1. ACCEPTANCE OF TERMS
2. MODIFICATIONS TO THIS AGREEMENT
We (PharmNest) reserve the right, at our discretion, to modify, alter or change these terms and conditions at any time. Such changes shall become effective immediately upon the posting. You must review this agreement on a regular basis to keep you informed of any modification or changes made. You can find the most recent version of the TOU at: https://pharmnest.com/recentTOU/////——-
3. MATERIAL CONTENT
You understand that all files, images, messages, photos, postings, text, sounds, videos, or other materials content posted on, transmitted via, or linked from the Service, are the sole responsibility of the individual or entity from whom such content originated. Wherefore, you are entirely responsible for each individual item of content that you email, post or make available through this Service. You understand that PharmNest does patent discoveries nor control content posted or email, and is not responsible for Content made available Via the Service, and that by using the Service, you may be exposed controversial and new scientific inventions, information and technology misleading which may be objectionable. In addition, the PharmNest site and contents available through the Service may contain links to other websites, which are completely independent of PharmNest we therefore (PharmNest)makes no representation or warranty of any sort as to the accuracy, completeness, credibility or authenticity of the information contained in any such site. Therefore your linking to any other websites is at your own risk. Thus, you agree to evaluate, verify and bear all risks associated with, the use of any content, that you may not rely on any of the said content, and that under no circumstances will PharmNest be liable in any way for any Content or for any loss or damage of any kind incurred resulting from the use of any Content emailed or posted or made available through the Service. You therefore acknowledge that PharmNest does not approve any offensive or sexually explicit content, but that PharmNest shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available through the Service, for violating the code of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
PharmNest website and Contents that are available via the Service may contain features and functionalities that may link you or give you access
to third party content which is totally separate and independent of PharmNest, of which may include applications, directories, databases servers, information, networks, programs systems, products, software, services and the Internet access. By using the services that we provide via PharmNest website you hereby agreeing to release PharmNest of any sort responsibility Hence any interactions with organizations, individuals found on via the Service and any sort of payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. It is therefore your responsibility to make investigation you feel fit and necessary before indulging with any online or offline transaction with any of these organizations or individuals or rather the third party. You hereby agree that PharmNest shall not be responsible or liable for any loss, damage or legal matter of any sort incurred as the result of any such dealings. Whereby there is
a dispute between participants on this site, or between users and any third party, you understand and agree that PharmNest reserve the right not to be involved and is under no obligation to become involved. In the event that you have a dispute with any user or users, you hereby release PharmNest, its agents, employees, officers, and successors in rights from actual or consequential claims, demands and damages of every kind, nature, visible or invisible, anticipated or not anticipated, suspected and unsuspected, disclosed and undisclosed, that is in any way, sort or form related to such disputes and/ or our service. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
By using the service you are agreeing that all the works, journal or article you wrote is not a copy right unless otherwise stated on the article and by so doing you are leasing PharmNest from any claims that might incurred due to copyright infringement. On the other hand if you think that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please notify PharmNest agent for notice of claims of copyright or other intellectual property infringement, at
In the event whereby you feel that your work is copyright and violated please do the following:
– Identify the material on the PharmNest site that you claim is copywright or infringing with detailed information so that we may locate it on the website;
– We need a statement by you that you believe that the disputed
Content in question is not authorized by the copyright owner, its agent, or the law and also we need a statement by you declaring under penalty of perjury that: the above information in your Notice is accurate, that you are the owner of the copyright interest in question and is legally authorized to act on behalf of the subject in question;
-include your address, telephone number, and email address and your physical or electronic signature.
PharmNest will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
By using this system, you are agreeing not to post, email:
i) Anything that is criminal in any form or sort, unlawful, harmful, threatening, libelous, invasive of another’s privacy, abusive, harassing or defamatory;
ii) Anything that will harass, degrades, intimidates or is hateful toward an individual, or group of individuals on the basis of religion, gender, disability sexual orientation, race, ethnicity or age,
iii)Anything that is pornographic or depicting a human being engaged in actual sexual conduct such as sexual intercourse, genital, oral-genital, anal-genital, or oral-anal, involving persons of the same or opposite sex, or including bestiality, masturbation, sadistic masochistic abuse, or lascivious exhibition of the genitals or pubic area of any person or animated persons.
iv)Anything that will violates federal, state, or local equal employment opportunity laws, including any advertisement for employment a preference or requirement based on race, sex, national origin, age, disability, Color or religion.
v) Anything that violates the Fair Housing Act, or a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap or anything a such.
vi) Anything that will violates the anti-discrimination provision of the Immigration and Nationality Act of the United states of country for which such application is needed, or requiring lawful permanent residency–green card status or proof of citizenship as a condition for employment, unless otherwise required in order to comply with law, executive order, local government regulation federal, or state contract.
vii) Anything that will impersonate any person or entity, including PharmNest employee, or falsely states, misrepresents your
affiliation with a person, group, entity; or by identifying information about another person without that person’s explicit consent, or involving in a false, misinformation, misleading, deceitful or deceptive information or act;
viii) Anything that infringes any patent, trade secret, trademark, copyright or proprietary rights of any party, or Content that you do not have a right to make available under any law of fiduciary or under contractual agreement;
ix) Anything that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement, links to commercial services or web sites, except as allowed in “services”, or anything that constitutes or contains any form of advertising or solicitation if; posted in area or location of PharmNest sites which are not designated for such purposes; or emailed to PharmNest users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
x)Anything that is illegal or provides illegal services, sale of any items the sale of which is prohibited or restricted by any applicable law, including and not limited to item sale of which is prohibited or regulated by California law or in any state or country whereby the sale is proposed, initiated or implemented, or that otherwise negatively affects other users’ ability to use the Service; or initiate and send misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service, or software viruses, computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or the normal flow of dialogue with an excessive amount of Content to the Service, in addition, you hereby agree not to;
contact anyone who has asked not to be contacted; harass anyone or “stack” anyone or collect personal data about other users for commercial or unlawful purposes or use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly stated and permitted by PharmNest, post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; posing the same service in more than one classified category or forum, or in more than one metropolitan area; or any attempt to gain unauthorized access to PharmNest’s computer systems, engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, form of automated device or computer program that enables the submission of postings on PharmNest without each posting being manually entered by the author thereof, including any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals or impairs the functionality of user’s, the Service or the PharmNest website
7. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on PharmNest’s resources, the users may not use a Posting agent to post Content to the Service without express permission or license from PharmNest. However, Posting Agents are not permitted to post Content on behalf of others, except with express permission or license from PharmNest.
8. PRIVACY AND INFORMATION DISCLOSURE
9. PAID POSTINGS
PharmNest may charge a donation fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. All donation fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
Individual, Entity, Agents or Party posting Content to the Service is responsible for the Content thereof and the Content must be in compliance with the TOU.
10. NO SPAM POLICY
By using the service you understand and agree that sending unsolicited email advertisements to PharmNest email addresses or through the PharmNest service, which is expressly prohibited by the TOU. Any unauthorized use of PharmNest Service is a violation of the TOU and certain federal and state laws relative to the users country and place of use, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
11. ACCESS TO THE SERVICE
PharmNest may not give any exclusive license, irrevocable or unlimited access to the Service that we provide directly or indirectly
12. LIMITATIONS ON SERVICE
PharmNest may establish limits concerning use of the Service, by indicating number of days that Content will be retained by the Service, maximum number of size/postings, email messages, and Content that may be transmitted and or stored by the Service, and the frequency with which you may access the Service. By using the service you are agreeing that PharmNest has no responsibility or liability for the deletion, maintaining, or failure to store any of your Content, or transmitted by the Service. PharmNest reserves the right at any time to change or discontinue the Service with or without notice or your consent, PharmNest is not liable to you or to any third party for any change we apply to the service or the system.
13. TERMINATION OF SERVICE
By using the system or the service that we provide, you are agreeing that PharmNest reserve the right at the its sole discretion to terminate, remove, discard, delete, block, deactivate your account, email, address, IP immediately and without your consent and that PharmNest is not liable to you or any third-party termination for the use of the system or service.
14. PROPRIETARY RIGHTS
PharmNest Service is protected to the extent permitted by the copyright laws and international treaties. Content displayed on the Service is protected by copyright. Any duplication, reproduction, modification, redistribution of the website, or duplication, copying the site or the services to any other server or location for redistribution, reproduction, is prohibited without the express written consent of PharmNest. By using the system, you hereby agree not to copy,
Duplicate or reproduce the Content from the Service without the express written consent of PharmNest, and is agreeing to abide by all copyright laws displayed on the Service. PharmNest is a registered mark or domain, by using the system, you are Agreeing Allow, grant, PharmNest a perpetual, irrevocable, non-exclusive, worldwide right to display your content.
15. DISCLAIMER OF WARRANTIES
YOU ARE AGREEING THAT BY USING THE PharmNest WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE PharmNest SITE AND THE SERVICE ARE PROVIDED ON AN AVAILABILITY BASIS, AND WITHOUT ANY WARRANTIES OR GAURANTY OF ANY SORT. ALL WARANTIES ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. PharmNest DISCLAIMS ANY WARRANTIES THROUGH THE SERVICE OR VIA A LINK FOR THE, RELIABILITY, TIMELY, SECURITY, ACCURACY, AND PERFORMANCE OF THE PharmNest SITE AND THE SERVICE TO THE FULLEST EXTENT PERMITTED BY LAW. If any jurisdiction does not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to the jurisdiction in question as they relate to the implied warranties.
By using the service, you are agreeing to indemnify and hold PharmNest, its employees, officers, subsidiaries, successors, directors, officers, agents, affiliates, attorney fees, court costs, service Providers or suppliers from claim or demand arising from the violation of the TOU,
17. LIMITATIONS OF LIABILITY
PharmNest IS NOT IN ANY WAY OR FORM LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, ACCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, FROM ANY ASPECT OF YOUR — USE OF THE PharmNest SITE OR THE SERVICE, WHETHER OR NOT THE
DAMAGES IS CA– USED FROM INTERRUPTION, CHANGE, TERMINATION, SUSPENSION, INABILITY, — USE, MIS– USE OF THE PharmNest SITE OR T, OR THE INTERRUPTION OR PROBLEMS ENCOUNTED VIA A LINK FROM THE SERVICE, APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
If any jurisdiction does not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to the jurisdiction in question as they relate to the implied warranties.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Report any violations of the TOU or code of conduct by emailing the specific abuse information to the abuse email listed below or by flagging the posting or postings for review:
If PharmNest is Unable to immediately act or act in regard to a violation of TOU, it does not in any way or form diminish or nullify PharmNest’s right to act with respect to similar or subsequent violations. Hence by using the service you understand and are agreeing for PharmNest to pursue legal action to enforce the TOU, you will be liable to pay PharmNest the following amounts as liquidated damages, which you accept as legitimate estimates of damages for the specified breaches of the TOU:
Any (users) and not limited to groups or entity posts that impersonates anyone person or group, or misrepresents by falsely pretence knowingly or unknowingly any individual or entity you agree to pay PharmNest Two thousand and five hundred dollars ($2,500) for each misconduct and/or posting. If for any reason PharmNest decides to introduce limits to which users will access the Service, terminates your access to the Service, you are agreeing to pay PharmNest fifty dollars ($50) for each posting. For any unsolicited email advertisements you or your agent post on PharmNest system or via PharmNest computer systems, you agree to pay PharmNest ten dollars ($10) for each posting or email. For any TOU violation you are agreeing to pay PharmNest one hundred and fifty dollars ($100) for each Item posted. For any exploitation of PharmNest through copying, reproducing redistribution or anything similar that violates TOU and violating any other Content without PharmNest’s express written permission, you agree to pay PharmNest five thousand dollars ($5,000) per day on which conduct or act lasts. You also agree to pay PharmNest actual damages, relative to the duration of the violation. In addition, for any provision of the TOU, PharmNest has the right to seek the solution to end the dispute. However, if you refuse to make the payment you agreed, you are responsible for any litigation fees and interest accumulated, and following the court order if implied you will pay the total sum to PharmNest.
19. GENERAL INFORMATION
The PharmNest TOU comprise the entire agreement between you and PharmNest, should there be any legal issues, You are agreeing that regardless of any statute or law to otherwise stated, any claim or cause of action presiding, related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action started or it’s automatically null and void or invalid.
PharmNest welcomes your questions, suggestions and comments on the