Welcome and thank you for using Pharmalicensing.com. When using or subscribing to any of our products or services, you are agreeing to our terms, so we encourage you to take a few minutes to read over the user agreement below. We may amend the Terms contained on this page at any time.
When using, subscribing, or sending emails to Pharmalicensing.com, you consent to receive electronic communications from us, including email and postings to your online Pharmalicensing account.
All Pharmalicensing content may not be reproduced, transmitted or distributed without the prior consent of Pharmalicensing. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
Third Party Sites
This Website may provide links to other websites on the Internet. Pharmalicensing makes no representations whatsoever about these other websites. Other websites linked to this Website may contain information or material that some people may find inappropriate or offensive. The provision of links to other websites on the Internet should not imply Pharmalicensing's endorsement of any such websites by Pharmalicensing or any association with these other sites' operators. These websites are not under the control of Pharmalicensing, and you acknowledge that Pharmalicensing, its subsidiaries, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that Pharmalicensing, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any websites linked to this Website.
You understand that all information, data, text, software, photographs, graphics, video, messages or other material ("Submissions" or "Posts"), whether publicly posted or privately transmitted, on this Website or otherwise, are the sole responsibility of the person from whom such Submissions originated. This means that you and not Pharmalicensing are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Website. While Pharmalicensing takes great care in reviewing Submissions to ensure their compliance to this policy, Pharmalicensing does not control Submissions posted by third parties via this Website and, as such, does not guarantee the accuracy, integrity or quality of such Submissions. You understand that by using this Website and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will Pharmalicensing, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Website.
YOU AGREE TO NOT USE THIS WEBSITE TO:
Submissions Posted to the Website
You agree and represent that Submissions you elect to post to the Website are not confidential or proprietary, and you grant Pharmalicensing the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed.
You agree to indemnify and hold Pharmalicensing and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due that arise from your use or misuse of this Website and its data. Pharmalicensing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Pharmalicensing in asserting any available defenses.
Severability and Integration
This agreement constitutes the entire agreement between you and Pharmalicensing with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Pharmalicensing with respect to this Website. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Pharmalicensing expressly reserves the right to terminate forthwith and without notice the service to the Subscriber if Pharmalicensing suspects that any material stored or disseminated by the Subscriber through the Site:
(a) is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which the Subscriber has not obtained all necessary licenses and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Pharmalicensing reserves the right at all times to inspect the material and if it is found to be in contravention thereof to remove the material from the Subscriber's account, to remove all or part of the Subscriber's Content from the Site, and/or suspend part or all of the service and/or terminate the service immediately without any further obligation to the Subscriber.
Without prejudice to its rights under paragraph above, Pharmalicensing shall further be entitled to immediately terminate the service and remove all or part of the Subscriber's Content forthwith and without notice in the event that:
(a) the Subscriber is in breach of the service including these terms and conditions and if capable of remedy fails to remedy the within thirty days of receipt of notice in writing or by e-mail from Pharmalicensing requiring them to do so, or
(b) the Subscriber becomes insolvent and unable to pay its debts, bankrupt or placed in the hands of a receiver or administrator or wound up (other than for a solvent reconstruction).
The Subscriber is entitled to remove any or all information but will remain liable to pay Pharmalicensing all sums accrued due on or prior to the date of termination and in particular Pharmalicensing will have no obligation to reimburse all or part of the sums paid in advance by the Subscriber unless Pharmalicensing is in material breach of these Terms and Conditions.
Refunds may only be given at the discretion of Pharmalicensing.
Pharmalicensing warrants that it will use all reasonable care and skill in carrying out its obligations under these Terms and Conditions. All other conditions, warranties and obligations implied by statute, common law or otherwise are excluded to the maximum extent permissible by law. The Subscriber assumes full responsibility for all risks arising from the correct use by Pharmalicensing of the Subscriber Content as provided by the Subscriber and as such, Pharmalicensing shall have no liability to the Subscriber for loss, damage or expense incurred by the Subscriber, to have resulted from the Subscriber Placing incorrect or inappropriate content on the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PHARMALICENSING, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHARMALICENSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATERIAL RELATING TO THE WEBSITE. PHARMALICENSING, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PHARMALICENSING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES PHARMALICENSING'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Confidential information means any information or data disclosed by a Party (the "Disclosing Party") to the other Party (the "Receiving Party") with respect to the scope, which (1) if in tangible form or other media that can be converted to readable form is clearly marked as proprietary, confidential or private when disclosed, or (2) if oral or visual, is identified as proprietary, confidential, or private when disclosed. Confidential Information may include any and all proprietary information, whether of a technical, business or other nature including without limitation, processes, algorithms, apparatus, equipment, formulae, data, software, technology, know-how, designs, inventions, experimental work, development, details and specifications, and/or trade and business secrets, sales, and financial information. Confidential Information shall not, however, include any information which: (i) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party; (ii) becomes publicly known and made generally available after disclosure by the Disclosing Party through no action or inaction of the Receiving Party; (iii) is already in the possession of the Receiving Party at the time of disclosure by the Disclosing Party; (iv) is obtained by the Receiving Party from a 3rd Party without a breach of such 3rd Party's obligations of confidentiality; (v) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; or (vi) is required by law to be disclosed by the Receiving Party, provided that the Receiving Party gives the Disclosing Party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
Both Parties agree not to divulge Confidential Information, to any 3rd Party, unless the other Party agrees otherwise in writing. Additionally, neither Party shall use any Confidential Information of the other Party for any purpose other than for the purpose of fulfilling its obligations under the service.
Pharmalicensing represents and warrants that it has established appropriate internal procedures for protecting the Confidential Information of the Subscriber including, without limitation, restrictions on disclosure of such information to employees and other persons who may be engaged in rendering services to any person, firm or entity which may be a direct competitor of the Subscriber.
As to a non US company, these terms contained herein shall be governed by and be construed in accordance with English law. The parties agree that the Courts of England & Wales shall have exclusive jurisdiction to settle any dispute that may arise out of or in connection with these terms.
As to a US company, these terms contained herein shall be governed by and be construed in accordance with the laws of the State of Florida, United States of America. The parties agree that the state and federal courts located in the State of Florida shall exclusive jurisdiction over any claim or dispute concerning or arising out these terms, with venue being located in Hillsborough County, Florida. And the Parties hereby irrevocably consent to the exclusive jurisdiction of such courts and irrevocably waive any claim of inconvenient forum.
Last updated: 10th January 2017
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