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PfizerForAll Supplemental Terms of Use
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Thank you for using PfizerForAll. PfizerForAll.com (“PfizerForAll”) is a website that provides patients and caregivers in the United States with education, resources and tools to better understand their condition, diagnosis, prepare for and seek care, and connect with support groups and financial assistance for select Pfizer medications. Adults 18 or older can check their eligibility for, find information on and schedule certain vaccinations with third-party healthcare providers, including without limitation pharmacies and physicians, physician assistants, and nurse practitioners practicing on their own, in provider groups or who are employed by, and/or contracted by pharmacies (collectively, “HCPs”). PfizerForAll makes website features and content including, without limitation, all content, features, search tools, functionality, scheduling pages, programs, applications, products or services provided in or through the website (including those integrated into the website and maintained on behalf of third parties) available to you when you visit PfizerForAll.com (collectively, “PfizerForAll Services”).
These Supplemental Terms of Use supplement the terms and conditions set forth in the Pfizer Terms of Use and Pfizer Privacy Notice, and all of these documents together are a legal agreement (collectively, the “Agreement”) between you (an individual) and Pfizer, Inc. (“Pfizer”) for your use of the PfizerForAll Services. By using the PfizerForAll Services, you are agreeing to be bound by the terms of the Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE, YOU SHOULD NOT USE OR VISIT THE WEBSITE; INSTEAD, YOU MAY WORK DIRECTLY WITH PARTICIPATING HCPS.
The PfizerForAll Services and any information pertaining to Pfizer products are designed and intended for use only by residents of the United States. USE OF THE WEBSITE BY ANYONE UNDER 18 IS PROHIBITED. BY USING THE PFIZERFORALL WEBSITE YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE A RESIDENT OF THE UNITED STATES.
License and Access
Subject to your compliance with the Agreement, Pfizer grants you a limited, non-exclusive, non- transferable, non-sublicensable license to access and make personal and non-commercial use of the PfizerForAll Services. This license does not include any resale or commercial use of any PfizerForAll Services, or its contents; any derivative use of any PfizerForAll Services or its contents; any downloading, copying, or other use for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Agreement are reserved and retained by Pfizer or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the PfizerForAll Services, nor any part of any PfizerForAll Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pfizer. You may not frame or utilize framing techniques to enclose the PfizerForAll Services, website or any trademark, logo, or other information (including images, text, page layout, or form) of Pfizer without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pfizer's name or trademarks without the express written consent of Pfizer. You may not misuse the PfizerForAll Services. You may use the PfizerForAll Services only as permitted by law. Any violation of the rights of Pfizer and/or its licensors will subject you to prosecution and damages. The terms of the license will govern any upgrades to the PfizerForAll Services that replace and/or supplement the original website, unless such update is accompanied by a separate license in which case the terms of that license will govern.
If you use the PfizerForAll Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual).
Termination
The license is effective until terminated by you or Pfizer. Pfizer may terminate the license for any reason at any time, with or without notice. Your rights under this license will terminate automatically without notice from Pfizer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the PfizerForAll Services.
Privacy Notice
Pfizer respects your privacy. You may be asked, or choose, to provide personal information in connection with your use of the website. Please click here to view our Privacy Policy, which is incorporated herein by reference and governs our use of personal information. By visiting this website, you acknowledge that you have read and understand the terms of the Privacy Policy.
Not Professional Medical Advice or Treatment
While the PfizerForAll Services may contain general information relating to health care, some of which may concern medical conditions and the treatment of certain medical conditions, Pfizer is not a medical provider and does not purport to offer medical advice, diagnosis, or treatment through PfizerForAll or the PfizerForAll Services. Such information is provided for informational purposes only and is not meant to be a substitute for medical advice provided by a doctor or other qualified health care professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on PfizerForAll.
Users of PfizerForAll should not rely on any information provided by the website for treatment, diagnosis, or advice related to their own or others’ health problems. It is your responsibility to present your medical data to your physician or other health care provider for proper analysis and diagnosis. Questions should be addressed to a licensed physician or other health care provider prior to making any decisions or undertaking any action or inaction regarding any health care issue you might have at any time, now or in the future. Use of PfizerForAll or the PfizerForAll Services does not create an express or implied physician-patient relationship. You agree that neither Pfizer nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through the website. Any reliance on or use of PfizerForAll or the PfizerForAll Services is at your own risk. NO STATEMENTS MADE IN THE PFIZERFORALL SERVICES HAVE BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION, OR ANY SIMILAR REGULATORY BODY WITHIN OR OUTSIDE THE UNITED STATES. THE PFIZERFORALL SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR OTHER MEDICAL ISSUE.
No Support
Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the PfizerForAll Services, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered part of the PfizerForAll Services and subject to the terms of the Agreement.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PFIZERFORALL SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PFIZERFORALL SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PFIZER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PFIZERFORALL SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PFIZERFORALL SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PFIZER DOES NOT WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR PFIZERFORALL SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PFIZER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability for HCP Services
HCPS ARE THIRD-PARTY PROVIDERS OF HEALTHCARE ITEMS AND SERVICES. PFIZER HAS NO RESPONSIBILITY OR LIABILITY FOR HEALTHCARE ITEMS OR SERVICES (INCLUDING WITHOUT LIMITATION ANY TREATMENTS, MEDICATIONS OR VACCINES) PROVIDED BY OR THROUGH AN HCP AND SCHEDULED OR OBTAINED THROUGH THE PFIZERFORALL SERVICES. EACH HCP MAY CHANGE OR DISCONTINUE ITS HEALTHCARE SERVICES AT ANY TIME, AND PFIZER HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY PARTICULAR PROVIDER, ITEM, OR SERVICE FROM AN INDIVIDUAL OR ENTITY LISTED ON PFIZERFORALL AND/OR ACCESSIBLE THROUGH THE PFIZERFORALL SERVICES. ANY PATIENT/PROVIDER RELATIONSHIP CREATED BETWEEN YOU AND ANY HCP IS BETWEEN YOU AND THE HCP AND NO SUCH RELATIONSHIP WILL BE CREATED BETWEEN YOU AND PFIZER.
Pfizer has no control over, and cannot guarantee the availability of, any HCP at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any harm or other injury or loss resulting or arising from, or related to, the use of the PfizerForAll Services whatsoever, including for any health care item or service purchased or received as a result of the use of the PfizerForAll Services. You should always consult a medical professional for medical advice.
Important Information About Healthcare Providers
During an appointment scheduled through the PfizerForAll Services HCPs offer healthcare items and services to PfizerForAll users. Pfizer does not practice medicine, nursing, or any other licensed profession, and does not interfere with or otherwise influence the HCPs’ exercise of their professional judgment in providing healthcare items or services. Each HCP is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license.
PfizerForAll is not a referral service and does not employ, refer, recommend or endorse any particular HCP, vaccine, opinion, or any information that may appear through the PfizerForAll Services.
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HCP, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HCP IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Please note that there may be other HCPs who meet your search criteria but are not available through PfizerForAll.
Pfizer (a) does not make any representations or warranties with respect to the HCPs or the quality of the services, treatments, medications or vaccines they may provide, (b) is not responsible for making sure that HCPs’ services are actually provided or are up to a certain standard of quality, and (c) does not receive any fees from HCPs for featuring them (i.e., higher or better placement on lists) through the Services.
Procedures, products, services and devices discussed through the PfizerForAll Services or provided by HCPs are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services, treatments, medications, vaccines or devices represented through the PfizerForAll Services are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Disclaimer of Third Party Websites and Links
The PfizerForAll Services may contain references, integrations or links (“Links”) to other websites maintained by third parties over whom Pfizer has no control. Such Links are provided merely as a convenience. Pfizer makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such third-party websites, including any third-party social media or mobile app platform. Inclusion of any third-party link on this website does not imply an endorsement or recommendation by Pfizer and a link to this website from another website does not imply a relationship between Pfizer and any third party. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy). By using the PfizerForAll Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PFIZER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PFIZERFORALL SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF PFIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity
Except where prohibited by applicable law, you agree to defend, indemnify and hold harmless Pfizer, its directors, employees and agents from any and all loss, damage, liability, and legal fees (including, but not limited to, reasonable fees and disbursements of counsel incurred by Pfizer in any action or proceeding between you and Pfizer or between Pfizer and any third party related to the Agreement) resulting from your use of the PfizerForAll Services or any services or items that you receive from an HCP.
General
If any term or provision of this Agreement is invalid or unenforceable to any extent, the remainder of the Agreement shall be valid and enforced to the fullest extent permitted by law. This Agreement is governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with, the laws of the State of New York (to the exclusion of its conflict of laws rules). The Agreement sets forth the entire agreement of the parties with respect to the subject hereof, and supersede and override all prior agreements on the same subject matter. The Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly included. The Agreement and any of the rights or obligations hereunder are not assignable without Pfizer's prior written permission. No waiver, modification, or amendment to the Agreement is binding upon Pfizer unless it is in writing signed by an authorized representative of Pfizer. Pfizer may change the Terms from time to time, at its sole discretion, and the revised Terms will be effective as of the “Last Updated” date set forth above. Your continued use of the PfizerForAll Services following these changes will be deemed your acceptance of these changes. All rights and benefits granted hereunder to Pfizer shall extend to and may be exercised by Pfizer as well as any and all of Pfizer’s affiliates and subsidiaries.
United States
The laws of other countries may differ regarding the access and use of the PfizerForAll Services. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations. Pfizer makes no representations regarding the legality of the PfizerForAll Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. Use of the PfizerForAll Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the PfizerForAll Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. The PfizerForAll Services are administered in the U.S. and intended for U.S. users eighteen years of age or older only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the PfizerForAll Services.
Waiver of Jury Trial
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND FREE FROM DURESS OR COERCION, WAIVES ITS RIGHT TO A TRIAL BY JURY OR JUDGE IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL. EACH PARTY CHOOSES TO RESOLVE ANY CLAIMS OR DISPUTES THROUGH ARBITRATION.
Arbitration
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be finally resolved by arbitration. The arbitration shall be conducted by three arbitrators, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”); the claimant shall nominate an arbitrator in its request for arbitration. The respondent shall nominate an arbitrator within 30 days of the receipt of the request for arbitration. The two arbitrators nominated by the parties shall nominate a third arbitrator within 30 days after the nomination of the later-nominated arbitrator. The third arbitrator shall act as chair of the tribunal. If any of the three arbitrators are not nominated within the time prescribed above, then the AAA shall appoint the arbitrator(s).
The seat of the arbitration shall be New York, New York, United States, and it shall be conducted in the English language. The costs of the arbitration, including the parties’ reasonable legal fees, shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case. The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay. Judgment upon the award may be entered by any court having jurisdiction of the award or having jurisdiction over the relevant party or its assets. This arbitration clause is governed by and shall be interpreted in accordance with the law of the State of New York.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non- party except the tribunal, the AAA, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision survives termination of the Agreement and of any arbitration brought pursuant to the Agreement.
Notice for Residents of California
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW UNDER “HOW TO CONTACT US.” CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA.
How to Contact Pfizer
If you have any questions and want to reach Pfizer please visit: www.Pfizer.com/contact. Pfizer prescription drugs and non-vaccine biologics Patients should always ask their doctors for medical advice about side effects. You are encouraged to report side effects related to Pfizer products by calling 1-800-438-1985 (US only). If you prefer, you may contact the US Food and Drug Administration (FDA) directly. Visit www.fda.gov/MedWatch or call 1-800-FDA-1088. If you are outside the U.S., please contact your local health authority or Pfizer office.
Pfizer vaccines. Patients should always ask their doctors for medical advice about side effects. You are encouraged to report negative side effects of vaccines to the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC). Visit https://vaers.hhs.gov/reportevent.html or call 1-800-822-7967.
These Supplemental Terms of Use supplement the terms and conditions set forth in the Pfizer Terms of Use and Pfizer Privacy Notice, and all of these documents together are a legal agreement (collectively, the “Agreement”) between you (an individual) and Pfizer, Inc. (“Pfizer”) for your use of the PfizerForAll Services. By using the PfizerForAll Services, you are agreeing to be bound by the terms of the Agreement. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS WEBSITE, YOU SHOULD NOT USE OR VISIT THE WEBSITE; INSTEAD, YOU MAY WORK DIRECTLY WITH PARTICIPATING HCPS.
The PfizerForAll Services and any information pertaining to Pfizer products are designed and intended for use only by residents of the United States. USE OF THE WEBSITE BY ANYONE UNDER 18 IS PROHIBITED. BY USING THE PFIZERFORALL WEBSITE YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ARE A RESIDENT OF THE UNITED STATES.
License and Access
Subject to your compliance with the Agreement, Pfizer grants you a limited, non-exclusive, non- transferable, non-sublicensable license to access and make personal and non-commercial use of the PfizerForAll Services. This license does not include any resale or commercial use of any PfizerForAll Services, or its contents; any derivative use of any PfizerForAll Services or its contents; any downloading, copying, or other use for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in the Agreement are reserved and retained by Pfizer or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the PfizerForAll Services, nor any part of any PfizerForAll Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pfizer. You may not frame or utilize framing techniques to enclose the PfizerForAll Services, website or any trademark, logo, or other information (including images, text, page layout, or form) of Pfizer without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pfizer's name or trademarks without the express written consent of Pfizer. You may not misuse the PfizerForAll Services. You may use the PfizerForAll Services only as permitted by law. Any violation of the rights of Pfizer and/or its licensors will subject you to prosecution and damages. The terms of the license will govern any upgrades to the PfizerForAll Services that replace and/or supplement the original website, unless such update is accompanied by a separate license in which case the terms of that license will govern.
If you use the PfizerForAll Services on behalf of an individual other than yourself, you represent that you are authorized by such individual to accept this Agreement on such individual’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in this Agreement, except for in this sentence, refer to that individual).
Termination
The license is effective until terminated by you or Pfizer. Pfizer may terminate the license for any reason at any time, with or without notice. Your rights under this license will terminate automatically without notice from Pfizer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the PfizerForAll Services.
Privacy Notice
Pfizer respects your privacy. You may be asked, or choose, to provide personal information in connection with your use of the website. Please click here to view our Privacy Policy, which is incorporated herein by reference and governs our use of personal information. By visiting this website, you acknowledge that you have read and understand the terms of the Privacy Policy.
Not Professional Medical Advice or Treatment
While the PfizerForAll Services may contain general information relating to health care, some of which may concern medical conditions and the treatment of certain medical conditions, Pfizer is not a medical provider and does not purport to offer medical advice, diagnosis, or treatment through PfizerForAll or the PfizerForAll Services. Such information is provided for informational purposes only and is not meant to be a substitute for medical advice provided by a doctor or other qualified health care professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on PfizerForAll.
Users of PfizerForAll should not rely on any information provided by the website for treatment, diagnosis, or advice related to their own or others’ health problems. It is your responsibility to present your medical data to your physician or other health care provider for proper analysis and diagnosis. Questions should be addressed to a licensed physician or other health care provider prior to making any decisions or undertaking any action or inaction regarding any health care issue you might have at any time, now or in the future. Use of PfizerForAll or the PfizerForAll Services does not create an express or implied physician-patient relationship. You agree that neither Pfizer nor any other party is or will be liable or otherwise responsible for any decision made or any action taken or not taken due to your use of information presented through the website. Any reliance on or use of PfizerForAll or the PfizerForAll Services is at your own risk. NO STATEMENTS MADE IN THE PFIZERFORALL SERVICES HAVE BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION, OR ANY SIMILAR REGULATORY BODY WITHIN OR OUTSIDE THE UNITED STATES. THE PFIZERFORALL SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE OR OTHER MEDICAL ISSUE.
No Support
Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the PfizerForAll Services, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered part of the PfizerForAll Services and subject to the terms of the Agreement.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PFIZERFORALL SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PFIZERFORALL SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’ WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PFIZER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PFIZERFORALL SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PFIZERFORALL SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PFIZER DOES NOT WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR PFIZERFORALL SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PFIZER OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Liability for HCP Services
HCPS ARE THIRD-PARTY PROVIDERS OF HEALTHCARE ITEMS AND SERVICES. PFIZER HAS NO RESPONSIBILITY OR LIABILITY FOR HEALTHCARE ITEMS OR SERVICES (INCLUDING WITHOUT LIMITATION ANY TREATMENTS, MEDICATIONS OR VACCINES) PROVIDED BY OR THROUGH AN HCP AND SCHEDULED OR OBTAINED THROUGH THE PFIZERFORALL SERVICES. EACH HCP MAY CHANGE OR DISCONTINUE ITS HEALTHCARE SERVICES AT ANY TIME, AND PFIZER HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE, REFER OR RECOMMEND ANY PARTICULAR PROVIDER, ITEM, OR SERVICE FROM AN INDIVIDUAL OR ENTITY LISTED ON PFIZERFORALL AND/OR ACCESSIBLE THROUGH THE PFIZERFORALL SERVICES. ANY PATIENT/PROVIDER RELATIONSHIP CREATED BETWEEN YOU AND ANY HCP IS BETWEEN YOU AND THE HCP AND NO SUCH RELATIONSHIP WILL BE CREATED BETWEEN YOU AND PFIZER.
Pfizer has no control over, and cannot guarantee the availability of, any HCP at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any harm or other injury or loss resulting or arising from, or related to, the use of the PfizerForAll Services whatsoever, including for any health care item or service purchased or received as a result of the use of the PfizerForAll Services. You should always consult a medical professional for medical advice.
Important Information About Healthcare Providers
During an appointment scheduled through the PfizerForAll Services HCPs offer healthcare items and services to PfizerForAll users. Pfizer does not practice medicine, nursing, or any other licensed profession, and does not interfere with or otherwise influence the HCPs’ exercise of their professional judgment in providing healthcare items or services. Each HCP is responsible for exercising their own professional judgment and complying with all requirements applicable to their profession and license.
PfizerForAll is not a referral service and does not employ, refer, recommend or endorse any particular HCP, vaccine, opinion, or any information that may appear through the PfizerForAll Services.
YOU ARE RESPONSIBLE FOR CHOOSING YOUR OWN HCP, INCLUDING WITHOUT LIMITATION, DETERMINING WHETHER THE APPLICABLE HCP IS SUITABLE FOR YOUR HEALTHCARE NEEDS BASED ON SPECIALTY, EXPERIENCE, QUALIFICATION, LICENSES AND OTHER IMPORTANT FACTS AND CIRCUMSTANCES THAT COULD IMPACT YOUR CARE.
Please note that there may be other HCPs who meet your search criteria but are not available through PfizerForAll.
Pfizer (a) does not make any representations or warranties with respect to the HCPs or the quality of the services, treatments, medications or vaccines they may provide, (b) is not responsible for making sure that HCPs’ services are actually provided or are up to a certain standard of quality, and (c) does not receive any fees from HCPs for featuring them (i.e., higher or better placement on lists) through the Services.
Procedures, products, services and devices discussed through the PfizerForAll Services or provided by HCPs are not applicable to all individuals, patients or all clinical situations. Any procedures, products, services, treatments, medications, vaccines or devices represented through the PfizerForAll Services are presented for your awareness and do not necessarily imply, and we make no claims as to, safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.
Disclaimer of Third Party Websites and Links
The PfizerForAll Services may contain references, integrations or links (“Links”) to other websites maintained by third parties over whom Pfizer has no control. Such Links are provided merely as a convenience. Pfizer makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such third-party websites, including any third-party social media or mobile app platform. Inclusion of any third-party link on this website does not imply an endorsement or recommendation by Pfizer and a link to this website from another website does not imply a relationship between Pfizer and any third party. Your use of any such third-party site or platform is at your own risk and will be governed by such third party's terms and policies (including its privacy policy). By using the PfizerForAll Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PFIZER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE PFIZERFORALL SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) EVEN IF PFIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnity
Except where prohibited by applicable law, you agree to defend, indemnify and hold harmless Pfizer, its directors, employees and agents from any and all loss, damage, liability, and legal fees (including, but not limited to, reasonable fees and disbursements of counsel incurred by Pfizer in any action or proceeding between you and Pfizer or between Pfizer and any third party related to the Agreement) resulting from your use of the PfizerForAll Services or any services or items that you receive from an HCP.
General
If any term or provision of this Agreement is invalid or unenforceable to any extent, the remainder of the Agreement shall be valid and enforced to the fullest extent permitted by law. This Agreement is governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with, the laws of the State of New York (to the exclusion of its conflict of laws rules). The Agreement sets forth the entire agreement of the parties with respect to the subject hereof, and supersede and override all prior agreements on the same subject matter. The Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sales of Goods, the application of which is expressly included. The Agreement and any of the rights or obligations hereunder are not assignable without Pfizer's prior written permission. No waiver, modification, or amendment to the Agreement is binding upon Pfizer unless it is in writing signed by an authorized representative of Pfizer. Pfizer may change the Terms from time to time, at its sole discretion, and the revised Terms will be effective as of the “Last Updated” date set forth above. Your continued use of the PfizerForAll Services following these changes will be deemed your acceptance of these changes. All rights and benefits granted hereunder to Pfizer shall extend to and may be exercised by Pfizer as well as any and all of Pfizer’s affiliates and subsidiaries.
United States
The laws of other countries may differ regarding the access and use of the PfizerForAll Services. Persons who access this website do so on their own initiative, and are responsible for compliance with applicable local laws and regulations. Pfizer makes no representations regarding the legality of the PfizerForAll Services in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. Use of the PfizerForAll Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the PfizerForAll Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. The PfizerForAll Services are administered in the U.S. and intended for U.S. users eighteen years of age or older only; any use outside of the U.S. or use related to activities outside of the U.S. is prohibited and at the user’s own risk. Users are responsible for compliance with any local, state or federal laws applicable to their use of the PfizerForAll Services.
Waiver of Jury Trial
EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND FREE FROM DURESS OR COERCION, WAIVES ITS RIGHT TO A TRIAL BY JURY OR JUDGE IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL. EACH PARTY CHOOSES TO RESOLVE ANY CLAIMS OR DISPUTES THROUGH ARBITRATION.
Arbitration
Any dispute, controversy, or claim arising out of, relating to, or in connection with this Agreement, including with respect to the formation, applicability, breach, termination, validity or enforceability thereof, shall be finally resolved by arbitration. The arbitration shall be conducted by three arbitrators, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”); the claimant shall nominate an arbitrator in its request for arbitration. The respondent shall nominate an arbitrator within 30 days of the receipt of the request for arbitration. The two arbitrators nominated by the parties shall nominate a third arbitrator within 30 days after the nomination of the later-nominated arbitrator. The third arbitrator shall act as chair of the tribunal. If any of the three arbitrators are not nominated within the time prescribed above, then the AAA shall appoint the arbitrator(s).
The seat of the arbitration shall be New York, New York, United States, and it shall be conducted in the English language. The costs of the arbitration, including the parties’ reasonable legal fees, shall in principle be borne by the unsuccessful party or parties. However, the arbitral tribunal may apportion such costs between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case. The arbitration award shall be final and binding on the parties, and the parties undertake to carry out any award without delay. Judgment upon the award may be entered by any court having jurisdiction of the award or having jurisdiction over the relevant party or its assets. This arbitration clause is governed by and shall be interpreted in accordance with the law of the State of New York.
The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any non-public information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non- party except the tribunal, the AAA, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfil a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision survives termination of the Agreement and of any arbitration brought pursuant to the Agreement.
Notice for Residents of California
UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS ARE ENTITLED TO THE FOLLOWING CONSUMER RIGHTS NOTICE: IF YOU HAVE A QUESTION OR COMPLAINT REGARDING OUR PRODUCTS OR SERVICES, PLEASE CONTACT US AS SET FORTH BELOW UNDER “HOW TO CONTACT US.” CALIFORNIA RESIDENTS MAY REACH THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS, CONSUMER INFORMATION CENTER BY MAIL AT 1625 NORTH MARKET BLVD., SUITE N 112, SACRAMENTO, CA 95834, OR BY TELEPHONE AT (800) 952-5210. THIS SECTION DOES NOT APPLY TO YOU IF YOU ARE NOT A RESIDENT OF THE STATE OF CALIFORNIA.
How to Contact Pfizer
If you have any questions and want to reach Pfizer please visit: www.Pfizer.com/contact. Pfizer prescription drugs and non-vaccine biologics Patients should always ask their doctors for medical advice about side effects. You are encouraged to report side effects related to Pfizer products by calling 1-800-438-1985 (US only). If you prefer, you may contact the US Food and Drug Administration (FDA) directly. Visit www.fda.gov/MedWatch or call 1-800-FDA-1088. If you are outside the U.S., please contact your local health authority or Pfizer office.
Pfizer vaccines. Patients should always ask their doctors for medical advice about side effects. You are encouraged to report negative side effects of vaccines to the U.S. Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC). Visit https://vaers.hhs.gov/reportevent.html or call 1-800-822-7967.