TERMS OF
SERVICE.
1.
Overview.
The Pharma Center, a web property of
The Enversa Companies, LLC.. (we or "TPC") operates an Internet-based health
information and communication service (the Service) including all text,
content, information, and data (collectively the "Content") available
on this web site and on any web site created through the Service (collectively,
the "Site") and provides users with access to the Site subject to the
terms and conditions of these Terms of Use (the Agreement).
By accessing the Site and/or
registering with us, you agree to be bound by the terms of this Agreement and
you consent to our Privacy Policy. We reserve the right to update or modify
this Agreement at any time, and without prior notice to you. We will post any
such updates or modifications to our website. Your use of the Site following such updates or modifications
constitutes your acceptance to be bound by the Agreement as changed or
modified. We encourage you to regularly read through and review the Agreement.
2. User License.
We hereby grant you, subject to the
terms and conditions of this Agreement, the right to view and use this Site.
You may download and/or print a copy of the Content for your personal and
non-commercial use only (the "Permitted Uses") provided the Content
is not modified in any way and all copyright and other proprietary notices are
kept intact. You agree to use the Content lawfully and only for the Permitted
Uses. No other use of the Content is permitted. Permission to reprint or
electronically reproduce any document or graphic in whole or in part for any
other purpose is expressly prohibited, unless prior written consent is obtained
from the respective copyright holder(s). Furthermore, you may not sell, resell,
modify, reverse engineer, decompile, disassemble, frame or create derivative
works of or otherwise exploit for any commercial purpose the Site or any
portion thereof, other than your Member Content (as defined below), without our
prior written consent in each instance. By completing the registration process
on the Site, you establish an account with us (an Account) and you represent
that the information you provide in the registration process is accurate and
current.
3. Privacy.
We respect your personal privacy. Our
Privacy Policy is available on this Site, and by accessing the Site, you are
agreeing to be bound by the Privacy Policy. The Privacy Policy is incorporated
by reference into this Agreement in its entirety.
4. Health Information Disclaimer.
The Content on this Site is presented
in a summary fashion, and is intended to be used for educational and
entertainment purposes only. The Content is not intended to be and should not
be interpreted as a recommendation for a specific treatment plan, product,
course of action or medical or healthcare provider. Your use of this Site does
not create a doctor / patient relationship. THE SITE DOES NOT OFFER MEDICAL
ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE
PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the
Site to diagnose a health or fitness problem or disease. Use of the Site does
not replace medical consultations with a qualified health or medical
professional to meet the health and medical needs of you or any other party. We
disclaim all responsibility for the professional qualifications and licensing
of, and services provided by, any physician or other health provider referred
to on this Site and/or any Third Party Site (as defined below). Never disregard
the medical advice of a physician or health professional, or delay in seeking
such advice, because of something you read on this Site. Although we strive to
ensure that the information we provide on this Site is correct, we cannot
guarantee that it is always accurate and up-to-date. We offer this Site AS IS
and without any warranties.
5. Ownership of Content.
a. TPC
Content.
You acknowledge that all the Content
provided on this Site, other than Content posted by you or other users, is
provided either by TPC or by its licensors, third party authors, developers,
vendors and members (collectively, Third Party Providers) and the underlying
intellectual property rights are owned by TPC and/or its Third Party Providers.
Elements of the Site are protected by copyright, trade dress and other laws and
may not be copied or imitated in whole or in part. All product names, company
names, marks, logos, and symbols may be the trademarks of their respective
owners.
b. User-Generated
Content (“Member Content”)and License.
We do not claim a copyright in the text,
files, images, photos, works of authorship or other materials that you post on
the Site, either as the host or a visitor (collectively, “Member
Content”).
After posting Member Content to the Site, you shall continue to retain
ownership of such Member Content. You are responsible for all Member Content
that is posted through your Account to the Site, and you represent that:
i. you own any
Member Content posted through your Account on the Site or otherwise have the
right to post such Member Content and grant the license set forth in this
section,
ii. you have
obtained the consent of any individual or such individual’s legal guardian
before posting any information about such individual, and (iii) the posting of
such Member Content by you on the Site does not violate the privacy rights,
publicity rights, copyrights, contract rights or other rights of any person.
iii. You agree to
pay for all royalties, fees, and any other amounts due to any person by reason
of any Member Content posted through your Account to the Site. By posting
Member Content to the Site, you thereby grant us a perpetual, royalty-free,
worldwide, fully paid up and irrevocable right and license to use, reproduce,
modify, publicly display, transmit, and sublicense, such Member Content. Without
this limited license, we would not be able to include Member Content in the
Site. This license is non-exclusive.
6. Usage Rules.
As a condition of your use of the
Site, you agree that you will not use the Content for any purpose that is
unlawful or prohibited by this Agreement. We reserve the right to deny you
access to any and all parts of this Site for any reason, and at our sole
discretion. CHILDREN UNDER THE AGE OF THIRTEEN ARE NOT PERMITTED TO SUBMIT ANY
MEMBER CONTENT. We do not assume any responsibility to monitor the Member
Content on this Site for accuracy or unacceptable use, nor will any Member
Content be authenticated or endorsed by us. We encourage you to report
offensive or illegal content by using the Report Abuse link on the Site and we reserve
the right to block transmission of, and or remove any Member Content that you
post to the Site, at any time, for any reason, and without prior notice to you.
Without limiting the generality of the foregoing, you expressly acknowledge and
agree that the following rules shall apply to your use of the Site:
a. You are
responsible for any Content posted to the Site through your Account. The Member
Content that you post to the Site is not confidential.
b. You may not
impersonate another person. You may not post or transmit any Member Content
which is illegal, libelous or defamatory. You may not post or transmit any
Member Content which discloses private or personal matters concerning any
person other than yourself without the consent of such person or his or her
legal guardian. You may not post or transmit any Member Content which is
indecent, obscene or pornographic.
c. You may not
post or transmit any message, data, image or program that would violate the
property rights of others, including unauthorized copyrighted text, images or
programs, trade secrets or other confidential proprietary information, and
trademarks or service marks used in an infringing fashion.
d. You may not
post or transmit any file which contains viruses, worms, Trojan horses or any
other contaminating or destructive features.
e. You may not
post or transmit any Member Content which is harmful, threatening, abusive or
hateful. It is not our intent to discourage users from taking controversial
positions or expressing vigorously what may be unpopular views; however, we
reserve the right to take such action as we deem appropriate in cases where the
Member Content is being used to disseminate statements which are deeply and
widely offensive and/or harmful. However, we are not obligated to take any
action.
f. You may not
post or transmit spam, petitions for signatures, chain letters or letters
relating to pyramid schemes. You may not post or transmit any advertising,
promotional materials or any other solicitation of other users to use goods or
services.
g. You may not
use any robot, spider or other automated means to access this Site or the
Services for any reason without our prior written consent, except that you may
use Standard for Robot Exclusion-compliant robots, provided that, prior to
indexing or downloading any pages, such robots immediately visit
http://www.healthcentral.com/robots.txt when connecting to the Site. You
acknowledge that http://www.healthcentral.com/robots.txt is the only method
that robots are authorized to access the Site or the Services. If you violate
this provision, we may, among other things, terminate your access to the Site,
delete your Account, remove your Member Content from the Site and prevent any
further access by you to the Site, your Account or your Member Content.
7. Review of Postings &
Uploads.
We assume no responsibility for
monitoring Member Content. We do not and cannot review all Member Content
posted or uploaded to the Site and are not responsible for such Member Content,
regardless of whether at any time we choose in our sole discretion, to monitor
or remove Member Content on the Site.
8. Trademarks.
All of the trademarks, service marks,
and logos displayed on this Site (the "Trademarks") are registered
and unregistered trademarks of TPC, its affiliates, or third parties. Nothing
in this Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right in and to the Trademarks without our express
written permission or the express written permission of the applicable third
party. Except as expressly provided in this Agreement, any use of the
Trademarks is expressly prohibited.
9. Procedures for Claimed Copyright
Infringement.
We respect the intellectual property
rights of others, and ask that you do the same. If you believe that your work
has been copied in a way that constitutes copyright infringement, in accordance
with the Digital Millennium Copyright Act, please provide the following
information to our agent:
a. an electronic
or physical signature of the person authorized to act on behalf of the
copyright owner;
b. a description
of the copyrighted work that you claim has been infringed;
c. a description
of where the material you claim is infringing is located on the Site;
d. your address,
telephone number, and email address; (e) a statement that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law; and(f) a statement made by you, under the penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or duly authorized to act on the copyright owners behalf.
Our agent may be contacted as follows:
The Pharma Center
c/o The Enversa Companies, LLC.
12404 Park Central Drive
Suite 400
Dallas, TX 75251
Phone: 214-580-4537
10. Linking and Framing.
a. No
endorsement of Third Party Sites. The Site may contain links to or
advertisements for web sites operated by other parties (the "Third Party
Sites"). The links to and advertisements concerning Third Party Sites are
provided for your convenience only. We do not control such Third Party Sites
and we are not responsible for the content and performance of these Third Party
Sites or for your transactions with them. Our inclusion of links to or
advertisements for such Third Party Sites does not imply any endorsement of the
material, products or services on such Third Party Sites or any association
with their operators.
b. Linking
Rules You Must Follow. Without a written agreement with us to the
contrary, you must obey the following rules for linking to the Site or any
pages within the Site:
i.
All links must be text-only links.
ii.
The links appearance, position or other characteristics must not
damage or dilute the goodwill associated with our reputation or trademarks.
iii.
The links appearance, position or other characteristics must not
create the false impression that we sponsor, endorse or are associated with any
other entity, product or service.
iv.
The link must display the Site on the full-screen and not within a
frame.
v.
We reserve the right to revoke our consent to any link at any
time; in which case, you agree to remove your links to the Site.
11. Disclaimers.
a.
Geographic Disclaimer. The Site is administered by TPC from Dallas,
Texas and is intended for users who are U.S. residents. Access to the Site and
the Content may not be legal for some persons or in some countries outside the
United States. If you elect to access and use the Site and Content from outside
of the United States, you do so at your own risk and are solely responsible for
complying with all applicable laws and regulations.
b. DISCLAIMER
OF WARRANTIES. THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS." WE
MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY FOR ANY PURPOSE OF
PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SERVICE. WE DO NOT GUARANTEE THE
TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT. WE DISCLAIM ALL
WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, PRODUCTS,
SERVICES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH
THIS SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SITE. ALTHOUGH
WE MAY UPDATE THE CONTENT ON THIS SITE FROM TIME TO TIME, PLEASE NOTE THAT
MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE
OUT OF DATE AND/OR MAY CONTAIN ERRORS. BECAUSE SOME JURISDICTIONS DO NOT PERMIT
THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
c. Disclaimer
of Responsibility for User-Generated Content. We take no responsibility for
Member Content or third party advertisements that are posted on the Site, nor
do we take any responsibility for the goods or services provided by our
advertisers.
12. Indemnification.
You agree to indemnify, defend and
hold harmless TPC, its officers, directors, employees, agents, information
providers, partners, advertisers and suppliers (the "TPC Parties")
from and against all losses, expenses, damages and costs, including reasonable
attorney's fees, resulting from (a) provision of Member Content by you, or (b)
your use of the Content or Site; and/or (c) your breach of the terms of this
Agreement, (including infringement of third parties' worldwide intellectual
property rights or negligent or wrongful conduct) by you or any other person
accessing the Site using your Account.
13. Waiver, Release and Limitation
of Liability.
YOU AGREE THAT NONE OF THE TPC PARTIES
SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN
CONNECTION WITH YOUR USE OF THE SITE. YOU HEREBY RELEASE AND FOREVER WAIVE ANY
AND ALL CLAIMS YOU MAY HAVE AGAINST THE TPC PARTIES (INCLUDING BUT NOT LIMITED
TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE TPC PARTIES) FOR LOSSES OR
DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
NOTWITHSTANDING THE FOREGOING
PARAGRAPH, THE TOTAL LIABILITY OF THE TPC PARTIES, IF ANY, FOR LOSSES OR
DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER TO TPC FOR THE PARTICULAR
INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL ANY OF THE TPC PARTIES BE
LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO
ABOVE.
NONE OF THE TPC PARTIES WILL BE LIABLE
OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN
THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS SITE, OR RESULTING FROM THE
ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS SITE OR THE DATA
CONTAINED THEREIN AVAILABLE TO YOU.
IF ANY PART OF THIS LIMITATION DOES
NOT APPLY TO YOU, FOR ANY REASON, THAN UNDER THOSE CIRCUMSTANCES, THE AGGREGATE
LIABILITY OF THE TPC PARTIES SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS IN THE
AGGREGATE.
14. Third Party Rights.
The provisions of paragraphs 11
(Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for
the benefit of the TPC Parties. Each of the TPC Parties shall have the right to
assert and enforce those provisions directly against you on its own behalf.
15. User Representations.
You represent and warrant that you are
at least 13 years of age and that you possess the legal right and ability to
enter into this Agreement and to use the Site in accordance with this
Agreement. You agree to be financially responsible for your use of the Site (as
well as for use of your Account by others (whether authorized or unauthorized),
including use by any minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
16. Miscellaneous.
This Agreement shall be governed by
and construed in accordance with the laws of the Commonwealth of Virginia,
without regarding provisions relating to conflicts of law. You agree that any
legal action or proceeding between TPC and you for any purpose concerning this
Agreement or the parties' obligations under this Agreement shall be brought
exclusively in a court of competent jurisdiction sitting in Arlington County,
Virginia, United States, and by accessing the Site you consent to the personal
jurisdiction of any state or federal court located in the state of Texas. Any
cause of action or claim you may have with respect to the Site and/or this
Agreement must be commenced within one (1) year after the claim or cause of
action arises. This Agreement constitutes the entire Agreement between TPC and
you with respect to your access and use of the Site. Any failure by us to
insist upon or enforce strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to modify
any provision of this Agreement.
17. Termination, Assignment.
We may terminate your Account at any
time without notice to you. We may assign our rights and duties under this
Agreement to any party at any time without notice to you. You may not assign
this Agreement to anyone else.
18. Notice.
We may deliver notice to you under
this Agreement by means of electronic mail, a general notice on the Site, or by
written communication delivered by first class U.S. mail to your address on
record in your Account information, if any. You may give notice to us at any
time by letter delivered by first class postage prepaid U.S. mail or overnight
courier to the following address:
The Pharma Center c/o
The Leadstream, LLC
12404 Park Central Drive
Suite 400
Dallas, TX 75251
Phone: 214-580-4537
19. Severability.
The provisions of this Agreement are
severable, and in the event any provision hereof is determined to be invalid or
unenforceable, such invalidity or unenforceability shall not in any way affect
the validity or enforceability of the remaining provisions.
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