Welcome to www.phesi.com ("phesi.com"), which is owned and operated by Pharmaceutical Pipeline Enhancement Strategies, LLC ("PhESi"). This Agreement contains the Terms of Service upon which you and any organization(s) (collectively referred to herein as "User") on whose behalf you use phesi.com may access the products, services, information, and other materials available through phesi.com.
Before accessing phesi.com, please read the following terms and conditions carefully, as they govern the use of phesi.com and all products, services, information, and other materials available through it.
By accessing and using phesi.com, you agree to abide by the Terms of Service below. We have created these rules and guidelines to protect you and our other users. If you encounter another user who is not abiding by these Terms of Service, please contact us so that we may take appropriate actions.
1. Acceptance of Terms of Service
By accessing, viewing, or using the products, services, information, or other materials available on or through phesi.com, you, the User, indicate that you understand these Terms of Service and that you accept such Terms of Service and agree to comply with them. PhESi reserves the right to change these Terms of Service from time to time. PhESi will post the most recent date of review on this page. Your continued use of phesi.com following any such change(s) to these Terms of Service will be conclusively deemed acceptance of such change(s).
The use, storage, and disclosure of confidential information contained in phesi.com may be subject to various federal and state laws, including, but not limited to, laws addressing privacy rights and confidentiality of medical records. In addition, state laws dealing with HIV status, mental health, genetic testing information and substance abuse may also govern the use, storage and disclosure of confidential information contained in phesi.com. PhESi will follow all applicable federal and state laws, rules, and regulations.
PhESi reserves the right, in its sole discretion, to immediately suspend or terminate these Terms of Service and/or your ability to use phesi.com and/or any other service provided to you by PhESi, without cause and without notice to you.
In the event that PhESi determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for phesi.com, PhESi reserves the right to (a) warn you via email that you have violated these Terms of Service; (b) delete any content provided to PhESi; (c) discontinue your ability to use phesi.com and/or any other service provided to you by PhESi; (d) notify, send content to, and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which PhESi deems to be appropriate.
4. Modifications to phesi.com
PhESi may modify or discontinue phesi.com without notice or liability to you or any user.
5. Content of Messages
You understand and agree that you are responsible for the content of any messages posted or sent by you or any user of your account (whether authorized or unauthorized), and the consequences of any such messages. PhESi reserves the right to immediately terminate your registration without notice if it determines, in its sole discretion, that you are violating any of the following guidelines.
You further agree not to use phesi.com to distribute or send or post on or any place on phesi.com or any other site maintained by PhESi, any message or material that is illegal, unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances, including, but not limited to, illegal material in the form of text, graphics, video, programs, or audio. PhESi reserves the right to delete any material from phesi.com without notice to you or any other user of phesi.com. You agree not to impersonate any other person or entity, whether actual or fictitious, including, but not limited to, an employee or a consultant of PhESi. You agree not to post content or participate in any form of discussion on or through phesi.com with the intent to commit any illegal activity.
You understand and acknowledge that: (a) PhESi permits you access to content that is protected by copyrights, trademarks and/or other intellectual property and proprietary rights ("Rights"); (b) the Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as otherwise set forth, these Terms of Service and the applicable copyright, trademark, and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any material on phesi.com subject to any Rights. You shall have the burden of proving that any information, software, image, or any other content on phesi.com is not protected by Rights. You acknowledge that PhESi has acquired Rights to use any materials posted to phesi.com (as described below), and that you will not acquire any Rights by downloading such materials.
You grant PhESi and its affiliates a royalty-free, perpetual, worldwide, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display content submitted to any "public area" of phesi.com (excluding other private user-only areas), in whole or in part, and/or permit PhESi to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any Rights that may exist in such content. By submitting content to PhESi, you represent and warrant that the holder of any Rights, including, but not limited to, moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You understand and agree that Users may access, display, view, store, and reproduce such content for personal use.
6. PhESi Intellectual Property Rights
Except as expressly provided herein, PhESi does not grant you any express or implied right under any patent, copyright, trademark, or trade secret information. Unauthorized use of any material contained on phesi.com may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other regulations or statutes. Please be aware that PhESi actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
The contents of phesi.com are Copyright © 2007-2014 Pharmaceutical Pipeline Enhancement Strategies, LLC. All Rights Reserved. PhESi also owns a copyright in phesi.com as a collective work and/or compilation and database rights arising from the selection, coordination, arrangement, and enhancement of phesi.com's content.
7. Third-Party Content and Products
Some or all of the information and other materials or products available on phesi.com have been prepared or are being offered by third parties not affiliated with PhESi. PhESi makes no warranties with regard to such information or other materials or products, nor does PhESi assume any responsibility or liability for any decisions based upon such information or other materials or for any use of such products. Content provided by PhESi should not be a substitute for discussions with and/or evaluations from qualified health care professionals. User's correspondence or any other dealings with such third parties are solely between User and such third parties and may be subject to any terms and conditions as such third parties may prescribe. User agrees that PhESi shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on phesi.com.
8. Links to Other Sites
PhESi may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its users. While we make every effort to ensure a high level of quality in our content, these sites are maintained by third parties over which PhESi exercises no control. Accordingly, PhESi expressly disclaims any responsibility for the content, the accuracy of the information or other materials, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement by PhESi with respect to any third-party, any web site, or any products or services provided by any third-party, through its Web site or otherwise.
9. Your Password
Use of certain portions of phesi.com requires a password. You will be asked to choose a unique login username ("User Name") and a password ("Password"). Each User Name and corresponding Password can only be used by one User. Anyone with knowledge of both a User Name and Password can gain access to the subscription-based portions of phesi.com and the information available to each User.
Accordingly, all Passwords must be kept secret. By agreeing to the Terms of Service, you agree to be solely responsible for the confidentiality and use of your respective Password(s), as well as for any communications entered through phesi.com using such Passwords. If you become aware of any loss, theft, or unauthorized use of your Password, you should immediately notify PhESi of such loss, theft, or unauthorized use. PhESi reserves the right to delete or change a Password or to withdraw user privileges or deny services at any time and for any reason.
10. Recovering A Lost or Forgotten Password
If you are trying to sign on to our site and you have forgotten your password, PhESi will send you an email with a special link back to the site where you can reset your password. For security and privacy reasons, if you forget both your original password and the answer to your reminder question, your account will be permanently locked until you recall one or the other. Or, you may write us at email@example.com, explain your situation and we'll re-enter you in our system.
11. Confidentiality on the Internet
Use of the Internet, including, without limitation, phesi.com, is solely at your own risk and is subject to all applicable local, national, and international laws and regulations. While PhESi uses reasonable efforts to create a safe, secure, and reliable web site with phesi.com, please be advised that the confidentiality of any communication or material transmitted to or from phesi.com or PhESi over the Internet cannot be guaranteed. Accordingly, PhESi and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on phesi.com, or for the consequences of any reliance on such information. You assume all risks involved in using the Internet, including, without limitation, phesi.com and must make your own determination as to these matters.
12. Security of phesi.com
Any actual or attempted unauthorized use of phesi.com including, without limitation, "hacking," may result in criminal and/or civil prosecution. For your protection, PhESi reserves the right to view, monitor, and record activity on phesi.com without notice or your permission. Any information obtained by monitoring, reviewing, or recording activity on phesi.com is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on phesi.com. PhESi will also comply with all court orders involving requests for such information.
13. Events Beyond PhESi's Control
You expressly absolve and release PhESi from any claim of harm resulting from a cause beyond PhESi's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.
14. Disclaimer of Warranties; Indemnification of PhESi
YOU UNDERSTAND AND EXPRESSLY AGREE THAT:
YOUR USE OF phesi.com IS AT YOUR OWN RISK. phesi.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PhESi DISCLAIMS ALL WARRANTIES REPRESENTATIONS AND CONDITIONS OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS OF SERVICE AND WITHOUT LIMITATION DISCLAIMS ANY AND ALL WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED BY LAW, CONVENTION, COURSE OF DEALING OR OTHERWISE TO THE FULLEST EXTENT PERMITTED BY LAW. PhESi MAKES NO WARRANTY THAT phesi.com WILL MEET YOUR REQUIREMENTS, OR THAT phesi.com WILL OPERATE UNINTERRUPTED OR IN A TIMELY, SECURE, OR ERROR-FREE MANNER.
YOU MAY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL AND/OR DATA THROUGH THE USE OF phesi.com AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH MATERIAL AND/OR DATA. PhESi DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ACCESSIBLE FROM OR PROVIDED IN CONNECTION WITH phesi.com. PhESi IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. PhESi IS NOT ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PhESi ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
15. Limitation of Liability
PhESi SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, RESULTING FROM (A) THE USE OR THE INABILITY TO USE phesi.com; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (C) ANY BREACH OF THESE TERMS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PhESi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold each of PhESi, its subsidiaries, affiliates, officers, directors and employees, and any third parties providing content on phesi.com, including but not limited to Gold Standard Multimedia, harmless from any claim or demand (including, but not limited to, reasonable legal fees) made by any third party due to or arising out of your use of phesi.com.
PhESi may assign its rights and obligations under these Terms of Service at any time without notice to you.
18. Contact Information
Any questions regarding phesi.com and any requests for additional information concerning PhESi and its products and services may be directed to PhESi at firstname.lastname@example.org.