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Terms of Use
Welcome to www.pharmainfosite.com (the "Site"), a website operated by RiverSide InfoMedia, Inc. ("RSIMedia," "we," "us," "our"). Your use of the Site and any information distributed in conjunction with this Site, or any of the products or services offered thereon (collectively, the "Services") is subject to these terms of use ("Terms of Use"), our privacy policy, and other notices posted on this Site. Your use of this Site or of any content presented in any and all areas of the Site indicates your acknowledgment and agreement to these Terms of Use, our privacy policy and other notices posted on this Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Site or use the Services. We suggest you print a copy of each of these documents for your records. In addition, some of the Services may be subject to additional posted terms and conditions. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by reference. In the event of inconsistency between these Terms of Use and any additional posted terms and conditions, the provisions of the additional terms and conditions shall control. Participation Restriction This Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site or submit information about yourself to the Site. We reserve the right to discontinue, suspend, cancel, deactivate or delete your account and all related information and files in your account. We further reserve the right (but do not have the obligation) to restrict, refuse, terminate, or suspend your access to or use of all or any part of the Services, at any time and for any reason without giving any prior notice, in our sole discretion, including without limitation, in such instances wherein we believe that you are or might be engaged in any form of fraudulent, illegal, or otherwise improper activity regarding the Services. You agree that we will not be liable to you or any third party for taking any of these actions. Registration Some of the Services offered on the Site require registration. Without completing such registration you will not be able to use such Services. You agree to provide true, accurate, current and complete information about yourself as prompted during the registration process. You further agree to maintain and promptly update such information to keep it true, accurate, current and complete. Upon completion of the registration, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password and/or account. You agree to (a) immediately notify us of any unauthorized use of your account or password or any other breach of security, and (b) exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with the foregoing requirements. You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages. You also understand that our Services may include advertisements. Revisions to the Site or Terms of Use We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site and any part of our Services. In addition, we may revise these Terms of Use at any time, at our sole discretion, by posting an amended Terms of Use on the Site. Any changes that we make to the Terms of Use will be effective immediately upon posting. Please check this page periodically for changes to the Terms of Use; you will be able to determine if the terms have been changed since your previous visit by viewing the "Last Updated" information that appears at the top of this page. Your use of the Site and any dispute related thereto is subject to the then-current version these Terms of Use. Proprietary Rights The Site, its underlying technology and software, and all content and materials within the Site, including site layout, design, images, programs, text, illustrations, videos, music, logos, trademarks, service marks, animations, and any other information (collectively, the "Content") are the property of RiverSide InfoMedia, Inc., its affiliated companies or licensors, or other users of the Site, and is protected by U.S. and international copyright and other intellectual property laws. You acknowledge that these rights are valid and enforceable. Except as explicitly permitted, on a case-by-case and use-by-use basis, by the respective owner of the Content, you may not copy, display, distribute, modify, publish, perform, reproduce, republish, post, store, transmit, create derivative works from, reverse engineer, sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone. Nothing contained in these Terms of Use shall purport to convey any ownership or other rights with respect to the Content, and you acknowledge that by using the Site or Content you do not acquire any ownership or other rights with respect thereto. You may print or download Content from the Site for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from RiverSide InfoMedia, Inc. Your Content You hereby grant and agree to grant us a worldwide, irrevocable, royalty-free, nonexclusive, sublicenseable license to use, reproduce, create derivative works of, distribute, perform (publicly or otherwise), display (publicly or otherwise), transfer, transmit, distribute, convert to HTML or any other format, and publish all content you upload, post, e-mail, transmit, or otherwise make available on the Site or through the Services ("Your Content") and portions, excerpts or subsequent versions thereof for the purposes of (i) displaying Your Content on our Site, (ii) distributing and allowing access to Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by other users, for free or for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. You covenant, represent and warrant to us that Your Content does not and shall not: (a) violate any laws; (b) be abusive, hateful, obscene, profane, pornographic, threatening, indecent, defamatory, libelous, offensive, vulgar, or otherwise inappropriate or objectionable with respect to applicable standards, customs, or practices; (c) erroneous or inaccurate (to the best of your knowledge); (d) infringe on or misappropriate any copyrights, trademarks, trade secrets, patents, other intellectual property rights, privacy rights, publicity rights, or any other proprietary or personal rights of any person or entity; (e) subject us to any costs, claims, or liabilities of any kind or nature. You understand that submission of Your Content is not made in confidence and shall not be held in confidence by us. We may, in our sole discretion, refuse, move, remove from the Site, or exercise editorial control over Your Content (or any portions thereof) at any time if we believe that such content is outdated, inaccurate, infringes the intellectual property rights or any other rights of any third party, obscene, defamatory or libelous, or otherwise illegal, is no longer of interest to other users of the Site, or for any other reason, or for no reason. We shall have no obligation, and shall not be liable for any failure, to use, display, distribute, or otherwise promote all or any part of Your Content. Disclaimer of Warranties We do not sell, resell, or license any of the products or the services that we review, list, or advertise on our Site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. THE SITE, SERVICE AND THE CONTENT THEY CONTAIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE SERVICES, ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES AND YOUR RELIANCE ON ANY MATERIALS PROVIDED ON OR THROUGH THE SITE. Third-Party Sites, Products, and Services Our Site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our Site of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Limitation of Liability To the maximum extent permitted by applicable law, you hereby release, and waive all claims against RSIMedia, its principals, owners, parents, subsidiaries, officers, directors, shareholders, employees, representatives, agents, co-branders, partners, contractors, consultants, suppliers, licensors, customers, and other affiliates (collectively, the "RSIMedia Parties"), from claims, demands and damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind or nature, known or unknown, arising out of or in any way connected with use of the Service. If you are a California resident, you knowingly and voluntarily waive the provisions of California Civil Code Section 1542 , which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE RSIMEDIA PARTIES BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE SERVICES AND ANY PROPOSED TRANSACTION IN CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH THIRD PARTIES FOUND ON OR THROUGH THE SITE), EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF RSIMEDIA IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO ONE HUNDRED DOLLARS (U.S. $100). Indemnification You agree to defend, indemnify, and hold the RSIMedia Parties harmless from and against any and all claims, liability, suit, proceeding, demand or action, and any damages, losses costs (including reasonable attorneys' fees and other legal costs), expenses, or settlement awards incurred in connection therewith, arising out of, or related to, (i) Your Content or any use thereof; (ii) Your use of the Site, Services and any Content thereon; (iii) any use or alleged use of your account or password by any person, whether or not authorized by you; and/or (iv) Your breach of any term of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Your Conduct on Our Site * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of another person or advocate any of the foregoing; * Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content; * Transmit files that contain viruses, worms, Trojan horses, corrupted files, or any other similar software or programs that may damage, disrupt, or adversely affect the operation of another person's computer, the Sites, any software or hardware, or telecommunications equipment; * Advertise, promote, solicit, or offer to sell any goods or services for any commercial purpose unless you have our prior written consent to do so; * Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters; * Download any file that you know or reasonably should know cannot be legally obtained in such manner; * Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; * Restrict or inhibit any other user from using and enjoying any public area within our Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; * Interfere with or violate any other Site user's right to privacy; solicit, collect or store personal information about other users of the Site without their express consent; * Impersonate any person or entity, including, but not limited to, a RiverSide InfoMedia, Inc. representative, or falsely state or imply, or otherwise misrepresent your affiliation with a person or entity; * Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site; * Use the Site or the materials contained on the Site for any fraudulent or unlawful purpose. * Interfere with or disrupt our Site, servers, or networks, or take any action that imposes an unreasonably or disproportionately large load on our infrastructure; * "Frame" or "mirror" any part of the Site without our prior written authorization. * Use any robot, spider, site search/retrieval application or other manual or automatic device or process to access, monitor, copy, retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site, any part of the Site, or its contents. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent. Notification of Objectionable or Infringing Content If You believe that any Content available on the Site is incorrect, pornographic, obscene, or offensive, or infringes your intellectual property rights, please notify us by mail to the address provided below. When reporting a copyright infringement, you must (a) identify the copyrighted work that you believe has been infringed upon, in sufficient detail so we can find it; (b) identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; (c) include a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) include a statement by you declaring under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your physical address, telephone number, and email address, and (f) your electronic or physical signature. Governing Law When accessing this Site (regardless of where you are located) you agree that these Terms of Use, our Privacy Policy, and any matters arising from or relating to use of this Site, are to be construed in accordance with and governed by the internal laws of the State of Delaware (without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California to the rights and duties of the parties), and any disputes arising herefrom shall be determined by a court of competent jurisdiction in Delaware (or such other venue which we may elect as appropriate, in our sole discretion), and you hereby submit to the personal jurisdiction thereof. Notice for California Users Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210 Notices Unless provided to the contrary herein, any and all notices or other communications or deliveries required or permitted to be made under these Terms of Use shall be sent (a) if to you, at the electronic mail address you provide during registration, and (b) if to RSIMedia, by electronic mail info@pharmainfosite.com, or by U.S. certified mail to: RiverSide InfoMedia Inc., Attn: Terms of Use, 310 Riverside Dr. #1414, New York NY 10025, United States of America Miscellaneous If any provision of these Terms of Use are found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. These Terms of Use, together with any of our policies and agreements referred to herein, are the entire agreement between you and us relating to your use of the Site, Services, or the Content, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully-executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision of these Terms of Use. These Terms of Use are not assignable, transferable or sublicenseable by you except with our prior written consent. The provisions of the following sections shall survive any termination of these Terms of Use: Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Your Conduct on Our Site, Governing Law, Notices, and Miscellaneous. Privacy Policy RSIMedia is committed to protecting your privacy. We use the information we collect about you to provide you with personalized information, services and tools. We will not disclose individually identifiable information to any third party without first receiving your permission. When you access sponsored advertiser content (videos, webinars, whitepapers, other) on this site, you agree to reveal your contact information to that sponsor. If you do not wish to reveal your contact information, you may opt out as indicated below. Please read on for more details about our privacy policy. Optional Registration RSIMedia does not require customers to register. Non-registered users may access all information presented on RSIMedia. However, registration does allow customers to personalize and save information. The personal information shared with RSIMedia can be used to help tailor the content we provide on RSIMedia. Additionally, RSIMedia may on occasion notify registered users regarding promotions, special offers, updated information, and special features. Opt-out If you sign up for our newsletters and/or services and later change your mind, an unsubscribe option will always be available in our e-mail newsletter and posted on our web site. Cookies RSIMedia uses cookies to deliver a better and more personalized service. This cookie is set when you register. This cookie allows the user to easily retrieve saved information and to access personalized information. IP Addresses RSIMedia collects IP addresses for the purposes of system administration, to report aggregate information to our advertisers and to audit the use of our site. When guests request pages from RSIMedia sites, our servers log the guests' IP addresses. We do not normally link IP addresses to anything personally identifiable, which means that a user's session will be logged, but the user remains anonymous to us. E- newsletters RSIMedia offers free electronic newsletters to users. RSIMedia gathers the e-mail addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by replying to a newsletter and typing unsubscribe in the subject box. Users can also subscribe to the life science newsletters at the time of registration. RSIMedia delivers newsletters, marketing and product offerings via e-mail to only registered recipients. The e-mail tracking system recognizes the URL that was clicked, and records some information about you and your computer, such as the e-mail address that you provided to us, the browser, operating system and IP address. Protecting Your Personal Information Your personal information can be password protected. Users should take appropriate measures to protect the secrecy of their password. RSIMedia may disclose User information if required by law, or if RSIMedia believes that disclosure is necessary to comply with the law or with legal process served on RSIMedia or protect and defend the rights or property of RSIMedia or to act in an emergency to protect someone's safety. RSIMedia may share aggregate data about our users with business partners, advertisers or sponsors. For example, we will say the RSIMedia audience is x percent females and y percent males. But our motivation in doing so is to deliver better content and services to you. RSIMedia may carefully select third parties to send Users information regarding their products or services unless the User has opted-out as described above. Contests and Sweepstakes RSIMedia offers contests and sweepstakes in which we request certain personal information. At a minimum, the required information includes name and e-mail address; in some cases, the user must answer mandatory survey questions about a range of other personal data. The information gathered in this manner is used to verify the entrant's identity, to send the entrant an e-mail notification that their entry has been received, and to contact winners and/or prize recipients. RSIMedia may divulge this information to a third party, provided the user gives express consent. Conditions which RSIMedia will disclose this information are when a user may expressly choose to receive additional information from the contest sponsor, in which case the user's personally identifiable information is divulged to the advertiser. All information about each contest is clearly posted during the event. All contests and sweepstakes are conducted in full accordance with laws of the United States of America. Privacy Policy for Children RSIMedia is for professionals and usage by children is not intended. The safety of children is very important to us. Children (under age 16) should always ask parents for permission before sending personal information to RSIMedia, or to anyone online. Links To Other Sites When you are on RSIMedia you could be directed to other sites that are beyond our control. There are links to other sites from RSIMedia pages that take you outside our service. These other sites may send their own cookies to users, collect data or solicit personal information. While RSIMedia strives to protect its users' personal information and privacy, we cannot guarantee the security of any information you disclose online. RSIMedia's policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond RSIMedia's control, and is not to be applied in any manner contrary to applicable law or governmental regulation. Other If you are sharing a computer, others can access your saved information. Another person sharing a computer can set up their own account by simply going to custom settings. If you have questions or concerns regarding this privacy statement or other RSIMedia policies, please contact the company at info@rsimedia.com. Please see the disclaimer for additional, related information. |
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