Before you use PharmaServe’s Calendar, you must read and agree to these
Terms of Use and the following terms and conditions and policies, including any
future amendments (collectively, the "Agreement"):
·
PharmaServe Terms of Service – Our general terms and conditions
·
PharmaServe Privacy Policy – How PharmaServe
maintains and protects your personal information generally
·
PharmaServe Calendar Privacy Notice – How we maintain and protect your
personal information in PharmaServe Calendar
·
PharmaServe Calendar Program Policies – Guidelines for using PharmaServe Calendar
Although we may
attempt to notify you when major changes are made, you should visit this page
periodically to review the terms. PharmaServe may, in
its sole discretion, modify or revise these terms and conditions and policies
at any time, and you agree to be bound by such modifications or revisions. If
you do not accept and abide by this Agreement, you may not use PharmaServe Calendar. In the event of an inconsistency
between the PharmaServe Calendar Terms of Use and
either PharmaServe's general Terms of Service
(available at http://www.PharmaServe.com/terms_of_service.html), the PharmaServe Privacy Policy, (available at http://www.PharmaServe.com/privacy.html
) or the PharmaServe Calendar Privacy Notice
(available at http://www.PharmaServe.com/PharmaServecalendar/privacy_policy.html),
the PharmaServe Calendar Terms of Use shall control.
Nothing in this Agreement shall be deemed to confer any third party rights or
benefits.
·
Description of Service. PharmaServe Calendar is a free
calendar application. You understand and agree that the Service is provided on
an AS IS and AS AVAILABLE basis. PharmaServe
disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service. PharmaServe
also reserves the right to modify, suspend or discontinue the Service with or
without notice at any time and without any liability to you.
·
Personal or Internal Business Use Only. PharmaServe Calendar is
made available to you for your personal or internal business use in compliance
with all applicable laws, rules and regulations. If you want to make commercial
use of PharmaServe Calendar, including but not
limited to selling or distributing PharmaServe
Calendar for payment, you must enter into a written agreement with PharmaServe or obtain PharmaServe's
written permission in advance. You may use the PharmaServe
Calendar Program in conjunction with a commercial website provided you do not
sell or redistribute contents or elements of the PharmaServe
Calendar Program for payment, and provided you honor the above restrictions on
your use of PharmaServe Calendar. If you are asked to
register you must provide complete and accurate identification, contact, and
other information required as part of the registration process. You are
responsible for maintaining the confidentiality of your Service password and
account, and are responsible for all activities that occur thereunder.
PharmaServe reserves the right to refuse or
discontinue participation to any applicant at any time in its sole discretion.
Due to the Children's Online Privacy Protection Act of 1998 (which is available
at http://www.ftc.gov/ogc/coppa1.htm),
you must be at least thirteen (13) years of age to use this Service.
·
Proper Use.
You agree that you are responsible for your own communications and for any
consequences thereof. Your use of the Service is subject to your acceptance of
and compliance with the Agreement. Your use of the Service is subject to your
acceptance of and compliance with the Agreement, including the PharmaServe Calendar Program Policies ("Program
Policies"), located at http://www.PharmaServe.com/PharmaServecalendar/program_policies.html,
or such other URL as PharmaServe may provide from
time to time. You agree that you will use the Service in compliance with all
applicable local, state, national, and international laws, rules and
regulations, including any laws regarding the transmission of technical data
exported from your country of residence. You shall not, shall not agree to, and
shall not authorize or encourage any third party to: (i)
use the Service to upload, transmit or otherwise distribute any content that is
unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains
viruses, or is otherwise objectionable as reasonably determined by PharmaServe; (ii) upload, transmit or otherwise distribute
content that infringes upon another party's intellectual property rights or
other proprietary, contractual or fiduciary rights or obligations; (iii)
prevent others from using the Service; (iv) use the Service for any fraudulent
or inappropriate purpose; or (v) act in any way that violates the Program
Policies, as may be revised from time to time. Violation of any of the
foregoing may result in immediate termination of this Agreement, and may
subject you to state and federal penalties and other legal consequences. PharmaServe reserves the right, but shall have no
obligation, to investigate your use of the Service in order to determine
whether a violation of the Agreement has occurred or to comply with any
applicable law, regulation, legal process or governmental request.
·
Content of the Service. PharmaServe takes no
responsibility for third-party content (including, without limitation, any
viruses or other disabling features), nor does PharmaServe
have any obligation to monitor such third party content. PharmaServe
reserves the right at all times to remove or refuse to distribute any content
on the Service, such as content which violates the terms of this Agreement. PharmaServe also reserves the right to access, read,
preserve, and disclose any information as it reasonably believes is necessary
to (a) satisfy any applicable law, regulation, legal process or governmental
request, (b) enforce this Agreement, including investigation of potential
violations hereof, (c) detect, prevent, or otherwise address fraud, security or
technical issues (including, without limitation, the filtering of spam), (d)
respond to user support requests, or (e) protect the rights, property or safety
of PharmaServe, its users and the public. PharmaServe will not be responsible or liable for the
exercise or non-exercise of its rights under this Agreement.
·
Intellectual Property Rights. You acknowledge
that PharmaServe owns all right, title and interest
in and to the Service, including without limitation all intellectual property
rights (the "PharmaServe Rights"), and such
PharmaServe Rights are protected by U.S. and
international intellectual property laws. Accordingly, you agree that you will
not copy, reproduce, alter, modify, or create derivative works from the
Service. You also agree that you will not use any robot, spider, other
automated device, or manual process to monitor or copy any content from the
Service. The PharmaServe Rights include rights to (i) the Service developed and provided by PharmaServe; and (ii) all software associated with the
Service. The PharmaServe Rights do not include
third-party content used as part of Service, including the content of
communications appearing on the Service.
·
Your
Intellectual Property Rights. PharmaServe does not
claim any ownership in any of the content, including any text, data, information,
images, photographs, music, sound, video, or other material, that you upload,
transmit or store in your PharmaServe Calendar. We
will not use any of your content for any purpose except to provide you with the
Service.
·
Representations and Warranties. You represent and warrant that (a) all of the information
provided by you to PharmaServe to participate in the
Services is correct and current; and (b) you have all necessary right, power
and authority to enter into this Agreement and to perform the acts required of
you hereunder.
·
Privacy. As a
condition to using the Service, you agree to the terms of the PharmaServe Privacy Policy and the PharmaServe
Calendar Privacy Notice as they may be updated from time to time. PharmaServe understands that privacy is important to you.
You do, however, agree that PharmaServe may monitor,
edit or disclose your personal information, including the content of your
calendars and events, if required to do so in order to comply with any valid
legal process or governmental request (such as a search warrant, subpoena,
statute, or court order), or as otherwise provided in these Terms of Use, the PharmaServe Privacy Policy, and the PharmaServe
Calendar Privacy Notice. Personal information collected by PharmaServe
may be stored and processed in the
·
Account Inactivity. After a period of inactivity, PharmaServe
reserves the right to delete a user's calendars and events. If an account has
been deactivated for inactivity, the email address associated with that account
may be given to another user without notice to you or such other party. For
more information on how PharmaServe deals with
account inactivity, please consult the Program Policies.
·
Termination; Cancellation. You may cancel your use of the Services and/or terminate
this Agreement with or without cause at any time by providing notice to PharmaServe at http://www.PharmaServe.com/accounts/ManageAccount;
provided, however, that a terminated account may continue to exist for up to
two business days before such cancellation takes effect. PharmaServe
may at any time and for any reason terminate the Services, terminate this
Agreement, or suspend or terminate your account. In the event of termination,
your account will be disabled and you may not be granted access to your account
or any files or other content contained in your account although residual
copies of information may remain in our system. Except as set forth above or
unless PharmaServe has previously canceled or
terminated your use of the Services (in which case subsequent notice by PharmaServe shall not be required), if you have provided an
alternate email address, PharmaServe will notify you
via email of any such termination or cancellation, which shall be effective
immediately upon PharmaServe's delivery of such
notice.
·
Indemnification.
You agree to hold harmless and indemnify PharmaServe,
and its subsidiaries, affiliates, officers, agents, and employees from and
against any third party claim arising from or in any way related to your use of
the Service, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs
and attorneys' fees, of every kind and nature. In such a case, PharmaServe will provide you with written notice of such
claim, suit or action.
·
Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in
accordance with the laws of the State of
· Miscellaneous. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" on particular web pages, this agreement and its referenced parts constitutes the entire agreement between you and PharmaServe with respect to the use of Service.