • (b) If to NCPC: to the following address pc@poison.org;

    • and shall be deemed to be properly given with confirmation of receipt. You may change your notice address by emailing NCPC at pc@poison.org.

  • 10.3. Choice of law.  Unless prohibited by applicable law, this Agreement is governed by the laws of the District of Columbia without regard to its principles of conflicts of law. 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 this Agreement. The Federal courts of the District of Columbia shall have exclusive jurisdiction to hear and resolve any claim or dispute arising out of this Agreement, and the parties hereby submit to the jurisdiction of such courts and agree that such courts are a convenient forum for such purposes.

  • 10.4. No waiver.  None of the conditions of this Agreement shall be considered waived unless such waiver is in writing and signed by both parties. No such waiver shall be a waiver of any past or future default, breach or modification of any of the conditions of this Agreement unless expressly stipulated in such waiver.  

  • 10.5. Severability.  If any provision of this Agreement should be found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

  • 10.6. Other Terms. You acknowledge and agree that your use of the Licensed Solutions may be subject to other terms including any agreement between NCPC and your poison center, webPOISONCONTROL® Terms of Use posted on the website (https://www.poison.org/terms-of-use-web-site), and the Terms of Use for the webPOISONCONTROL® Geo Data Anaysis Dashboard (https://www.poison.org/terms-of-use-webpoisoncontrol-geo-data-analysis-dashboard). In the event of conflict or inconsistency between the provisions of this Agreement, the contract between NCPC and your poison center and any other terms related to the use of the Licensed Solutions, the following order of precedence shall apply, except as expressly stated otherwise, and only in so far as is necessary to resolve that conflict or inconsistency:

    • the terms of the agreement between NCPC and your poison center;

    • this Agreement;

    • any other terms of use or terms of service relevant to the Licensed Solutions.

  • 10.7. Compliance with laws.  You shall comply with all applicable laws and regulations, as well as contractual obligations binding on you in connection with the use of the Licensed Solutions.  

  • 10.8. Assignment.  This Agreement may not be assigned, in whole or part, whether voluntarily, by operation of law, or otherwise.  

  • 10.9. Amendment.  NCPC may amend these Terms at any time by posting an amended version of these Terms here: https://www.poison.org/terms-of-use-SPI-and-poison-center-interface.

Last updated: January 15, 2026