DrPEN®
The DrPEN® Directory
The DrPEN® Patient Guides
The DrPEN® Research Reports
Medical Librarian Service
1. What we are:
The DrPEN® website and The DrPEN® Directories and
The DrPEN® Patient Guides together form a service that
provides a quick and simple means for physicians to guide
patients to information already located on the Web about various
medical diseases and conditions. The DrPEN® Directories
consist of booklets that contain a directory of such sites
(the "Booklet") and this Website (the "Website").
The DrPEN® Patient Guides are used together with the The
DrPEN® Research Reports to teach patients how to follow
their physician’s plan of care and provides an electronic
file of patient education information related to a specific
medical condition in Portable Document Format (pdf). The DrPEN®
Directories provide short form web links for linking to information
on other websites, and this Website serves as a means of distributing
traffic to those websites. DrPEN® and the Medical Librarian
Service provide an opportunity to order detailed reports on
specific medical conditions prepared by an experienced medical
researcher. Overall, this combination of the Booklets, the
DrPEN® Patient Guides, The DrPEN® Research Reports,
and the Medical Librarian Service and this Website is the
"Program."
2. Where we are:
DrPEN, Inc. ("DrPEN") provides the Program. DrPEN's
mailing address is DrPEN, Inc., P.O. Box 29040, Richmond,
VA 23242-0040 and its e-mail address is mail@drpen.com. Any notices to DrPEN
shall be directed to that address and e-mail address. Our
fax number is (804) 740-1988 and our voice-mail number is
(804) 740-1878.
3. PLEASE READ THIS:
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCESSING
OR USING THE PROGRAM. IT IS A BINDING AGREEMENT BETWEEN YOU
AND DrPEN.
4. By accessing or using the Program, you agree to be bound
by the terms, conditions and disclaimers on this page and
on the site. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS,
CONDITIONS AND DISCLAIMERS, PLEASE DO NOT USE THIS SERVICE.
IN THAT EVENT, IF YOU HAVE PURCHASED A COPY OF THE BOOKLET,
YOU MAY RETURN THAT BOOKLET TO DrPEN FOR A REFUND OF YOUR
PURCHASE PRICE AND REASONABLE MAILING COST OF RETURNING IT
TO DrPEN.
5. Our Privacy Policy: DrPEN believes strongly
in preserving and not interfering with the direct doctor-patient
relationship, and in preserving the privacy of every person's
individual health status. Below is the policy that DrPEN follows
on privacy:
6. IMPORTANT DISCLAIMERS AND LIMITATIONS ON DrPEN'S LIABILITY:
A. Information Collected. We intend to gather
and store information from this Website (or from any other
contact you have with DrPEN) in only two ways. First, if you
purchase a copy of The DrPEN® Directory, you will be added
to our database of purchasers. Second, if you purchase the
Medical Librarian Service, DrPEN will register you by asking
for and storing your name, e-mail address, a description of
the report requested, and a username and password chosen by
or assigned to you. (Collectively, these two methods create
"Registration Data.") When you purchase the Medical
Librarian Service you will also be added to our database of
purchasers. Aside from these methods, we keep no other database
of users or subscribers. We only place cookies on your computer
when you use DrPEN’s on-line store or order a custom
research report from the Medical Librarian Service. We do
not remotely detect information about your computer.
B. Changes to your Registration Data. Should
your Registration Data ever change, please notify us by e-mail
at mail@drpen.com or by sending a written request to our post
office box, provided above.
C. Distribution Privacy. If we choose to
send an e-mail message to you regarding an opportunity to
purchase the next hard copy edition of The DrPEN® Directory
or to renew a subscription to an advanced feature of this
site, we send that e-mail only to the address that you provide
to us, and do not copy your e-mail to anyone else. In connection
with the Medical Librarian Service, we will send the requested
report only to the e-mail address that you provide us, without
copy to anyone else.
D. Confidentiality. We will not sell, rent,
swap, or license your Registration Data to anyone outside
of DrPEN except as necessary to make the Website perform and
to deliver a new copy of the Booklet to you if you order one.
Also, subject to the exception in the previous sentence, we
will not disclose your identity in connection with your purchasing
a copy of The DrPEN® Directory, or your requesting a report
through our Medical Librarian Service, or your online registration
with DrPEN to anyone outside of DrPEN.
E. No Doctor-Patient Relationship. Your being
in our database or requesting a report from our Medical Librarian
Service does not create a doctor-patient relationship. If
we gather Registration Data from you, doing so does not create
any doctor-patient relationship. Please direct any questions
about your medical condition to your doctor, and rely only
on your doctor's advice.
F. Use of Registration Data. We will use
your Registration Data only to contact you about either an
opportunity to purchase the next hard copy edition of The
DrPEN® Directory or to renew a subscription to an advanced
feature of this site or to e-mail you about our Medical Librarian
Service. You can opt out of receiving these reminders, and
in that case, we will not contact you even for these purposes.
Of course, if you do opt out, you will not be advised of when
the next hard copy edition of The DrPEN® Directory is
published or when any online subscription is about to expire.
G. Opting Out of Our Registration Database.
You may opt out of our registration database by sending an
e-mail to DrPEN at mail@drpen.com or by sending a written
request to opt out to our post office box, provided above.
Once we have finished processing your opt-out, we will delete
your information from our registration database and not contact
you again for any purpose unless you request that we do so.
H. No Liability for Acts of Third Parties. We
will use all reasonable efforts to safeguard the confidentiality
of the Registration Data. Nonetheless, transmissions made
by means of the Internet cannot be made absolutely secure
by us, since we do not control the Internet. We disclaim any
liability for disclosure of Registration Data due to errors
in transmission by third parties or unauthorized acts of third
parties.
I. Changes to this Privacy Policy. We may
change this Privacy Policy in the future. Any changes will
be effective upon the posting of a revised privacy policy
on this Website. If you have provided Registration Data to
us and not opted out of the registration database, we also
will attempt notify you via the e-mail address that you have
provided to us. At that time, we will attempt to give you
the opportunity to opt out of our registration database and
any new uses of your personal identifying information before
the change takes effect.
7. Modifications to this Agreement: DrPEN
may modify this agreement at any time. Such modification shall
be effective immediately upon either the posting of the modified
agreement on this Website, or by DrPEN's attempting to notify
you by any e-mail address that you have provided to DrPEN
during registration (which attempt may not be successful).
You agree to review this Web page periodically to be aware
of such modifications. Your continued access to or use of
the Program shall be deemed your conclusive acceptance of
modifications to this agreement.
8. Your Connection to this Website: You are
responsible for providing all personal computer and communications
equipment necessary to gain access to this Website. You are
responsible for all telephone charges for connecting to this
Website. Any dispute or problem regarding phone service is
strictly between you and your local phone company or long
distance service provider.
9. You are solely responsible for any charges incurred with
your healthcare provider for that healthcare provider's responding
to communications from or to you or anyone else based upon
information gained though your use of the Program.
10. DrPEN's Copyrights, Trademarks and Other Proprietary
Rights. DrPEN owns the trademarks DrPEN® and
The DrPEN® Directory (and the DrPEN logo), The Labcoat
Librarian®, DXCODES™ and other marks used in the
Program. It also owns the trade dress of the Booklet and this
Website. DrPEN also owns the copyrights to the Booklet and
this Website. These copyrights include DrPEN's selection of
the websites to which links are provided for individual medical
diseases or conditions. DrPEN's copyrights also include the
design of its Booklet and this Website, including all text
and original graphics, and the selection and arrangement of
the Booklet and this site. No copyrightable material displayed
in the Booklet or this Website may be copied, displayed, distributed,
published, or transmitted without the written permission of
DrPEN. No user may remove, alter or cover any copyright or
other proprietary notices placed in the Booklet or on this
site.
11. DrPEN does not claim a copyright in any other material
contained on other websites to which links are provided by
the Program. Also, DrPEN is not affiliated with or sponsored
by these other websites.
12. General. This Agreement contains the
entire agreement between the user and DrPEN regarding the
Program, and replaces all prior or contemporaneous representations,
understandings or agreements. IN THE EVENT THAT ANY TERM ON
THIS WEB PAGE CONFLICTS WITH ANY STATEMENT MADE ON ANY OTHER
PAGE OF THIS WEBSITE, THE TERM ON THIS PAGE CONTROLS. This
Agreement may be modified only upon notice provided by DrPEN
by the means described above, or by a writing signed by both
a user and an authorized official of DrPEN. Unless otherwise
explicitly stated, the provisions contained herein will survive
termination of the user's access to and use of the Program.
This agreement shall be governed by the laws of the Commonwealth
of Virginia, without regard of conflict of laws rules. Any
litigation arising from or related to this Agreement shall
be instituted and maintained only in the Circuit Court for
the County of Henrico or the United States District Court
for the Eastern District of Virginia. You agree that you hereby
waive your right to a jury in any such trial.