OTCGUIDE

Terms of Use

Scope of Terms of Use
 
The following Terms of Use govern your use of this Website provided to you by Pharmacy and Healthcare Communications, LLC (“P
HC” or “we” or “us” or “our”) or one of its subsidiaries, and any and all content made available from or through this Website, including any subdomains thereof (the “Website”). PHC provides users with access to a wide variety of resources on the www.otcguide.net domain including, but not limited to articles, reference tools, communication tools, message boards, and search websites. PHC reserves the right to terminate access to the Website for any reason, and to take any other actions that PHC, in its sole discretion, believes to be in the interest of the company and of its users as a whole. PHC may change these terms from time to time, without advance notice. You will always be able to view the most current version by clicking on a link at the bottom of any page on our site. By using the Website, you accept and agree to these Terms of Use. 
 
 
Our Information
 
We include a lot of information within the Website, including articles, references, tools, and advertising. We follow a standard set of editorial procedures for information that we make available through the Website. However, the information contained in this Website is for general information purposes only. The reader is encouraged to confirm the information presented with other sources. The use of the Website is at your own risk and the Website and the content are provided on as “AS IS” basis. PHC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, timeliness, reliability, or suitability of the information. PHC expressly disclaims liability for any errors and omissions in the content of this Website. PHC reserves the right to alter or correct any error or omission in the information it provides on this Website, without any obligations. PHC further disclaims any and all liability for any direct, indirect, consequential, special, exemplary, or other damages arising from the use or misuse of any material or information presented on this Website. Through this Website, users are able to link to other websites which are not under the control of PHC.  Therefore, PHC is not responsible for the nature, content, advertisements, and/or availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Some information made available through the Website may be provided by our users. We are not responsible for that information. Whether the information is provided by us or our user, we are not liable for any damages resulting from your use of the information made available through the Website. The views expressed on this Website are those of the authors and do not necessarily reflect the opinion or policy of PHC. While we welcome your feedback regarding the Website, we must make the final decisions about the content made available through the Website. You can use the feedback link on our homepage to send us comments. If you are dissatisfied with our response or with the content of the Website, your only remedy is to stop using the Website.
 
 
Proprietary Rights
 
You acknowledge and agree that the Website and information, content, and software presented to you through the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, website marks, patents or other proprietary rights and laws. Except as expressly authorized by us or our advertisers, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Website of any information presented to you through the Website, in whole or in part.
 
You may look at our Website online, download individual articles to your personal or handheld computer for later reading, and even print a copy of an article for yourself. You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms of Use. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.
 
Linking to Us
 
Usually, we don’t mind if you include a simple link from your website to our Website. However, you must first ask our permission if you intend to frame our Website or incorporate pieces of it into a different website or product in such a way that is not clear to our users that we are the source of the content. You are not allowed to link to us if you engage in the publication or promotion of illegal, obscene, or offensive content, or if the link in any way negatively impact on our reputation.
 
Information That You Provide to PHC
 
When you upload materials or information to areas of our Website that are publicly available, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform, and publicly display that information. For example, we have the right to display a comment that you post on one of our discussion boards for as long as we want. We will consider requests to remove information that you make publicly available through our Website on an individual basis (contact us at the e-mail address we provide at the end of this document). For information and materials you upload to areas of our Website that are not publicly available, please see our Privacy Policy for an explanation of how we use that information and your rights to change or delete it. We provide the link to our privacy policy later in this document. We ask that you not post any messages with misleading, false, or inappropriate language or statements. We reserve the right to remove any content that we deem offensive or fraudulent at any time without your consent.
 
Dealing With Advertisers
 
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or websites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we 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 Website.
 
Laws That Govern This Agreement
 
PHC controls this Website from its offices within the state of New Jersey in the United States of America. The Website can be accessed from any of the United States and from other countries worldwide. Since the laws of each state or country able to access the Website may differ, by accessing the Website both you and PHC agree that the statutes and laws of the state of New Jersey, without regard to choice of laws principles, will apply to all matters relating to use of our Website. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  PHC makes no representation that materials made available through the Website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.
 
The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability, Member Conduct, Proprietary Rights, Indemnity, Laws that Govern this agreement, and Consequences.
 
Acceptance Procedure
 
By accessing materials through our Website or registering you agree with all the terms and conditions of these Terms of Use. We reserve the right, in our sole discretion, to change these Terms of Use from time to time, and your continuing use of our Website constitutes your acceptance of and agreement to any changed terms and conditions.
 
Privacy Policy
 
At PHC, the privacy of our users on the Internet is of the utmost importance. The purpose of our privacy policy is to identify the information we may collect about you, describe the uses we may make of your information and the security measures we take to protect it, and describe your options for controlling your information. You can review our Privacy Policy for the Website by clicking the link on the bottom of our Website.
 
Consequences
 
We may also take any legal action we think is appropriate. If your violation of these Terms of Use causes harm to others, you agree to hold PHC harmless against any liability for that harm. If there is any dispute between us concerning these Terms of Use or your use of our Website, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.
 
Termination and Modification
 
You agree that PHC may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or remove any information you uploaded or provided to our Website with or without notice. Cause for termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. You agree that all terminations for cause shall be made in PHC’s sole discretion and that PHC shall not be liable to you or any third party for any termination of access to the Website.
 
Indemnity
 
You agree to defend, indemnify, and hold PHC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
 
Notice and Take Down Procedures and Copyright Agent
 
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from our Website by contacting PHC’s copyright agent (identified below) and providing the following information:
 
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (eg, URL) of an authorized version of the work.
 
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
 
3. Your name, address, telephone number and (if available) e-mail address.
 
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
 
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
 
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
 
 
PHC’s agent for copyright issues relating to this Website is as follows:
 
Pharmacy & Healthcare Communications, LLC 
 
666 Plainsboro Road, Bldg. 300
 
Plainsboro, NJ 08536
 
609-716-7777
 
In an effort to protect the rights of copyright owners, PHC maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.
 
Complete Agreement
 
Except as expressly provided in a particular “legal notice” on the Website, these Terms of Use constitutes the entire agreement between you and PHC with respect to your use (and prior use) of the Website.
 
Questions or Concerns About Our Terms of Use
 
For questions or concerns about these terms of use, please send an e-mail to support@pharmacytimes.com.
 
 
 
 

 
Intellisphere, LLC
666 Plainsboro Road
Building 300
Plainsboro, NJ 08536
P: 609-716-7777
F: 609-716-4747

Copyright HCPLive 2006-2012
Intellisphere, LLC. All Rights Reserved.