Terms and Conditions

Governing the Use of PharmaServe.com Website

Introduction

PharmaServe, Inc. ("PharmaServe") created and maintains this web site to provide information to assist pharmaceutical representatives to better communicate and serve their physician clientele. You may use this website, provided you comply with these terms and conditions.

Your Acceptance of These Terms and Conditions.

Please take a few minutes to carefully review these terms and conditions. By accessing and using this web site you agree to follow and be bound by these terms and conditions. If you do not agree to follow and be bound by these terms and conditions, you may not access, use or download materials from this website.

These Terms and Conditions May Change

PharmaServe reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of this web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions every time you use this web site. These terms and conditions were last revised on December 15, 2000.

Copyright Notice and Limited License

Everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by PharmaServe Corporation or by one of its affiliates, or by third parties who have licensed their materials to PharmaServe. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. PharmaServe owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print, and copy selected portions of the Content of this site, provided you:

1.       Only use the Content you download for your personal, noncommercial use or to further your business dealings with PharmaServe

2.       Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of PharmaServe

3.       Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of PharmaServe

4.       Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality

No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. PharmaServe reserves all intellectual property rights in any Content you download from this site.

Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from PharmaServe.


Trademark Notice

All of the trademarks, service marks and logos displayed on this web site (the "Trademark(s)") are registered and unregistered trademarks of PharmaServe, one of its affiliates, or third parties who have licensed their Trademarks to PharmaServe or one of its affiliates. Except as expressly stated in these terms and conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining PharmaServe's written permission.

Unsolicited Ideas

PharmaServe welcomes your comments and feedback regarding this web site. All information and materials, including comments, ideas, questions, designs, and the like, submitted to PharmaServe through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting information or materials to PharmaServe through this web site, you assign to PharmaServe, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. PharmaServe will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.

Links to Other Web Sites

This site may contain hyperlinks to web sites that are not operated by PharmaServe. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. PharmaServe does not control these web sites and is not responsible for their content. These third-party web sites (and the web sites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. PharmaServe does not endorse any "off-label" uses. These third-party web sites (and the web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these web sites (and the web sites to which they link) solely at your own risk.

Global Availability

Because different countries around the world have different laws and regulatory requirements, some medical devices and treatments are available in some countries and not in others. This site contains references or cross references to PharmaServe products, programs and services that may not available or announced in your country. These references do not imply that PharmaServe intends to announce such products, programs or services in your country. Consult your local PharmaServe sales representative or contact PharmaServe if you have questions about which products, programs and services may be available to you.

Not a Substitute for Medical Advice

The information provided on this site is not intended nor recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this site is intended to be for medical diagnosis or treatment.

 

Membership

1.       Eligibility. Use of and Membership in the PharmaServe Services is void where prohibited. By using the PharmaServe Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the PharmaServe Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.

2.       Term. This Agreement shall remain in full force and effect while you use the PharmaServe Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. PharmaServe.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.

3.       Fees. Membership in PharmaServe is free of charge.  PharmaServe.com reserves the right to charge for the PharmaServe Services and to change its fees from time to time in its discretion. If PharmaServe.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4.       Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify PharmaServe.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

5.       Non-commercial Use by Members. The PharmaServe Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by PharmaServe.com. Illegal and/or unauthorized use of the PharmaServe Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing is prohibited and will result in automatic termination of your PharmaServe Account.   Appropriate legal action will be taken for any illegal or unauthorized use of the PharmaServe Services.

Website Privacy Policy

Click here to view the PharmaServe website privacy policy.

Website Calendar

Users who have registered and obtained a PharmaServe Account are entitled to use and maintain a PharmaServe Calendar pursuant to the PharmaDate © Calendar Program Terms & Conditions, PharmaDate ©  Calendar Program Policies, and PharmaDate © Calendar Privacy.  

Doctor Database

Users who have registered and obtained a PharmaServe Account are entitled to access the PharmaPhysicians ©  Doctor Database (“PharmaPhysicians © Database” ).   PharmaServe is publishing PharmaPhysicians © Database  online for the benefit of its Members in response to a widely-felt need for more publicly available information about physicians and medical practices.   

PharmaServe makes no representation or warranties, express or implied, in relation to the information, text, data, works, material or other contents (hereafter "Material") contained in the Database, including (without limitation) as to the validity, reliability, accuracy, completeness, or correct translation, of the PharmaPhysicians © Database itself, and of Material contained therein;

The publication of the PharmaPhysicians © Database should not be considered to be legal advice, or to represent an opinion as to the legal validity or appropriateness of any of the Material contained therein. PharmaServe does not take any responsibility for utilization of the PharmaPhysicians © Database, or of any Material obtained from the PhramaPhysicians © Database, for any purpose whatsoever. Furthermore, PharmaServe strongly recommends that independent legal advice is sought prior to utilization of any of the Material contained in the PharmaPhysicians ©  Database, in particular for purposes that may have legally binding consequences;

PharmaServe makes no warranties or representations, express or implied, with respect to the existence of any consents which may be required for the use, incorporation or publication of the Material in the PharmaPhysicians  ©  Database, or the use of such Material by others;

Copyright in the PharmaPhysicians © Database, and its contents, is reserved, without prejudice to copyright and other rights of any Material which is included in the PharmaPhysicians © Database. The PharmaPhysicians © Database may include Material which is the property of third parties, and which is protected by copyright and other intellectual property rights. PharmaServe does not warrant that such rights are not infringed by the publication or use of the PharmaPhysicians © Database. Unless otherwise noted, Material from the PharmaPhysicians © Database may be viewed, copied, downloaded and printed so long as these activities are only carried out for personal, non-commercial purposes, and the source of the Material is expressly acknowledged.

The rights of third parties are reserved, whether any hyperlinking by PharmaServe passes through the home pages of third party host sites, or otherwise, it being understood that third party material to which access has been gained through a PharmaServe hyperlink shall be used subject to the terms and conditions applying to such third party material.

PharmaServe assumes no responsibility for errors or omissions in the PharmaPhysicians © Database, or in the Material published in the PharmaPhysicians © Database. The PharmaPhysicians © Database may include technical or other inaccuracies or typographical errors, and changes may be made periodically.   PharmaServe does not warrant that the PharmaPhysicians ©  Database will operate without interruptions or errors, and does not warrant that errors will be corrected.

PharmaServe may update, make changes to, or delete, Materials in, and related to, the PharmaPhysicians © Database, as well as the software by which it is saved, searched, retrieved and displayed, at any time and without notice. PharmaServe makes no commitment to update the Material in the PharmaPhysicians ©  Database.

The Material contained in the PharmaPhysicians © Database is provided "as is", without any warranties of any kind whatsoever. By accessing the Database, you hereby release and forever waive any and all claims you may have against PharmaServe or the providers of data contained in the PharmaPhysicians © Database (including but not limited to claims based upon the negligence of PharmaServe or the providers of Material contained in the PharmaPhysicians © Database) for any losses or damages that might be sustained in connection with your use of the PharmaPhysicians © Database. Users of the Material contained in this PharmaPhysicians © Database undertake to indemnify and save harmless PharmaServe from and against all claims and suits by third parties for any loss or damage arising out of or in any way connected with the use by such users of the PharmaPhysicians © Database, and any Material contained therein.

  

Menu Services

Members may purchase food online from PharmaServe pursuant to PharmaServe’s PharmaCafe © Online Food Purchase and Cancellation Policy.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, PHARMASERVE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PHARMASERVE DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. PHARMASERVE DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PHARMASERVE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL PHARMASERVE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF PHARMASERVE OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PHARMASERVE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Governing Law and Jurisdiction

This web site is controlled and operated by PharmaServe from its offices within the United States. Any claim relating to, and the use of, this web site are governed by the laws of the State of Indiana, United States of America. By using this web site, you consent to personal jurisdiction in the federal and state courts of Marion County, Indiana, for any action arising out of or relating to this web site or your use of this web site. The federal and state courts of Indianapolis, Indiana shall have exclusive jurisdiction over all such actions.

Entire Agreement

This Agreement constitutes the entire agreement between you and PharmaServe with respect to your access to and/or use of this web site.