ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
Except as expressly provided herein, PDA and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Site, Materials, or Services, any portions of the Site, Materials, or Services or the selection and arrangement of the Site, Materials, or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site, Services, or Materials.
The trademarks, logos, and service marks (“Marks”) displayed on the Site are the property of PDA or other third parties. You are not permitted to use the Marks without the prior written consent of PDA or such third party that may own the Marks. PDA and the PDA logo are trademarks of Parenteral Drug Association.
USE OF THE SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur to access or use the Site, Services, and Materials. You must adhere to all limitations on dissemination, usage, and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send, or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services, or Materials, you agree that you shall not:
- Collect, harvest, mine, or engage in any other activity to obtain e-mail addresses, phone numbers, personal information, or any other information about others.
- Use or attempt to gain access to or use another’s account, password, Service, Materials or computer systems or networks connected to any PDA server or to the Site without authorization from PDA, whether through hacking, password mining, or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark, or other legal or proprietary rights notices, author attributions, or other information, such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity, and all other rights in and to such Materials.
- Upload, post, email, transmit, or otherwise make available any content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any PDA account holder or to any pda.org or affiliated e-mail address.
- Post or otherwise submit any software, programs, or files that are harmful to or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan horses, viruses, and worms.
- Create a false identity for the purpose of misleading others, and forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed, or displayed in such manner.
- Disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials, or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden, or impair any PDA server/host or the network(s) connected to any PDA server/host.
- Post or otherwise submit any topic, name, material, or information that is child pornography, harmful to minors, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, anti-competitive, or otherwise objectionable.
- Prepare, compile, use, download, or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys, or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of PDA or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk, or threaten another.
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.
- Use any PDA domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PDA.
PERMITTED USE OF MATERIALS
- Anyone who is doing personal, noncommercial research may view, print, and temporarily store Materials from the Site, provided that PDA’s copyright notices are not removed and that the reuse of Materials does not conflict with any of the prohibited uses below.
- Others may view, print, and temporarily store Materials from the Site for internal use only provided: (i) that copying fees are paid to the Copyright Clearance Center for printing of files beyond that permitted by Section 107 or 108 of the U.S. Copyright Act, (ii) PDA’s copyright notices are not removed, and (iii) the reuse of Materials does not conflict with any of the prohibited uses below.
PROHIBITED USES OF MATERIALS
- Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the Materials contained in the Site without prior written permission from PDA.
- User agrees that Materials may not be sold to third parties without prior written authorization from PDA.
- User agrees that Materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the Materials.
RESTRICTION AND TERMINATION OF USE
You retain any copyright and any other rights you already hold in User Submissions which you create, submit, post, or display on or through, the Site, Services, or Materials. By creating, submitting, posting, or displaying such User Submissions, you give PDA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute such User Submissions on or through the Site, Services, or Materials. The foregoing license is for the sole purpose of enabling PDA to provide or improve the Site, Services, or Materials, such as by (without limitation): (a) creating backup copies of User Submissions; (b) enabling file sharing; (c) transmitting User Submissions over various public networks; and (d) making changes as necessary to conform and adapt User Submissions to the technical requirements of connecting networks, devices, or services. You confirm and warrant to PDA that you have all the rights, power, and authority necessary to grant the above license.
By submitting information to PDA, you represent and warrant that the submission is accurate to the best of your knowledge, not confidential, not in violation of any applicable law, and not in violation of any contractual restrictions or other third-party rights. PDA does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk. PDA is under no obligation to exercise control over any content you or others submit when using the Site.
You also agree not to post any copyrighted material without written permission of the copyright owner. You further agree not to post any information you do not have the right to disclose, such as confidential information subject to employment non-disclosure agreements. You also agree not to post any content that violates any intellectual property rights of a third-party, including copyright, trademark, trade secrets, and patents. You further agree that PDA may, at its sole discretion, remove any User Submissions for any reason whatsoever, including upon request by anyone claiming that such User Submission violates intellectual property rights.
You acknowledge and agree that the technical processing and transmission of the Service, including its Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
WAIVER OF LIABILITY
PDA does not screen or censor User Submissions content made available on the Site. PDA shall not be liable for any content posted on the Site. User assumes all risks associated with dealing with other users with whom User comes in contact through the Site. Should a dispute arise between User and another user, User hereby agrees to release PDA from all claims, demands, and damages associated with such a dispute.
IN NO EVENT SHALL PDA OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE CONTENT THAT IS POSTED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PDA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PDA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.
PDA DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PDA IS NOT RESPONSIBLE FOR THOSE COSTS.
LINKS TO THIRD PARTY SITES
LINKING ON THE SITE AND FRAMING
You agree not to establish a link to the Site on another website without the prior written authorization of PDA. If you establish a link from any other website to the Site, you agree to immediately deactivate the link upon receiving notice of objection to the link from PDA. You further agree not to “frame” or otherwise simulate the appearance of any of the pages of the Site.
SPAM E-MAIL AND POSTINGS
ADVERTISEMENTS AND PROMOTIONS
PDA may run advertisements and promotions from third parties via the Site, Services, or Materials in any manner or mode and to any extent. Your communications, activities, relationships, and business dealings with any third parties advertising or promoting via the Site, Services, or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that PDA is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-PDA advertisers on the Site or in connection with the Services or Materials.
If User accesses the Site from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.
PDA has contracted with Rasa, Inc., to act as a representative of PDA Connect with respect to the PDA Connect website.