1.1 PharmStarsTM Website
By using the website located at www.pharmstars.com (the “PharmStars Website”), you warrant that you have read and agree to abide by these terms of service ("Terms of Service"). Please read them carefully.
In these Terms of Service, the first-person plural pronouns "We", "Us", "Our", "Ours", etc. refers to PharmStars, 661 Commonwealth Avenue, Newton, Massachusetts 02459 USA, (“PharmStars”). Similarly, the second-person pronouns "You", "Your", "Yours", etc. refer to you. Even if you are acting on behalf of your company, you are nevertheless individually bound by these Terms of Service. If you are acting within the scope of your employment, as an employee, contractor, or agent of another party, by using the PharmStars website, you warrant that such party has full knowledge of you actions and has consented thereto and is also bound by these Terms of Service.
We reserve the right to change these Terms of Service and will provide you notice of such change, by notifying you with a popup message the next time you log in to the PharmStars website. If you don't agree to the changes, you have the option to delete your account and stop using the PharmStars website. We agree that any changes cannot be retroactive.
We may, at our sole discretion, suspend your access to the PharmStars website, remove your account and/or delete all of your content including, without limitation, Comments (as defined below) for any reason or for no reason. You agree that you have no recourse and are entitled to no compensation or damages in this case.
You can terminate these Terms of Service any time by written notice to us. We can terminate these Terms of Service at any time by written notice to you. If you continue to use the PharmStars website after termination, then you are agreeing to the reinstatement of these Terms of Service and you will be bound by all its terms and conditions.
2. Your Obligations
2.1 When you engage with PharmStars on this website (and any of PharmStars’ social media channels), you are agreeing to these Community Guidelines in addition to any other legal notices provided by PharmStars.
2.2 You promise that you will use the PharmStars website in good faith and will use your real name and only provide accurate information.
2.3 You will not sign up under a false name or with someone else's name, even with their consent.
2.4 You will not create an account on the PharmStars website using a false, fake, "throwaway" or temporary email address. You will only use a real email address that delivers email to you.
2.5 You will not solicit other users of the PharmStars website with offers of internships, employment, recruiting or other services or products of any kind.
2.6 You will not post or submit content that advertises a product or service.
2.7 You are responsible to provide at your cost all equipment, software, mobile access, and internet access necessary to use the PharmStars website.
2.8 You will not post or submit any material that is inappropriate, offensive, profane, pornographic, racist, bigoted, threatening, harassing or intended to cause insult to, or anguish, fear or anxiety in others. We reserve the right to remove any of your content, without limitation, from the PharmStars website without notice to you at any time for any reason or for no reason and at our sole discretion.
2.9 You will not post content that contains inappropriate comments or inferences about our competitors.
2.10 The PharmStars website is not intended as a forum for discussing the medical conditions or histories of specific patients or for discussing any companies’ medicines, nor the reporting of side effects or product complaints associated with the use of prescription drugs. We are NOT compliant with the Health Insurance Portability and Accountability Act ("HIPAA") with regards to the privacy and protection of patient medical records. You will not post any information about a person's medical condition, medical history or any other information that would constitute a violation of HIPAA.
2.11 You will not post or submit content that violates our or any third-party rights (such as copyright or intellectual property) or any applicable laws.
2.12 You will not copy or transfer any part of the PharmStars website.
2.13 You will not "hack" or reverse engineer any of the software, applications or services running on the PharmStars website.
2.14 You will not use the PharmStars website in the commission of any crime.
2.15 You will not advertise, tell directly or imply indirectly to anyone that you are affiliated with or endorsed by us. You will also not use any of our logos or trademarks without our permission.
2.16 You will not attempt to override any access controls or security measures on the PharmStars website.
2.17 You will not interfere with or disrupt others' access to the PharmStars website.
As mentioned, we will provide notifications to you via the PharmStars website. In addition, you also consent to receiving email messages concerning the PharmStars website using the email address associated with your account.
We are not responsible for email or other communication problems of any kind. If any email to you is returned as undeliverable, or if you do not respond within the required number of days specified by us in the email message, we shall have no further obligation to you and we may, in our sole discretion, cancel and/or suspend your account.
By using and/or registering with the PharmStars website, you expressly consent to the collection, use and retention of certain personal information for the purposes of registering with and using the PharmStars website, and communicating about current and future events in accordance with these Terms of Services and PharmStars’ Privacy Statement.
5. Liability Release and Indemnification
You agree to indemnify, defend, and hold harmless each of us and each of our respective trustees, directors, officers, shareholders, members, employees, contractors, agents, representatives and partners (collectively, the “Indemnified Parties”), from and against all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) in connection with, relating to, or arising from:
(a) your use of the PharmStars website;
(b) any breach or alleged breach by you of any of the representations, warranties, and covenants contained in these Terms of Service; or (c) your violation of HIPAA.
5.2 Release of Liability
BY USING THE PHARMSTARS WEBSITE, YOU, ON BEHALF OF YOURSELF, YOUR HEIRS EXECUTORS, SUCCESSORS AND ADMINISTRATORS HEREBY RELEASE AND DISCHARGE US FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS AND LOSSES OF ANY NATURE WHETHER CAUSED BY OR RELATED, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE PHARMSTARS WEBSITE OR YOUR ACTS OR OMISSIONS IN CONNECTION THEREWITH.
5.3 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR PERSONAL INJURY/WRONGFUL DEATH) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH, ARISING FROM OR RELATING IN ANY WAY TO: (A) THE USE OR INABILITY TO USE THE PHARMSTARS WEBSITE; OR (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE PHARMSTARS WEBSITE.
6. Representations and Warranties
THE PHARMSTARS WEBSITE AND THE RELATED CONTENT ARE PROVIDED "AS IS". WE AND OUR LICENSORS TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, WE AND OUR LICENSORS, AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE CHALLENGE WEBSITE. WE MAKE NO WARRANTY THAT THE CHALLENGE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
7. Governing Law/Jurisdiction
PharmStars is located in Newton, Massachusetts, in the United States of America. These Terms are governed by the internal substantive laws of the State of Massachusetts, without resort to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with us, or in any way relating to the PharmStars website, resides in the courts of Middlesex County in the State of Massachusetts.
You agree that any and all disputes, claims and causes of action out of or connected with the PharmStars website shall be resolved individually, without resort to any form of class action. Further, any and all claims, judgments, and awards in favor of you shall be limited to actual out-of-pocket costs incurred, but in no event shall attorneys’ fees be awarded. You waive all rights to claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of- pocket expenses. Finally, you waive all rights to seek and/or obtain rescission and/or equitable and/or injunctive relief.
8.1 Entire Understanding
These Terms of Service set forth the entire agreement and understanding between us and you with respect to the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind between them.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
8.3 Force Majeure
In the event the PharmStars website is not able to continue as contemplated herein by any event beyond our reasonable control, including, without limitation, fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within our control (“Force Majeure”), we shall have the right, in our sole discretion, to modify, suspend, or terminate these Terms of Service.
If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service.