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Terms of Use, Privacy Policy, Legal Information Welcome to our site. We maintain this website as a service to our customers. By using our site, You are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If You do not agree to these terms, You may not use this site. 1. Acceptance of Agreement. For purposes of this agreement, the terms "we," "us," our" and "PDI" refer to the PrescriptionDrug-Info.com site, Prescription Drug Info, and its successors, partners, affiliates, subsidiaries and assigns. The terms "You" and "End-User" refer to You as a user of this Site. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our internet website (the "Site"). This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to You. The latest Agreement will be posted on the Site, and You should review this Agreement prior to using the Site. By accessing the site, You agree to be bound by the terms of the latest Agreement posted. 2. Copyright and Trademarks. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "PDI," and others marks are either trademarks or registered trademarks of PDI. Other product, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by PDI does not constitute a waiver of any rights in such information and materials. 3. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants You only a limited, nonexclusive license for use solely by You for Your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You shall keep all trademark, copyright and proprietary notices intact. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for Your personal use (but not for resale or redistribution). 4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time without notice. 5. Submissions. If You send submissions (e.g., postings to chats, message boards, or contests) or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of PDI. None of the Submissions shall be subject to any obligation of confidence on the part of PDI, and PDI shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, You warrant that all so-called moral rights in any Submissions You provide have been waived. Without limitation of the foregoing, PDI shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature throughout the universe in perpetuity and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. PDI does not endorse and has no control over the content of Submissions submitted by others to the Site. Submissions submitted to the Site are not necessarily reviewed by PDI prior to posting and do not necessarily reflect the opinions or policies of PDI. PDI makes no warranties, express or implied, as to the content of the Submissions on the Site or the accuracy and reliability of any Submissions and other materials on the Site. Nonetheless, PDI reserves the right to prevent You from contributing Submissions to the Site and to edit, change and/or remove such Submissions for any reason whatsoever without prior notice. 6. 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Notwithstanding the foregoing, PDI reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with PDI in asserting any available defenses. 7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to You to obtain information or documents is not transferable. 8. Disclaimer and Limits. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. PDI may also make improvements and/or changes in the products and/or services described in this information at any time without notice. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PDI AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. PDI DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY, IF ANY, FOR THE GOODS, SERVICES AND/OR INFORMATION PROVIDED FOR THE THREE (3) MONTHS PRECEEDING THE ACTION OR INACTION THAT CAUSED HARM. 9. Disclaimer and Privacy Policy. We collect no personal information about You when You visit our web site unless otherwise stated or unless You choose to provide this information to us. However, we may collect and store certain information automatically. This information will not be shared with anyone beyond the web site support staff, except when required by law enforcement investigation, and will be used only as a source of anonymous statistical information. This information may include: · Internet Protocol (IP) address of the domain from which You access the Internet, either Your individual address or the proxy provided by Your Internet Service Provider (ISP). · Date and time You access our site. · Pages You view (recorded by the text and graphics files that compose that page). · Web address of the site from which You linked directly to our site. · Browser version and operating system of the computer You are using. We may use the summary statistics to help us make our site more useful to visitors, such as assessing what information is of most and least interest to visitors, and for other purposes such as determining the site's technical design specifications and identifying system performance or problem areas. Cookies. Cookies are minute pieces of information that Your browser stores on Your hard drive. Cookies help everyone in that they help to make navigation around the site more swift, and prevent You from having to enter certain information that You have already given us each time You visit the site. Cookies help us to see how visitors use us, and when. They help us to discover which parts of our site are popular and which are not. We use cookies to assist with our site development. Most browsers these days are set up to automatically accept cookies. You may choose to provide us with personal information, by sending e-mail with questions or comments or by filling out an online form and submitting it to us through our web site. We use this information to: · Gather the requested information. · Respond to Your message. · Follow-up as appropriate. We do not create individual profiles with the information You provide. If information is collected, it will be used solely in connection with PDI or for such other purposes as are described at the point of collection. We do not give, sell, or transfer any personal information to a third party. However, Your e-mail message, question, or comment may be forwarded to other PDI employees, contractors or subcontractors, who may be better able to help You. Except for authorized law enforcement investigations, we do not share our e-mail with any other outside organizations. However, e-mail and on-line forms are not secure against interception and senders cannot expect privacy. We reserve the right, and You authorize us, to use and assign all information regarding Site uses by You and all information provided by You in any manner consistent with this section. PDI may modify, alter, amend, modify, or otherwise fundamentally change its privacy policy at its sole discretion without prior notice to You by posting a change to its privacy policy on its Site or by altering this Agreement and posting it to the Site. 10. Third Party Advertising. Some ads appearing on this Web site are delivered to You by our Web advertising partners. Information about Your visit to this site, such as number of times You have viewed an ad (but not Your name, address, or other personal information), is used to serve ads to You on this site. Third Party Cookies. In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on Your browser. 11. Minor. If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor. 12. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which You may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. The inclusion of third-party advertisements on the Site does not imply any recommendation, approval, or endorsement by PDI of the quality of the goods/services being advertised or any other characteristics or qualities of the Merchant or its goods/services. You expressly agree not to rely on any claims made on this Site regarding the quality of the goods/services being advertised. To the extent desired, You shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Merchant goods/services to meet Your needs. Merchant has no power to bind PDI in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns. 13. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to You while on such sites. We are not responsible for information provided by You to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. 14. Payments. You represent and warrant that if You are purchasing something from us or from Merchants that: (i) any credit information You supply is true and complete; (ii) charges incurred by You will be honored by Your credit card company; and (iii) You will pay the charges incurred by You at the posted prices, including any applicable taxes. 15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, nor shall be deemed incorporated into any of our securities-related filings or documents. 16. Links to Other Websites. The Site contains links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Site does not imply approval or endorsement of the linked website by us. If You decide to leave our Site and access these third-party sites, You do so at Your own risk. 17. Infringement Policy. PDI, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate Your license to use the Site if it determines in its sole and absolute discretion that You are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. PDI accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. 18. Child Online Protection Act Notification. Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. 19. Information and Press Releases. The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us. 20. Export Control and other International Information. PDI makes no representation that materials on this Site are appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Information PDI publishes on the World Wide Web may contain references or cross references to PDI products, programs or services that are not announced or available in Your country. This information has been independently compiled and is for educational purposes only. It is not intended to be a substitute for professional medical advice. Some of the information on this site has been compiled by visitors who may not have had medical training. For more details please see the Disclaimer. This data is Copyright © 2005-2008 PrescriptionDrug-Info.com and is protected under U.S. and International Copyright laws. All Rights Reserved. terms_of_use.asp Last Modified June 29 2006 |
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