Last modified: December 24, 2010.
PharmaXChange.info Terms of Service
Welcome to the PharmaXChange.info. We’re glad you’re here. Here are some things you should know before you get started:
1. ACCEPTANCE OF TERMS; DESCRIPTION OF SERVICES
These Terms of Service (“TOS”) between you and PharmaXChange.info govern your access to and use of the services and PharmaXChange.info websites (as identified by “PharmaXChange.info” in the banner or footer of such websites and corresponding URLs) and which may be accessed via various existing or future media or devices (the “PharmaXChange.info Services”).
By accessing or using the PharmaXChange.info Services, you agree to be bound by this TOS. This TOS incorporates by reference the PharmaXChange.info Disclaimer, Guidelines, Copyright and Intellectual Property Guidelines and Privacy Policy (collectively, the “PharmaXChange.info Agreements”).
2. CONTENT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials whether publicly displayed or privately transmitted on the PharmaXChange.info Services (“Content”) are the sole responsibility of the person or entity from whom such Content originated. The Content is intended for your personal, noncommercial use. All materials posted on the PharmaXChange.info Services are protected by copyright and are owned or controlled by PharmaXChange.info or the party credited as the provider of the Content. You must abide by all copyright notices and any other terms restricting your use of any Content.
The PharmaXChange.info Services, including any Content, is protected by copyright under U.S. and international copyright laws. You may not publish, reproduce (except as permitted in the next sentence), transmit, participate in the sale or transfer of, create new works from, distribute, perform, display, or in any way exploit any of the PharmaXChange.info Services, including Content, in whole or in part. You may copy or download Content for personal, noncommercial use only, provided that you maintain all copyright notices and other restrictive notices contained on such Content. Copying or storing any Content for any nonpersonal use is expressly prohibited without prior written permission from PharmaXChange.info.
Content is owned by or licensed to PharmaXChange.info. PharmaXChange.info does not guarantee the accuracy, integrity, or quality of Content, including that originating from its licensors, and you understand that by using the PharmaXChange.info Services that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. PharmaXChange.info will, under no circumstances, be liable for any Content, including Content errors or omissions, or any loss or damage of any kind, including financial or trading losses, resulting from the use of any Content made available via the PharmaXChange.info Services.
3. USER-GENERATED CONTENT
You acknowledge and agree that any content that you upload, post, email, transmit, or otherwise make available to the PharmaXChange.info Services including comments, forum or board messages, reviews, shared activities, and updates (“User-Generated Content” or “UGC”) may be edited, modified, removed, published, transmitted, or displayed by PharmaXChange.info and that you hereby waive any rights you may have regarding your UGC being altered or manipulated in any way that may be objectionable to you. You further agree that by submitting UGC that you consent to its display on the PharmaXChange.info Services, and for any related promotional use, whether on the PharmaXChange.info Services or on other websites or in other media. You also understand and agree that UGC includes content submitted by you that are transmitted to PharmaXChange.info via your PharmaXChange.info updates from other PharmaXChange.info owned and operated sites, and that UGC may be shared via the PharmaXChange.info Services via RSS feeds or other API-enabled feeds or updates.
Subject to the terms and conditions of this TOS, you hereby grant PharmaXChange.info a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the UGC, including without limitation the right for PharmaXChange.info or any third party PharmaXChange.info designates, to: use, copy, transmit, excerpt, publish, distribute, publicly display or perform, create derivative works of, host, index, cache, tag, encode, modify, and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning, or other technologies now or in the future), in any form or media now known or developed in the future, any UGC submitted by you on or via the PharmaXChange.info Services or any other website owned or operated by PharmaXChange.info.
You may not upload, post, email, transmit, or otherwise make available any UGC that:
a. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harms minors in any way;
c. impersonates any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forges headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PharmaXChange.info Service;
e. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of any party.
You also may not upload, post, email, transmit, or otherwise make available:
a. any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
b. any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
You also many not:
a. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the PharmaXChange.info Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
b. interfere with or disrupt the PharmaXChange.info Services or servers or networks connected to the PharmaXChange.info Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the PharmaXChange.info Services, including using any device, software, or routine to bypass our robot exclusion headers;
c. intentionally or unintentionally violate any applicable local, state, national, or international law;
d. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
e. “stalk” or otherwise harass another;
f. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above; or
g. circumvent, or attempt to circumvent, by any means, any CAPTCHA controls or other identity-verification controls implemented by PharmaXChange.info.
You are solely responsible for your UGC, and while PharmaXChange.info does not and cannot review all UGC and is not responsible for such UGC, PharmaXChange.info reserves the right to delete, move, or edit UGC that it, in PharmaXChange.info’s sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4. UNSOLICITED SUGGESTIONS TO PharmaXChange.info
Notwithstanding the terms of Section 3, by submitting ideas, suggestions, documents, or proposals (“Unsolicited Suggestions”) to PharmaXChange.info through its suggestion or feedback pages, you acknowledge and agree that: (a) your Unsolicited Suggestions do not contain confidential or proprietary information; (b) PharmaXChange.info is not under any obligation of confidentiality, express or implied, with respect to the Unsolicited Suggestions; (c) PharmaXChange.info shall be entitled to use or disclose (or choose not to use or disclose) such Unsolicited Suggestions for any purpose, in any way, in any media worldwide; (d) PharmaXChange.info may have something similar to the Unsolicited Suggestions already under consideration or in development; (e) your Unsolicited Suggestions automatically become the property of PharmaXChange.info without any obligation of PharmaXChange.info to you; and (f) you are not entitled to any compensation or reimbursement of any kind from PharmaXChange.info under any circumstances.
5. PharmaXChange.info AUTHORS; YOUR REGISTRATION OBLIGATIONS
PharmaXChange.info Authors. “PharmaXChange.info Authors” are individuals who wish to submit original articles to PharmaXChange.info for publication on the PharmaXChange.info Services. Once you register successfully as a PharmaXChange.info Author, content that you submit via the submission process that may include any technology, designs, articles, written expressions, materials, content, graphics, data, information, images, photographs, art, illustrations, animations, video, audio, or audio/visual work, music, text, and/or any works of authorship that You provide to PharmaXChange.info hereunder, whether or not eligible for patent, copyright, trademark, trade secret, or other legal protection (“Submissions”) is subject to the terms of (a) the Master License Agreement (“MLA”) and Payment Policies and (b) the applicable PharmaXChange.info License elected by you during the submission process. The MLA and PharmaXChange.info Licenses are collectively referred to as the “Author Licenses,” and as a reminder, these Author Licenses are incorporated into and made part of this TOS.
Registration Data: To register as a PharmaXChange.info Author and in consideration of your use of the PharmaXChange.info Services, you represent that you can form a binding contract and are not a person barred from receiving the PharmaXChange.info Services under the laws of the United States or other applicable jurisdiction. You also agree that during the PharmaXChange.info registration process and thereafter that you will provide and maintain true, accurate, current, and complete information about yourself (the “Registration Data”). You may not create a member ID with the intent to impersonate another person, nor may your member ID contain offensive language. If PharmaXChange.info, in its sole discretion, believes that you have not complied with the terms of this paragraph, then PharmaXChange.info may suspend or terminate your account and refuse any and all current or future use of any part or all the PharmaXChange.info Services by you.
Your Account and Password; Security
When you register, you will select a password for your PharmaXChange.info account. You are solely responsible for maintaining the confidentiality of your password and account. You must notify PharmaXChange.info immediately of any suspected unauthorized use of your password or account or any other breach of security. You are also fully responsible for all activities that occur under your password or account, and any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account and you may be referred to law enforcement agencies, at PharmaXChange.info’s sole discretion. PharmaXChange.info cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Conduct; DRM
You acknowledge, consent and agree that PharmaXChange.info may access, preserve, and disclose your Registration Data and related account information, and your UGC or Submissions, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any UGC or Submissions violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of PharmaXChange.info, its users, and the public.
You understand that the PharmaXChange.info Services and software embodied within the PharmaXChange.info Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by PharmaXChange.info and/or content providers who provide content to the PharmaXChange.info Services. You may not attempt to override or circumvent any of the usage rules embedded into the PharmaXChange.info Services. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the PharmaXChange.info Services, in whole or in part, is strictly prohibited.
6. INTERSTATE NATURE OF COMMUNICATIONS ON PharmaXChange.info NETWORK
By using the PharmaXChange.info Services to send electronic communications, you will cause communications to be sent through PharmaXChange.info’s computer networks, portions of which are located across the U.S. in various states and in locations in other countries. As a result, communications that may appear to be intrastate in nature may result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that your use of the PharmaXChange.info Services results in interstate data transmissions.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Use of the PharmaXChange.info Services and transfer, posting, and uploading of software, technology, and other data via the PharmaXChange.info Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content. You hereby (a) agree to comply with all applicable export and import laws and regulations and any applicable local rules regarding online content; (b) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the PharmaXChange.info Services to parties identified on such lists; (c) agree not to use the PharmaXChange.info Services for military, nuclear, missile, chemical, or biological weaponry end uses in violation of U.S. export laws; and (d) agree not to transfer, upload, or post via the PharmaXChange.info Services any software, technology, or other technical data in violation of U.S. or other applicable export or import laws.
8. INDEMNITY
You agree to indemnify and hold PharmaXChange.info Inc. and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your UGC, your Submissions, your use of the PharmaXChange.info Services, your connection to the PharmaXChange.info Services, your violation of the TOS, or any other agreement incorporated thereto, or your violation of any rights of another.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PharmaXChange.info may establish general practices and limits concerning use of the PharmaXChange.info Services, including the maximum number of days that uploaded Content will be retained by the PharmaXChange.info Services and the maximum number of times (and the maximum duration for which) that you may access the PharmaXChange.info Services. PharmaXChange.info has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the PharmaXChange.info Services. PharmaXChange.info may log off accounts that are inactive for an extended period of time. PharmaXChange.info reserves the right to modify these general practices and limits from time to time. Your agreement to this TOS constitutes your consent to allow PharmaXChange.info to store these communications on its servers.
10. TERMINATION
PharmaXChange.info may, without prior notice and at its sole discretion, immediately terminate, limit your access to, or suspend your PharmaXChange.info Author account and access to the PharmaXChange.info Services, for no reason or for cause which may include your breach of the TOS. PharmaXChange.info shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the PharmaXChange.info Services.
Termination of your PharmaXChange.info Author account includes any or all of the following: (a) removal of access to all or part of the offerings within the PharmaXChange.info Services, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the PharmaXChange.info Services.
Perpetual licenses granted by you to PharmaXChange.info per the MLA will remain in full force and effect, including applicable payment obligations by PharmaXChange.info to you.
11. DEALINGS WITH ADVERTISERS
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the PharmaXChange.info Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that PharmaXChange.info shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the PharmaXChange.info Services.
12. LINKS
The PharmaXChange.info Services may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that PharmaXChange.info is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PharmaXChange.info 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 any such content, goods, or services available on or through any such site or resource
13. PharmaXChange.info’S PROPRIETARY RIGHTS
You acknowledge and agree that the PharmaXChange.info Services and any necessary software used in connection with the PharmaXChange.info Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the PharmaXChange.info Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by PharmaXChange.info or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the PharmaXChange.info Services, such Content or the Software, in whole or in part.
PharmaXChange.info grants you a personal, nontransferable and nonexclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the PharmaXChange.info Services. You agree not to access the PharmaXChange.info Services by any means other than through the interface that is provided by PharmaXChange.info for use in accessing the PharmaXChange.info Services.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE PharmaXChange.info SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PharmaXChange.info SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PharmaXChange.info AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
b. PharmaXChange.info AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (i) THE PharmaXChange.info SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PharmaXChange.info SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PharmaXChange.info SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PharmaXChange.info SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PharmaXChange.info SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PharmaXChange.info OR THROUGH OR FROM THE PharmaXChange.info SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE PharmaXChange.info SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE PharmaXChange.info SERVICE. IMMEDIATELY DISCONTINUE USE OF THE PharmaXChange.info SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE PharmaXChange.info SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PharmaXChange.info AND ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PharmaXChange.info HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE PharmaXChange.info SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PharmaXChange.info SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE PharmaXChange.info SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.
17. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
18. NOTICE
PharmaXChange.info may provide you with written notices to the email address provided by you in your Registration Data. PharmaXChange.info is not responsible for damage or losses that may be incurred by you as a result of your failure to receive such notices due to inaccurate or incomplete Registration Data, spam filters, or your lack of internet access.
19. TRADEMARK INFORMATION
You agree that all of PharmaXChange.info’s trademarks, trade names, service marks, and other PharmaXChange.info logos and brand features and product and service names are trademarks and the property of PharmaXChange.info (the “PharmaXChange.info Marks”). You agree not to display or use in any manner the PharmaXChange.info Marks without PharmaXChange.info’s prior permission.
20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PharmaXChange.info respects the intellectual property of others, and we ask our users to do the same. PharmaXChange.info may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.
21. GENERAL INFORMATION
Entire Agreement. This TOS, which incorporates by reference the Privacy Policy, MLA, and any applicable Guidelines, constitutes the entire agreement between you and PharmaXChange.info and governs your use of the PharmaXChange.info Services, superseding any prior version of this TOS between you and PharmaXChange.info with respect to the PharmaXChange.info Services.
Choice of Law and Forum. You and PharmaXChange.info each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Maharashtra (India) without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and PharmaXChange.info, shall be brought exclusively in the courts located in the city of Mumbai, Maharashtra (India). You and PharmaXChange.info agree to submit to the personal jurisdiction of the courts located within the city of Mumbai (India) and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of PharmaXChange.info to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Nontransferability. You agree that your PharmaXChange.info account is nontransferable and any rights to your PharmaXChange.info ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate or as otherwise permitted per the terms of this TOS, your account may be terminated and all associated Content or UGC may be permanently deleted. Notwithstanding the foregoing, in the event that you have, subject to the MLA, a) contributed Submission(s) to PharmaXChange.info, b) PharmaXChange.info has exercised its Option to the License Grant Type elected by you, and c) have properly established a means for receiving payments per the Payment Policy, then upon receipt of documentation sufficient, in PharmaXChange.info’s sole reasonable discretion, to establish a beneficiary to your estate that includes rights to your PharmaXChange.info account, then PharmaXChange.info will effect the transfer of your PharmaXChange.info account limited solely to receipt of payments due and specifically excludes any rights to edit existing Submissions, create new Submissions or modify Registration Data.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PharmaXChange.info Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. VIOLATIONS Please report any violations of the TOS to us via the contact page.