You must read and agree to these terms to Search the Network. You have a choice of checking the box below or checking the box located at the bottom of the page. Be advised however that you are bound to the terms of the agreement whether the top or bottom box is chosen.
LEGAL NOTICE & DISCLAIMER:
PHARMNEST IS NOT A DOCTOR OR PROVIDER OF MEDICAL SERVICES, MEDICAL TREATMENT, MEDICAL DIAGNOSES, OR MEDICAL DEVICES.
PHARMNEST WILL NOT TREAT, EVALUATE, OR DIAGNOSE MEDICAL CONDITIONS WITHOUT EXCEPTION. PHARMNEST ONLY PROVIDES THE MECHANISM FOR SCIENTIFIC PROFESSIONALS TO NETWORK, LOCATE AND CONNECT WITH EACH OTHER.
PHARMNEST IS NOT IN ANY LIABLE FOR MEDICAL TREATMENT, MEDICAL DECISION MAKING, OR MEDICAL ADVICE TO OR FOR ANY PARTICIPANT OR POTENTIAL PARTICIPANT IN PHARMNEST NETWORK, SERVICES OR OTHERWISE.
BEFORE USING PHARMNEST WEBSITE YOU MUST READ, VERIFY THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS OF — USE, AND THAT YOU FULLY UNDERSTAND THESE TERMS AND CONDITIONS.
TERMS AND CONDITIONS OF — USE AGREEMENT OF PHARMNEST.COM
BY USING PHARMNEST WEBSITE IN ANY SHAPE OR MANNER YOU AGREE THAT YOU ARE:
(I) A MEMBER OR SUBSCRIBER OF PHARMNEST
(II) AN INDIVIDUAL(S)/GROUP, ORGANIZATION, COMPANY, AGENCY ETC INTERESTED IN PARTICIPATING IN SHARING SCIENTIFIC OR GENERAL MEDICAL RELATED INFORMATION OR
(III) AN INDIVIDUAL SEEKING INFORMATION ABOUT A SCIENTIFIC, CLINICAL TRIAL OR PHARMACEUTICAL INFORMATION.
IF YOU DO NOT AGREE THAT YOU BELONG IN ONE OF THESE CATEGORIES OF — USERS, YOU MUST IMMEDIATELY STOP USING THIS WEBSITE AND CONTACT US IMMEDIATELY. IF YOU ARE NOT IN ONE OF THESE CATEGORIES YOU DO NOT HAVE OUR PERMISSION TO CONTINUE USING THIS WEBSITE. BY ACCESSING, BROWSING, OR USING THIS WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO OUR TERMS AND CONDITIONS OF — USE WITHOUT LIMITATION OR QUALIFICATION. YOU FURTHER UNDERSTAND, ACCEPT, AND AGREE THAT ANY OTHER INCONSISTENT AGREEMENT BETWEEN YOU AND ANY ONE OR MORE OF THE PARTICIPATING SPONSOR ORGANIZATIONS OR INVESTIGATORS IS SUPERSEDED AND OF NO FORCE OR EFFECT. YOUR ACCESS AND — USE OF PHARMNEST.COM IS SUBJECT TO THESE TERMS AND CONDITIONS OF — USE AND ALL APPLICABLE FEDERAL AND STATE LAWS. IN EXCHANGE FOR OUR PERMITTING YOUR — USE OF OUR WEBSITE, YOU HAVE AGREED TO THE TERMS AND CONDITIONS RECITED HEREIN. ADDITIONALLY, IN THE EVENT THAT ANY LEGAL ACTION IS MADE, TAKEN, OR COMMENCED BY YOU OR ON YOUR BEHALF AGAINST PHARMNEST, OR ITS PRINCIPALS, OFFICERS, AND SHAREHOLDERS BY ANY PERSON OR ENTITY ON ACCOUNT OF, OR IN ANY MANNER RELATED TO OR ARISING FROM YOUR — USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD US FOREVER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS, ATTORNEYS FEES AND COSTS OF LITIGATION. PHARMNEST.COM MAY CONTAINS INFORMATION RELATING TO VARIOUS MEDICAL CONDITIONS AND DISEASES, THE TREATMENT OF MEDICAL CONDITIONS AND DISEASES, AND THE AVAILABILITY OF CLINICAL RESEARCH AND TRIALS RELATING TO SUCH CONDITIONS AND DISEASES. SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL AND CURIOSITY PURPOSES ONLY. IT IS NOT MEANT TO BE A SUBSTITUTE FOR ANY MEDICAL ADVICE PROVIDED BY A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY MEDICAL DISEASE OR CONDITION.
Terms and Conditions of Use of PharmNest.com
1. Use of Our Web Site. The information provided on this web site is for general informational and educational purposes only. You may access, download, display, or print information from this web site solely for non-commercial educational, personal or family use. Your access to and use of the information contained in this web site is subject to this Terms and Conditions of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms and Conditions of Use Agreement.
2. Website Content. PharmNest.com contains information relating to various medical conditions and diseases, the treatment of such conditions and diseases, and the availability of clinical research and trials for the purpose of investigation and approval of new therapeutic treatments for such conditions and diseases (collectively referenced herein as “Medical Information”). The Medical Information on PharmNest.com together with all text, graphics, software, images and other information, products and services, and content, whether obtained from one or more Sponsor Organizations, government organizations, clinical trials or elsewhere, (such information, content, products and services altogether referred to as the “Content”) is for informational purposes only. Much of the Content has been summarized by PharmNest.com in order to present you with a concise and easy to understand format. Therefore, the Content must not be relied upon as an exclusive source of information.
3. Participation. If you are interested in a particular clinical trial or study you should contact the trial coordinator or trial sponsor for additional information.
YOU MUST NOT RELY ON THE CONTENT OF THIS WEBSITE FOR DIAGNOSING ANY DISEASE, PROBLEM OR MEDICAL CONDITION.
YOU MUST NOT RELY ON THE CONTENT OF THIS WEBSITE FOR SELECTING OR RECEIVING ANY KIND OF MEDICAL, DIAGNOSTIC, OR PHARMACOLOGIC TREATMENT.
YOU MUST NOT RELY SOLELY ON THE CONTENT OF THIS WEBSITE IN DETERMINING THE PROPRIETY OF YOUR PARTICIPATE IN ANY FORM OF CLINICAL RESEARCH, TRIAL, OR STUDY. YOU MUST CONSULT YOUR OWN PHYSICIAN(S) OR HEALTH CARE PROVIDERS TO ASSURE THAT PARTICIPATION IN ANY CLINICAL TRIAL IS PROPER FOR YOU.
YOU MUST ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING ANY DISEASE OR ANY MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE BECA– USE OF SOMETHING YOU HAVE READ ON PHARMNEST.COM. PHARMNEST.COM DOES NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCTS, PROCESSES, SERVICES, OR CLINICAL RESEARCH.
4. Disclaimer of Warranties. Neither PharmNest.com, nor the Sponsor Organizations nor any party involved in creating, producing, delivering or maintaining PharmNest.com make any warranties or representations of any kind as to the accuracy, currency, completeness, timeliness or availability of the Content provided through PharmNest.com . THE INFORMATION, SERVICES AND CONTENT PROVIDED THROUGH PHARMNEST.COM ARE PROVIDED “AS-IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ACCESS TO AND — USE OF PHARMNEST.COM AND THE INFORMATION, SERVICES AND CONTENT PROVIDED THEREIN IS AT YOUR OWN RISK. PHARMNEST.COM, THE SPONSOR ORGANIZATIONS AND EACH PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING PHARMNEST.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability. PharmNest.com is provided to Participants, Potential Participants, and Sponsor Organizations as a free informational service. Neither PharmNest.com, the sponsor organizations, nor any party involved in creating, producing, delivering or maintaining PharmNest.com shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of or relating to access to, use of, or inability to use PharmNest.com or any content or services provided there through, or any errors or omissions in PharmNest.com’s content or services, whether based on warranty, contract, negligence, tort, or any other legal theory, and whether or not PharmNest.com, any participating organization or any party involved in creating, producing, delivering or maintaining PharmNest.com is advised of the possibility of such damages. This limitation includes, but is not limited to, personal injury, including death as well as damages to your computer equipment, including damages that may be caused by or arise from a virus that infects your computer equipment.
6. Claims. Any claim arising in connection with your use of PharmNest.com or any Content (including, without limitation, any information, product, or service) must be brought within one (1) year of the date that the event giving rise to such claim occurred. Without prejudice to the Disclaimer of Warranties, above, and the Limitation of Liability, above, and at PharmNest.com’s sole election, PharmNest.com may settle in full any claim brought by you arising out of or relating to any allegedly inaccurate or defective information, product, or service you received from or through PharmNest.com by (a) replacing that information, product, or service with accurate information or a non-defective product or service, (b) by refunding the amount, if any, actually paid by you for that information, product, or service, or (c) by paying you U.S. $150.
7. Choice of Law. Any claim arising in connection with your use of PharmNest.com shall be resolved under the laws of the State of California.
8. Choice of Forum. Any claim arising in connection with your use of PharmNest.com shall be arbitrated through the American Arbitration Association.
9. Indemnification. You agree to indemnify, defend and hold forever harmless PharmNest, each Sponsor Organization, and any other party involved in creating, producing, delivering or maintaining PharmNest.com and each of their respective officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions of Use.
11. Links. You are not permitted to link to our website without our express written consent.
12. Trademarks. The names and logos of the PharmNest and the Sponsor Organizations and any company or product names appearing on PharmNest.com, whether or not appearing in large print or with the trademark symbol, may be trademarks of the PharmNest, a Participating Organization, or any of their affiliates, related companies, licensors, joint venture partners or other third parties. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
13. Void Where Prohibited. PharmNest.com and its Content are intended to comply with the laws and regulations in the United States. Although the information on PharmNest.com is accessible to users outside of the United States, the information herein is intended for use only by residents of the United States. Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. PharmNest.com may have links to other sites some of which are outside the United States. Those websites may have information that is appropriate only to that particular originating country.
14. Updates. We may at any time revise these Terms and Conditions of Use by contacting you if you have provided us your email address and it is still on record and/or by posting such change to the PharmNest website. You are bound by any such revisions, and you should therefore periodically visit this page to review the then current Terms and Conditions of Use to which you are bound.
15. Miscellaneous. If any provision of this Terms and Conditions of Use Agreement is held to be unlawful, void, or unenforceable, then such provision shall be deemed severed without affecting the enforceability of all remaining provisions. Our failure to exercise any right or remedy available upon your breach of this Terms and Conditions of Use Agreement or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (i) our rights or remedies, (ii) the requirement of punctual performance or (iii) any right or remedy in connection with a subsequent breach or default on your part. We reserve the right to alter or delete Content on PharmNest.com at any time at our discretion.
We at PharmNest are concerned about protecting your privacy, however our ability to do so is only as good as the amount of information that you choose to share on our website, or with the other users of our website. WE DO NOT REVIEW YOUR SUBMISSIONS FOR THE PURPOSE OF ENSURING YOUR PRIVACY. THEREFORE YOU MUST BE CERTAIN NOT TO POST PRIVATE INFORMATION TO SECTIONS THAT ARE AVAILABLE TO BE READ BY OTHERS.
1. — USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION: Unless we state otherwise herein or at the time of collection or unless otherwise agreed to by you, any Personal Information you provide us or which we collect: (a) will only be used for the purpose for which you provide it; and (b) will not be disclosed to any other third parties.
2. PERSONAL INFORMATION THAT YOU PROVIDE TO US: In some cases, you may choose to provide us with Personal Information in order to contact us or to request information. In these cases, we ask that you provide us with only the minimum information needed to assist you (for example, your email address as a means of contacting you). If you chose to register in a forum please create a unique name that does not have any link to your personal health information.
Some examples of places where you may provide us with Personal Information on PharmNest.com are as follows:
b. Email Notification Service. To register for any bulletin, newsletter, or news update that we may issue, you only need to provide us with an email address. All other information (e.g., your zip code) is optional. If you submit your email through the Notification Service, we will use your email address to send you our bulletin, newsletter, news updates, or important notices. If you no longer desire to receive our newsletter and important notices, you may follow the “unsubscribe” instructions on our website and/or in the email notifications themselves. If you experience difficulty in unsubscribing, you may Contact Us directly for help.
c. Email Page Service. When you click on one of our “Email this Page” to a friend links, we email the article or other content you designate to your friend’s email address and list your email address as the sender. We use your friend’s email address only for the purpose of sending your friend the email you requested. While we may store both email addresses, we do not use them for any other purpose unless disclosed to you at the time you send the email.
d. Request for Information. Sponsors or delegates acting on their behalf may submit a ‘Request for Information’ via the website. You must provide your name and basic information about the request. In addition, you may elect to provide other information such as your e-mail address, company name, and fax number. All information you provide will be forwarded to PharmNest via e-mail. Do not provide information you or your organization deem confidential.
e. Request Printed Materials Service or subscription. You may request copies of printed materials of interest that we list on PharmNest.com. In order to receive these materials, you may be asked to furnish your name, address, email address, and telephone number, and you may be asked to state whether you are a patient/subject, family member of a patient, or a physician, how you learned of the PharmNest, and whether you learned of the PharmNest through one of the Sponsor Organizations. Such information may be collected and used to assess the effectiveness of the PharmNest, but your name and address will not be disclosed to any Sponsor Organization. Also subscription fee may apply.
3. INFORMATION WE COLLECT AUTOMATICALLY: We keep regular logs of use of the website and use of our content and services. Information collected includes, but is not limited to, pages viewed, browsers used to access the site, search terms used and various other non-personally identifiable statistical data. This information is only collected and viewed as aggregated data, without reference to individual users. We may share this information with the participants of the PharmNest or other outside companies, but in doing so, we will not disclose Personal Information.
a. Cookies. Cookies allow us to customize the information we provide according to your profile and preferences. Widely used on the Internet, cookies have become an industry standard. Although a cookie cannot, in and of itself, identify you, it can identify your computer. Your browser is most likely set up to accept cookies automatically. If you’d like to disable cookies, you may do so by adjusting the options or preferences in your browser. However, by doing so, you may lose some of the functionality of our website.
b. IP Addresses. An IP address is a number that is automatically assigned to your computer whenever you begin service with an Internet Service Provider. We may collect IP addresses for the purposes of system administration and to audit the use of our website. Each time you log onto our website and each time you request one of our pages, our server logs your IP address. Although we log your session with us, we will not normally link your IP address to anything that can enable us to identify you.
c. Email Links: When some of the links on our website are clicked, they automatically open up a new mail message from your Microsoft Outlook (e.g., email links to Trial Coordinators or “Contact Us” links). This is a common feature on Internet websites which we use to enable you to email us and/or third parties directly from your email account. Any message sent this way will be as private a communication as any other email you would send from your email account. Be sure to take note of whom you are sending the message to by looking in the “To:” box of your new message. We may also have put a subject heading in the “Subject:” box and/or attached some content in the body of the message or as an attachment (e.g., “Email a Page”). You can change the Subject heading as well as the recipient of the message by clicking in the appropriate box. In addition, you can delete any attachment or content we put in the message body by simply highlighting the material you desire to delete and hitting the delete key on your keyboard. Unless the message is being sent to us, we will not have access to the content of the message. As with all email, be sure to use caution with regard to what information you are sending and to whom you are sending it. Once sent, the recipient will know your email address and any other information provided in the body of the message or as an attachment.
d. LINKS TO OTHER SITES AND CO-BRANDED PARTNERS: Linking to other sites is an integral part of the functionality of the Internet, including this website. Any link to a page which displays a URL other than “PharmNest.com” in the address window of your browser, is a link to a site outside of our control. This includes links to clinical trials, government websites, our partners and service providers as well as other suggested links. Some of these third party sites may have a similar look and feel to our own as part of a co-branding agreement. Such sites may send their own cookies to you, collect data or solicit Personal Information. Although we strive to ensure the quality of the websites we link to, we cannot guarantee and are not responsible for the content of outside sites or their information collection practices.
e.NOTICE: Whenever you give out Personal Information on other websites (for example via message boards or chat), that information can be collected and used by people you don’t know. While we strive to protect our visitors’ Personal Information and privacy, we cannot guarantee the security and privacy of any information you disclose at other websites, and you do so at your own risk.
4. LEGAL REQUIREMENTS: Notwithstanding anything to the contrary, we may release your Personal Information to third parties: (1) to comply with legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a physical threat to you or others.
5. SECURITY: We take steps to secure the data you submit to us, including the number of people who have physical access to our user data. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit and you do so at your own risk.
6. SECURITY WHEN PLACING TRANSACTIONS ON-LINE: Security is our number one priority. All on-line transactions are sent through our secure and encrypted server. Your credit card or electronic check information will not be stored on our systems. All information that we collect is a necessary part of processing your transaction.
7. PHARMNEST.COM’S — USE AND DISCLOSURE OF COLLECTED INFORMATION TO THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF: We may employ other companies and individuals to perform functions on our behalf. Examples may include hosting the web site, sending communications on our behalf, analyzing data, providing marketing assistance, and providing customer service. These third parties may have access to our users’ Personal Information in order to provide these services to us or on our behalf, but they are not permitted to use it for other purposes.