AGREEMENT BETWEEN USER AND PHARMACEUTICAL MARKETING RESEARCH GROUP (PMRG)

The PMRG Web Site is comprised of various Web pages operated by PMRG.

The PMRG Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein; your use of the PMRG Web Site constitutes your acceptance of and agreement to all such terms, conditions, and notices.


MEMBER PRIVILEGES

The Member Directory is a confidential and secure directory that provides opportunities for professional networking. Access to the directory is a privilege of membership in PMRG. Only PMRG members in good standing may become and remain participants (Participants).  Each Participant may maintain only one account (and only on behalf of himself or herself), and each will keep his or her personal profile accurate and current at all times. Any violation of these terms may cause PMRG to terminate the member's membership in PMRG.

 

Maintaining the confidentiality and security of the Member Directory should be a priority of all Participants. A Participant must keep his or her membership password to the Web Site secure, and he or she may not share that password with any other person. 


MODIFICATION OF THESE TERMS OF USE

PMRG reserves the right to change the terms, conditions, and notices under which the PMRG Web Site is offered, including but not limited to the charges associated with the use of the PMRG Web Site.

LINKS TO THIRD PARTY SITES

The PMRG Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of PMRG and PMRG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PMRG is not responsible for webcasting or any other form of transmission received from any Linked Site. PMRG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PMRG of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the PMRG Web Site, you promise to PMRG that you will not use the PMRG Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the PMRG Web Site in any manner which could damage, disable, overburden, or impair the PMRG Web Site or interfere with any other party's use and enjoyment of the PMRG Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the PMRG Web Site.

USE OF COMMUNICATION SERVICES

The PMRG Web Site may contain links to social media sites, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with PMRG members and others  (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Post messages or other content, or links to the same, that disparage PMRG, any of its members, any pharmaceutical or other manufacturers, any marketing research companies, or any other members of the pharmaceutical marketing research community, even if you believe that content to be accurate.
  • Post hostile, abrasive, discourteous or disruptive messages or other content, or links to the same, even if you believe that content to be merited.
  • Advertise marketing research services or project bidding opportunities, except in an area of the Communication Services (if any) that may be specifically designated for such content.
  • Post articles, papers, slide presentations or similar major items of content (whether written by you or by third parties) without PMRG’s prior written permission.
  • Post messages or other content that amounts to price-fixing, that seeks to limit competition, or that otherwise violates PMRG’s published antitrust policies.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; any content that promotes illegal activity or criticizes others on the basis of race, nationality, religion, gender, age or sexual orientation; or any content that compromises another person’s privacy (including without limitation contact information or sensitive information such as may pertain to health, religion, income, political views, sexual activities, credit card numbers, social security numbers or comparable information).
  • Upload files that contain software, photographs, articles, papers or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. In general, posting photographs taken by others or entire articles or papers authored by others may constitute a violation of those persons’ copyrights.
  • Upload files that contain cookies, viruses, corrupted files, or any other similar software or programs that may track, interfere with, intrude upon or damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. In general, copying and distributing photographs or entire articles or papers posted by others may constitute a violation of a copyright in that content owned by either PMRG or third parties.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Tamper with or corrupt the Web Site, the Communication Services or any programs or systems within them, or otherwise restrict or inhibit any other user from using and enjoying the Web Site and the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent, or transfer the same to others, or use email addresses acquired through the membership directory to send unsolicited commercial emails to Participants.
  • Violate any applicable laws or regulations.

PMRG has no obligation to monitor the Communication Services. However, PMRG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PMRG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

PMRG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PMRG's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PMRG does not control or endorse the content, messages or information found in any Communication Service and, therefore, PMRG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PMRG spokespersons, and their views do not necessarily reflect those of PMRG.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PMRG OR POSTED AT ANY PMRG WEB SITE

PMRG does not claim ownership of the materials you provide to PMRG (including feedback and suggestions) or post, upload, input or submit to any PMRG Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PMRG, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their respective businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. PMRG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PMRG's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

PMRG does not ensure that participant postings will be properly, continually, timely, or completely placed within the web site.  PMRG does not undertake to review, monitor or edit any content that is posted by participants, and it takes no responsibility for that content. Without limiting the foregoing, PMRG disclaims any responsibility or liability for any postings by participants that violate the restrictions set forth under the caption “use of communication services” above. PMRG also disclaims any responsibility or liability for any internet links that participants may post, including with respect to any of the foregoing matters, or the accuracy, opinions, reliability or privacy practices pertinent to or contained within the linked material. The opinions expressed by any participant will not be deemed to represent the opinions of PMRG or its officers, directors or employees.

The information, software, products, and services included in or available through the PMRG web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. PMRG and/or its suppliers may make improvements and/or changes in the PMRG web site at any time. Advice received via the PMRG web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

PMRG and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the PMRG web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. PMRG and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall PMRG, or its officers, directors, employees or  suppliers, be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the PMRG web site, with the delay or inability to use the PMRG web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the PMRG web site, or the re-distribution of participants’ content by other participants, damage to personal or business reputation, damage to hardware or software, or otherwise arising out of the use of the PMRG web site, whether based on contract, tort, negligence, strict liability or otherwise, even if PMRG or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the PMRG web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the PMRG web site.

SERVICE CONTACT

TERMINATION/ACCESS RESTRICTION


PMRG reserves the right, in its sole discretion, to terminate your access to the PMRG Web Site and the related services or any portion thereof at any time, without notice.

 

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lake County, Florida, U.S.A. in all disputes arising out of or relating to the use of the PMRG Web Site. Use of the PMRG Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PMRG as a result of this agreement or use of the PMRG Web Site. PMRG's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PMRG's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the PMRG Web Site or information provided to or gathered by PMRG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PMRG with respect to the PMRG Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PMRG with respect to the PMRG Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

Except for content posted by Participants, all contents of the PMRG Web Site are: Copyright © 2012 by Pharmaceutical Marketing Research Group and/or its suppliers. All rights reserved.

 

PMRG complies with the provisions of the Digital Millennium Copyright Act (DMCA). If a person who is the owner of a copyright or is entitled to enforce a copyright believes that that copyright is being infringed by virtue of its publication within a Communication Service, that person may notify PMRG by sending a notice containing the following information to Stephanie Reynders @ Stephanie@pmrg.org:

 

  • PMRG's name and URL.
  • Identification of what property is being infringed and where it is located on PMRG's Web Site.
  • The complaining person's contact information.
  • A statement of good faith belief that the material appearing within the Communication Service is infringing.
  • A statement made under pain of perjury that the information provided is accurate and the complaint is authorized by the copyright owner or the person entitled to enforce the copyright.
  • The physical or electronic signature of the person authorized to act on behalf of the copyright owner.

 

Rev: 4/19/12