Terms of Use (Triage App and Tool)

Thank you for using the webPOISONCONTROL® proprietary triage tool (the “Tool”) accessed through the URL webPOISONCONTROL.org, triage.webPOISONCONTROL.org, follow-up.webPOISONCONTROL.org, pill-ID.webPOISONCONTROL.org, www.poison.org or the webPOISONCONTROL® mobile application (the “App”). Please read these Terms of Use (the “Terms”) carefully. By clicking “I Agree” or by using or continuing to access the App or the Tool, you are agreeing to the Terms. This is a legal agreement.

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 in the App and Tool are 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 in the App or Tool.

The App and Tool are owned and operated by the National Capital Poison Center ("NCPC").

All other access to and use of the NCPC owned and/or operated websites, including those available at the URL poison.org and webPOISONCONTROL.org, and all other affiliated tools and apps, is governed by the NCPC Web Site Terms of Use which can be found at www.poison.org/terms-of-use-web-site. To the extent there is an inconsistency between the Terms and the Web Site Terms of Use, the Terms shall govern and control.

Agreement
BY USING APP OR TOOL, YOU AGREE TO BE BOUND BY AND SIGNIFY YOUR AGREEMENT TO THE TERMS, WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST EXIT AND DISCONTINUE ANY USE OF THE APP AND TOOL IMMEDIATELY.

High-Level Summary of Key Terms:

We have provided the following summary solely to help you understand some of the key points described in further detail in the Terms. These descriptions are not part of the Terms, and we recommend that you also carefully review the full Terms, which are included directly below this summary.  

• The App and Tool are not intended for use by children younger than 13 years of age. 
• We may make unilateral modifications to these Terms.
• Please read our Privacy Policy, which can be found at www.poison.org/privacy-policy, carefully to learn more about how we collect, use, and disclose your personal information.  
• We own the App and the Tool. You may use the App and Tool and related content only in accordance with these Terms. We may terminate your use of the App and Tool at any time, including if you misuse the App or Tool or otherwise violate these Terms.
• The App and Tool may include or link to content, applications, websites, or other services from third parties. We’re not responsible for such third party content, applications, websites, or services.
• We are not your healthcare provider and do not provide you any medical or professional advice through the App or Tool. The services provided by or through the App and Tool are computer generated using analytic software and decision algorithms, and are not monitored by a physician or other qualified health care provider. No patient-physician relationship is established when you use the App or Tool and the App and Tool do not provide diagnosis, medical treatment, medical care or any other patient-specific medical direction. 
• The content in the App and Tool was developed for use in the United States only.
• The App and Tool and related content are provided “as is” without warranties of any kind and the App and Tool and related content may contain errors, inaccuracies or omissions.  
• Our liability to you is limited in the type and amount of damages for which we may be liable under the Terms, and we aren’t responsible for damages or losses arising from your use of the App or Tool or otherwise arising from your violation of these Terms.
• If something happens based on your use of the App or Tool or because you violated the Terms, you agree to pay us for any damages we incur.
• District of Columbia law governs the Terms. Disputes will be handled in courts in the District of Columbia. 
  

Full Terms and Conditions

Use by children
The App and Tool are 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 the App or Tool. If you are under 13 years of age, you must immediately discontinue use and access of the App. We encourage you to talk with your parents about your medical or other concerns and what other web sites may be appropriate for your use. 
Note: Parents may, and are encouraged to, use this Web Site on behalf of their children.

Revisions, changes, and updates
We may revise the content of the App and Tool or otherwise change or update the App and Tool, including the Terms, without notice to you. NCPC may also make improvements and/or changes in services and/or products implemented or described in the App or Tool or add new features or functionality at any time without notice. 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 App or Tool signifies your continued agreement to be bound by the Terms as they may be revised from time to time.

Links
The App and Tool 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 for your benefit and 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 makes no representation or warranty with respect to any Third Party Web Sites or the content which is contained on such Third Party Web Sites. 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 provided by each Third-Party Web Site you visit. Unless we specifically advise you otherwise in writing, any links or other reference 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 in the App or Tool, we make no representations, warranties or guarantees as to the correctness, completeness or accuracy of any content or information in the App or Tool. The App and Tool may contain errors, inaccuracies or omissions. Unauthorized additions, deletions, or alterations could be made to the App or Tool by third parties without our knowledge, including to any of the content or information provided through the App or Tool. If you believe that information found on the App or Tool is inaccurate or unauthorized, please inform us by contacting our Web manager at pc@poison.org.

Privacy
Any personal information that you submit to the App or Tool is governed by the NCPC privacy policy which can be found at www.poison.org/privacy-policy (the “Privacy Policy”). The Privacy Policy includes information regarding the use of your information. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Terms shall govern and control.

By providing your email address in the App or Tool, 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 the information contained in any communications from NCPC or any of its affiliates may not be secure.

User participation in and use of interactive or site-related services
You acknowledge that the services provided by or through the App and Tool, including the interactive services, are not 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 the App or Tool and the App and Tool do not provide diagnosis, medical treatment, medical care or any other patient specific medical direction. The App, Tool and interactive and site-related services provided by or through the App and Tool are furnished without charge as a public service and are for your personal, non-commercial use only.

In consideration of being allowed to access and use the App, Tool and/or interactive and site-related services provided by or through the App or Tool, 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 the Terms:

• You will accurately identify yourself when you sign on. (Note: this does not restrict family members and friends from assisting another individual to use the App and Tool).
• You will provide accurate and complete information as and when requested by the App or Tool. (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 App, Tool or 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, unless you check the box "I'm just trying the tool. This is not a real case". Please note, not clicking the box will compromise our public health and hazard surveillance programs.
• You will not use the App, Tool or 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 the App, Tool or any of the interactive or site-related services or the underlying systems, software or decision algorithms that support them.
• You will not intentionally distribute bugs, viruses, malware, trojan horses or other harmful computer code.

NCPC expressly reserves the right, in its sole discretion, to terminate a user's access to the App, Tool or any interactive or site-related services and/or to any or all other areas of the App and Tool for any reason whatsoever including due to any act that would constitute a breach of the Terms. You agree to indemnify and hold NCPC and its licensors, suppliers, affiliates, officers, directors and employees harmless from any damages, losses, penalties, 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 responsibilities or covenants contained herein or any other terms and conditions of the Terms.

Accounts, Cases and 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 App or Tool 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 App and Tool 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 IN THE APP AND TOOL AND ANY INTERACTIVE OR SITE-RELATED SERVICES PROVIDED ARE NOT INTENDED TO BE MEDICAL OR 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 AFFILIATES OR THEIR LICENSORS OR SUPPLIERS PROVIDE ANY ASSURANCE THAT THE CONTENT IN THE APP AND TOOL 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. THE APP AND TOOL AND THEIR RESPECTIVE 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 THE APP, TOOL, ALL INTERACTIVE AND SITE-RELATED SERVICES AND THIRD PARTY WEB SITES. NO REPRESENTATION OR WARRANTY IS MADE THAT THE CONTENT IN THE APP OR TOOL OR ANY INTERACTIVE OR SITE-RELATED SERVICES SATISFY GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION CONCERNING PRESCRIPTION DRUG PRODUCTS. THE CONTENT IN THE APP AND TOOL WAS DEVELOPED FOR USE IN THE UNITED STATES AND NEITHER NCPC NOR ITS LICENSORS OR SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE CONTENT IN THE APP OR TOOL 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 OR BE DEEMED PROFESSIONAL OR MEDICAL ADVICE. ANY REFERENCES TO SPECIFIC PRODUCTS OR SERVICES IN THE APP OR TOOL 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 AND THEIR LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES MENTIONED OR LINKED TO IN THE APP AND TOOL 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 THE APP, TOOL, INTERACTIVE OR SITE-RELATED SERVICES OR PRODUCTS, CONTENT OR ANY INFORMATION CONTAINED WITHIN THE APP OR TOOL, 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 THE APP AND TOOL 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, SUPPLIERS AND SPONSORS WOULD NOT PROVIDE THE APP OR TOOL OR THEIR 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. 

THE TERMS 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 THE TERMS. THE EXISTENCE OR OPERATION OF THE APP AND TOOL ARE NOT INTENDED TO AND SHALL NOT BE CONSTRUED AS NCPC CONDUCTING BUSINESS IN STATES WHERE USERS ACCESS THE APP OR TOOL. 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 THE APP OR TOOL, THE INTERACTIVE OR SITE-RELATED SERVICES PROVIDED THEREIN OR YOUR USE OF THE APP OR TOOL, 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, the App, Tool and all content in the App and Tool, including text, interactive responses, graphics, logos, button icons, photos, images, forms, audio, video, questions, questionnaires and software, are the property of NCPC, or its licensors or suppliers and are protected by United States and international copyright laws. NCPC allows you to access and use the App and Tool solely for your personal, noncommercial use. The compilations of all content on the App and Tool are the exclusive property of NCPC and are 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 the App or Tool by entities other than NCPC, on any other application, site or tool or on any networked computer environment for any purpose is strictly prohibited. Any rights not expressly granted by the Terms 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 in the App or Tool 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
webPOISONCONTROL®, The Poison Post®, 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 in the App and Tool through use of the TM, SM or ® symbols. Users of the App or Tool 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
The Terms constitute the entire agreement between you and NCPC with regard to the subject matter herein, NCPC's provisions of the App and Tool or the interactive or site-related services provided in the App and Tool or your use of the App or Tool.

Last updated: December 19, 2021