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Haymarket Media Inc-US Terms & Conditions
Haymarket Media Inc-US Terms & Conditions
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HAYMARKET reserves the right to delete, move or edit any Content (including
Material posted in any interactive area of the Service) that it may determine,
in its sole discretion, violates this Agreement or is otherwise unacceptable.
However, HAYMARKET does not and cannot review all of the Content posted by users
on the Service and is not responsible for such Content. You shall remain solely
responsible for all Material. Although HAYMARKET reserves the right to remove
any offending Content on the Service, you understand and agree that you
nonetheless may be exposed to such Material and that you further waive your
right to any damages (from any party) related to such exposure.
Additionally, HAYMARKET shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine in its sole
discretion.
5. No Endorsement
5.1 HAYMARKET does not represent or endorse the accuracy or reliability of any
Content posted on any interactive area and you acknowledge that any reliance
upon such Content shall be at your sole risk. Any Content placed on any
interactive area by users represents the views of the user posting the
statement, and does not represent the views of HAYMARKET.
5.2 The Service may contain links to Site or mobile applications on the Internet
which are owned and operated by third parties (the “External Site or mobile
applications”). You acknowledge that HAYMARKET is not responsible for the
availability of, or the content located on or through, any External Site or
mobile application. You should contact the Site or mobile application
administrator or webmaster for those External Site or mobile applications if you
have any concerns regarding such links or the content located on such External
Site or mobile applications.
6. Indemnity
You agree to indemnify, defend and hold HAYMARKET and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the “HAYMARKET Parties”) harmless from and against any
and all claims, liability, losses, damages, costs and expenses (including
attorneys’ fees) incurred by any HAYMARKET Party in connection with any Material
or with use or alleged use of any Content or the Service, including any use
under your password by any person, whether or not authorized by you. HAYMARKET
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with HAYMARKET’s defense of such claim.
7. Termination of Service
For Pharmaceutical Marketers Directory subscribers, upon commencement of a
Subscription, no refund of Subscription Fees or any portion thereof will be
given under any circumstances.
HAYMARKET reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Service, including the
discussion areas, at any time for any reason without prior notice or liability.
Conversely, you may terminate your membership of the Service at any time, for
any reason, by emailing HAYMARKET at custserv@haymarketmedia.com. Once your
membership terminates, you will have no right to use the Service. The terms of
this Agreement shall survive any termination of your membership. HAYMARKET may
change, suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content (including the
discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright or trademark
infringement, please contact the editor of the product located in the “About Us”
or “Contact Us” sections of the website or mobile application with the following
information: (a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or trademark interest; (b) a
description of the copyrighted work(s) or trademark(s) that you claim has been
infringed; (c) a description of where the material that you claim is infringing
is located on the website or mobile application; (d) your address, telephone
number, and email address; (e) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright or
trademark owner, its agent, or the law; and (f) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright or trademark owner or authorized to act on the
copyright or trademark owner’s behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 NEITHER HAYMARKET NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF
THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
“AS IS, AS AVAILABLE” BASIS. NONE OF HAYMARKET, THIRD PARTY CONTENT PROVIDERS OR
THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER HAYMARKET NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT
ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly agree that the entire risk as to the quality and performance of
the Service and the accuracy or completeness of the Content is assumed solely by
you. You specifically acknowledge that HAYMARKET is not responsible or liable
for any unauthorized access to or alteration of your Materials, data or other
transmissions entered into through the Service or for any threatening,
defamatory, obscene, offensive or illegal Content or for conduct of any other
party or for any infringement of another’s rights.
Please note that a small number of people may experience epileptic seizures when
exposed to certain light patterns on a computer screen like those displayed when
using the Service. Consult your physician prior to using the Service if you have
had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered
vision, disorientation, loss of awareness, involuntary movements or convulsions)
and discontinue use of the Service immediately if you experience any such
symptoms.
9.2 NEITHER HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE Site or mobile application, Site or
mobile application-RELATED SERVICES, AND/OR HYPERLINKED WEB Site or mobile
applications IS TO STOP USING THE Site or mobile application AND/OR THOSE
SERVICES.
9.3 Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, the liability of HAYMARKET,
third party content providers and their respective agents shall be limited to
the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your interactions with other Members of the
Service. HAYMARKET reserves the right, but has no obligation, to monitor
disputes between you and other Members.
11. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with
all local rules regarding user conduct on the Internet and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
12. Links
Some of the pages on the Site or mobile application include links to external
website or mobile applications. These links are included to give users the
opportunity to access other pages that it is felt may be of assistance to them.
Except for HAYMARKET owned links, HAYMARKET is not responsible for the content
of these internet Site or mobile applications.
13. Disclaimer
The information presented on this site may include images and settings involving
patients. Unless otherwise stated, the individuals depicted in these scenarios
are fictitious, and no association with any real person is intended or should be
inferred.
The information provided on this site is intended for an audience of healthcare
professionals. For questions about medical conditions and treatments, c
onsumers should always consult a physician or seek emergency medical care, if
necessary.
14. Viruses
While efforts have been taken to ensure that the pages on the Site or mobile
application are free from viruses, HAYMARKET gives no warranties that they are
indeed free from viruses and users are responsible for ensuring that they have
installed adequate virus checking software.
HAYMARKET excludes, in so far as it is legally responsible, all liability and
responsibility (other than liability for death or physical injury arising out of
the negligence of HAYMARKET or its officers) for any viruses or any other
computer code, files or programs designed to interrupt, restrict, destroy, limit
the functionality of or compromise the integrity of any computer software or
hardware or telecommunications equipment or other material transmitted with or
as part of:
The pages on the Site or mobile application or any other Internet Site or mobile
applications;
Any material downloaded from the Site or mobile application or any other
Internet Site or mobile applications;
Any publication, product or service.
15. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be construed in accordance with the laws of the State of
New York, without reference to principles of choice of law. You and HAYMARKET
each irrevocably consent to the personal jurisdiction of the federal or state
courts located in New York, New York, the Borough of Manhattan (the “Courts”)
with respect to any action, suit or proceeding arising out of or related to this
Agreement or to the Service (including without limitation any Content) and waive
any objection to venue in any of the Courts for such an action, suit or
proceeding (whether based on forum non conveniens or otherwise); additionally,
you agree that you will not bring any such action, suit or proceeding in any
court other than the Courts. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of this Agreement
and any additional terms and conditions posted on the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. If any provision of this
Agreement is held invalid, illegal or unenforceable in any respect, (i) such
provision shall be interpreted in such a manner as to preserve, to the maximum
extent possible, the intent of the parties, (ii) the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby, and (iii) such decision shall not affect the validity,
legality or enforceability of such provision under other circumstances.
Haymarket Media Inc-US Terms & Conditions
Haymarket Media Inc-US Terms & Conditions
1. General
1.1 This agreement (“Agreement”) governs your use of the website and mobile
applications operated by Haymarket Media Inc, is part of the Haymarket Media
Group Ltd and its global network (“Haymarket”), and the related services
(collectively, the “Service”). Haymarket’s Privacy Policy, and additional terms
and conditions of use applicable to specific areas of the Service may also be
posted in such areas and, together with this agreement, govern your use of those
areas. This agreement, together with any such additional terms and conditions,
are referred to as this “Agreement.” Your registration, subscription or use of
this Site or mobile application or mobile application indicates your acceptance
of these terms.
1.2 HAYMARKET reserves the right, in its discretion, to change or modify all or
any part of this Agreement at any time, effective immediately. Your continued
use of the Service constitutes your binding acceptance of these terms and
conditions, including any changes or modifications made by HAYMARKET as
permitted above. Please be sure to review this Agreement periodically to ensure
familiarity with the most current version. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you should
immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children under the
age of 13. You must be 13 years of age or older to use the Service. Haymarket
Media complies with the Children’s Online Privacy Protection Act and does not
permit registration by and will not knowingly collect personally identifiable
information from anyone under 13. By registering for the Service, you represent
and warrant that you are 13 years of age or older. Additionally, you must
provide true, accurate and complete registration information to become a member
of the Service (“Member”). Creating a Member account under automated means or
under false or fraudulent pretenses constitutes unauthorized use of the Service
and such accounts will be terminated by HAYMARKET.
By using the Service, you represent and warrant that all registration
information you submit is truthful and accurate and you agree to the accuracy of
such information. The profile that you compose upon registering for the Service
(the “Member Profile”) must describe you, an individual person. Examples of
inappropriate profiles include, but are not limited to, profiles that purport to
represent an animal, place, inanimate object, fictional character, or real
individual who is not you. If you wish to view or change your profile, you can
do so via the “my account” option on the site.
You agree to pay the Subscription Fees and any other charges incurred in
connection with your username and password at the rates in effect when the
charges were incurred. If you’ve elected to pay by credit card, we will bill all
charges to your credit card upon receipt of subscription form.
If you believe someone has accessed the Site or mobile application using your
user name and password without your authorization, you must contact Direct
Marketing News using the information located under “Contact Us”.
If you are authorized to access Direct Marketing News through arrangements
between your employer and us, some or all of these “Fees and Payments” terms may
not apply to you. Please contact your employer for details.
We will make reasonable attempts to contact you when your subscription is due to
expire, and offer a simple process for renewing your subscription. If your
subscription expires before you accept our renewal offer, your access to the
Service and all of its services will terminate without additional notice. Any
special offers or discounts obtained upon your initial subscription or any
subsequent renewals may not necessarily be offered on renewal, and we reserve
the right to change our subscription fees at any time without notice.
2. Use of Content
The Service provides general information only and does not constitute legal
advice.
2.1 You acknowledge that the Service contains information, software,
photographs, audio and video clips, graphics, links and other material of
Haymarket (collectively, the “Content”) that are protected by copyright,
trademark or other proprietary rights of HAYMARKET or third parties. All Content
on the Service is copyrighted as a collective work of HAYMARKET pursuant to
applicable copyright law. You agree to comply with any copyright notices,
information, or restrictions contained in any Content available on or accessed
through the Service. Users of the Service may use the Content only for their
personal, noncommercial use.
2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not
modify, publish, transmit, reproduce, create derivative works from, distribute,
perform, display, sell, transfer or in any way exploit any of the Content or
Material, in whole or in part. Content consisting of downloadable software may
not be reverse engineered unless specifically authorized by the owner of the
software’s patent and/or copyright. You also agree not to circumvent, disable or
otherwise interfere with any security related features of the Service or the
Content, including features that prevent or restrict use or copying or that
enforce limitations on use.
You may post on the Service only content owned by you (such as your original
statements or video clips), content for which you have received express
permission from the owner and content in the public domain (collectively, the
“Material”). You assume all risk and responsibility for determining whether any
Material is in the public domain. You hereby grant, transfer and assign to
HAYMARKET and its successors, assigns and licensees (collectively, “Licensee”) a
fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to
publish, distribute, reproduce, transmit, use, translate, display, perform,
modify, revise, create derivative works of and archive the Material, in any form
or media now known or hereafter developed (including without limitation in
print, magnetic or electronic form), on any number of occasions in any form, and
to sublicense third parties (including other users of the Service) to do any of
the foregoing with further right of sublicense (the “License”), without
compensation to you. You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence and that the exercise by Licensee
of Licensee’s rights under the License shall not violate any laws, defame or
libel any person, invade any person’s right of privacy or publicity or otherwise
violate, misappropriate or infringe the rights of any person (including without
limit any copyright or moral right).
2.3 You may download, copy and make any personal, non-commercial use of the
Content and use that is permitted by Sections 107 through 122 of the United
States Copyright Act of 1976, as amended (“Copyright Act”) and not prohibited by
any section of the Copyright Act or by any other applicable law, rule or
regulation; provided, however, that you maintain all copyright and other notices
contained in such Content; and provided further that you shall not store
electronically any significant portion of any Content.
It is your responsibility to check the accuracy or relevant facts and opinions
given on the Site or mobile application before entering into any commitment
based upon them.
3. Rules of Conduct
If you have purchased a subscription, the log in credentials are personal to the
individual named on the account and cannot be shared with or used by any other
individual, or entity. Subscribers can change the authorized person on the
subscription account during the valid subscription period. The sharing of
passwords, login information, or user identification is forbidden unless a
multiple user agreement has been executed with HAYMARKET. We reserve the right
to monitor Customer’s use of the Service to ensure compliance with this
Agreement and prevent fraudulent use. Such monitoring of use may include but
will not be limited to determining whether or not the Service is accessed under
the account from multiple source or IP Addresses.
The following is an incomplete list of illegal and prohibited uses of the
Service. HAYMARKET may investigate any illegal and/or unauthorized use of the
Service and appropriate legal action may be taken, including without limitation,
termination of your right to access the Service, and civil, criminal, and
injunctive redress. While utilizing the Service, you may not:
* use the Service for any commercial purpose, to distribute any advertising or
solicitation of funds or goods and services, or to solicit users to join
competitive online services;
* post on the Service any links to any external Internet Site or mobile
applications that are obscene or pornographic, or display pornographic or
sexually explicit material of any kind;
* use any robot, spider, Site or mobile application search and/or retrieval
application, or other device to retrieve or index any portion of the Service;
* reformat or frame any portion of any web page that is part of the Service;
* post Material containing restricted or password only access pages, or hidden
pages or images (those not linked to or from another accessible page);
* submit any Material that falsely implies sponsorship of that Material by the
Service and/or HAYMARKET, falsify or delete any author attributions in any
Materials, or promote any information that you know is false or misleading;
* transmit any viruses, worms, defects, Trojan horses or other items of a
contaminating or destructive nature through the Service;
* submit Material that violates the rights of others, such as Material that
infringes any copyright, trademark, patent, trade secret or violates any
right of privacy or publicity, or that is libelous or defamatory, or that
directs any user, by linking or any other method, to the content of a third
party without the third party’s written consent;
* promote an illegal or unauthorized copy of another person’s copyrighted work,
such as providing pirated computer programs or videos or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files; or
* submit material that is libelous, defamatory, obscene, pornographic, abusive,
harassing, threatening, unlawful or promotes or encourages illegal activity.
4. Managing Content
HAYMARKET reserves the right to delete, move or edit any Content (including
Material posted in any interactive area of the Service) that it may determine,
in its sole discretion, violates this Agreement or is otherwise unacceptable.
However, HAYMARKET does not and cannot review all of the Content posted by users
on the Service and is not responsible for such Content. You shall remain solely
responsible for all Material. Although HAYMARKET reserves the right to remove
any offending Content on the Service, you understand and agree that you
nonetheless may be exposed to such Material and that you further waive your
right to any damages (from any party) related to such exposure.
Additionally, HAYMARKET shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine in its sole
discretion.
5. No Endorsement
5.1 HAYMARKET does not represent or endorse the accuracy or reliability of any
Content posted on any interactive area and you acknowledge that any reliance
upon such Content shall be at your sole risk. Any Content placed on any
interactive area by users represents the views of the user posting the
statement, and does not represent the views of HAYMARKET.
5.2 The Service may contain links to Site or mobile applications on the Internet
which are owned and operated by third parties (the “External Site or mobile
applications”). You acknowledge that HAYMARKET is not responsible for the
availability of, or the content located on or through, any External Site or
mobile application. You should contact the Site or mobile application
administrator or webmaster for those External Site or mobile applications if you
have any concerns regarding such links or the content located on such External
Site or mobile applications.
6. Indemnity
You agree to indemnify, defend and hold HAYMARKET and its affiliates, and their
respective officers, directors, owners, agents, information providers and
licensors (collectively, the “HAYMARKET Parties”) harmless from and against any
and all claims, liability, losses, damages, costs and expenses (including
attorneys’ fees) incurred by any HAYMARKET Party in connection with any Material
or with use or alleged use of any Content or the Service, including any use
under your password by any person, whether or not authorized by you. HAYMARKET
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with HAYMARKET’s defense of such claim.
7. Termination of Service
For Pharmaceutical Marketers Directory subscribers, upon commencement of a
Subscription, no refund of Subscription Fees or any portion thereof will be
given under any circumstances.
HAYMARKET reserves the right, in its sole discretion, to restrict, suspend or
terminate your access to all or any part of the Service, including the
discussion areas, at any time for any reason without prior notice or liability.
Conversely, you may terminate your membership of the Service at any time, for
any reason, by emailing HAYMARKET at custserv@haymarketmedia.com. Once your
membership terminates, you will have no right to use the Service. The terms of
this Agreement shall survive any termination of your membership. HAYMARKET may
change, suspend or discontinue all or any aspect of the Service at any time,
including the availability of any feature, database, or Content (including the
discussion areas), without prior notice or liability.
8. Copyright Policy
You may not post, distribute, perform, display, transmit or reproduce in any way
any copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Service in a way that constitutes copyright or trademark
infringement, please contact the editor of the product located in the “About Us”
or “Contact Us” sections of the website or mobile application with the following
information: (a) an electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright or trademark interest; (b) a
description of the copyrighted work(s) or trademark(s) that you claim has been
infringed; (c) a description of where the material that you claim is infringing
is located on the website or mobile application; (d) your address, telephone
number, and email address; (e) a written statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright or
trademark owner, its agent, or the law; and (f) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright or trademark owner or authorized to act on the
copyright or trademark owner’s behalf.
9. Disclaimer of Warranties; Limitation of Liability.
9.1 NEITHER HAYMARKET NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF
THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN
“AS IS, AS AVAILABLE” BASIS. NONE OF HAYMARKET, THIRD PARTY CONTENT PROVIDERS OR
THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT
TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE
SERVICE. NEITHER HAYMARKET NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT
ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly agree that the entire risk as to the quality and performance of
the Service and the accuracy or completeness of the Content is assumed solely by
you. You specifically acknowledge that HAYMARKET is not responsible or liable
for any unauthorized access to or alteration of your Materials, data or other
transmissions entered into through the Service or for any threatening,
defamatory, obscene, offensive or illegal Content or for conduct of any other
party or for any infringement of another’s rights.
Please note that a small number of people may experience epileptic seizures when
exposed to certain light patterns on a computer screen like those displayed when
using the Service. Consult your physician prior to using the Service if you have
had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered
vision, disorientation, loss of awareness, involuntary movements or convulsions)
and discontinue use of the Service immediately if you experience any such
symptoms.
9.2 NEITHER HAYMARKET, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE
AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR
SOLE REMEDY FOR DISSATISFACTION WITH THE Site or mobile application, Site or
mobile application-RELATED SERVICES, AND/OR HYPERLINKED WEB Site or mobile
applications IS TO STOP USING THE Site or mobile application AND/OR THOSE
SERVICES.
9.3 Some states do not allow exclusion of implied warranties or limitation of
liability for incidental or consequential damages, so the above limitations or
exclusions may not apply to you. In such states, the liability of HAYMARKET,
third party content providers and their respective agents shall be limited to
the greatest extent permitted by law.
10. Member Disputes
You are solely responsible for your interactions with other Members of the
Service. HAYMARKET reserves the right, but has no obligation, to monitor
disputes between you and other Members.
11. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with
all local rules regarding user conduct on the Internet and acceptable content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
12. Links
Some of the pages on the Site or mobile application include links to external
website or mobile applications. These links are included to give users the
opportunity to access other pages that it is felt may be of assistance to them.
Except for HAYMARKET owned links, HAYMARKET is not responsible for the content
of these internet Site or mobile applications.
13. Disclaimer
The information presented on this site may include images and settings involving
patients. Unless otherwise stated, the individuals depicted in these scenarios
are fictitious, and no association with any real person is intended or should be
inferred.
The information provided on this site is intended for an audience of healthcare
professionals. For questions about medical conditions and treatments, c
onsumers should always consult a physician or seek emergency medical care, if
necessary.
14. Viruses
While efforts have been taken to ensure that the pages on the Site or mobile
application are free from viruses, HAYMARKET gives no warranties that they are
indeed free from viruses and users are responsible for ensuring that they have
installed adequate virus checking software.
HAYMARKET excludes, in so far as it is legally responsible, all liability and
responsibility (other than liability for death or physical injury arising out of
the negligence of HAYMARKET or its officers) for any viruses or any other
computer code, files or programs designed to interrupt, restrict, destroy, limit
the functionality of or compromise the integrity of any computer software or
hardware or telecommunications equipment or other material transmitted with or
as part of:
The pages on the Site or mobile application or any other Internet Site or mobile
applications;
Any material downloaded from the Site or mobile application or any other
Internet Site or mobile applications;
Any publication, product or service.
15. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be construed in accordance with the laws of the State of
New York, without reference to principles of choice of law. You and HAYMARKET
each irrevocably consent to the personal jurisdiction of the federal or state
courts located in New York, New York, the Borough of Manhattan (the “Courts”)
with respect to any action, suit or proceeding arising out of or related to this
Agreement or to the Service (including without limitation any Content) and waive
any objection to venue in any of the Courts for such an action, suit or
proceeding (whether based on forum non conveniens or otherwise); additionally,
you agree that you will not bring any such action, suit or proceeding in any
court other than the Courts. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties with respect to such
subject matter. If any inconsistency exists between the terms of this Agreement
and any additional terms and conditions posted on the Service, such terms shall
be interpreted as to eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. If any provision of this
Agreement is held invalid, illegal or unenforceable in any respect, (i) such
provision shall be interpreted in such a manner as to preserve, to the maximum
extent possible, the intent of the parties, (ii) the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or
impaired thereby, and (iii) such decision shall not affect the validity,
legality or enforceability of such provision under other circumstances.
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