Terms of Use
pharma-insight GmbH (“the company”, “we”, “us”, “our”) grants you the right as a user (“user”, “you”, “you” or “your”) to use our websites, software access the programs, content, products and services (“Services”) owned or licensed by us on the websites www.pharma-insight.de and www.pharma-insight.de (collectively, the “Websites”) and to use. These Terms of Use govern your use of the websites and our provision of the Services on which these Terms are posted. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PHARMA-INSIGHT GMBH SERVICES.
YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use and our Privacy Policy apply whenever you access the Sites or use the Services. By accessing the Sites or using the Services, you accept these Terms of Use as if you have signed them and you consent to our collecting and using your information as described in these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or our Privacy Policy, do not access the Sites or use the Services.
We may revise or terminate these Terms of Use or our Privacy Policy at any time without notice to you. You are responsible for regularly reviewing these Terms of Use and our Privacy Policy. By accessing the Sites or using the Services after any changes to the Terms of Service or our Privacy Policy are posted, you automatically agree to be bound by those changes.
DESCRIPTION OF THE SERVICES
The Services include a range of healthcare market research resources and services. Additional guidelines or rules may apply to specific Services. In addition to these Terms of Service, if you use the Services, you are also bound by any posted guidelines or rules applicable to the relevant Services.
The Company and the Services do not provide medical advice or make recommendations about any specific drug or product. All content is provided for informational purposes only and is intended for physicians or other healthcare professionals. The Content includes information licensed or obtained from third parties, which may be updated from time to time. Content should not be relied upon as a substitute for clinical judgment, and healthcare professionals must independently evaluate and verify information obtained through the Services.
You use the Services at your own risk. You must not use the Services as a substitute for medical advice or for a relationship with a doctor or other qualified healthcare professional. The Services are designed to support, not replace, the relationship that exists between a patient and their doctor.
REGISTRATION
As a condition of using the Sites and the Services, you may be required to register with Company and choose a password and username (“User ID”). If you register for any Service, you consent to receiving emails from us in connection with the Sites and the Services. You agree to provide and maintain accurate, current and complete information, including but not limited to your contact information for notifications and other communications from us, and your payment information (if applicable). Failure to do so constitutes a breach of this Agreement and may result in the immediate termination of your account. We handle all personal information from which you can be identified in accordance with our privacy policy. (i) You may not select or use the name of another person as a user ID to impersonate that person. (ii) You may not use a name subject to any rights of another person as a user ID without proper authorization. (iii) You must not misrepresent your license or qualifications. Company reserves the right, in its sole discretion, to refuse or revoke registration of any User ID. You are responsible for maintaining the confidentiality of your password, and you are also solely responsible for all information and instructions submitted through the Sites or the Services using your password and user ID. All information and instructions submitted using your user ID will be deemed to have been sent by you and authorized by you. You agree to notify us immediately of any unauthorized use of your user ID, password or other account information, or any other breach of security related to your account or the Services of which you become aware.
USER CONTENT
You may be able to share, submit, upload, or otherwise make available text, images, audio, video, contest entries, or other content (“User Content”) through the Services. This User Content may be publicly available or viewable. You must not submit or upload any User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic or otherwise objectionable, or that harms or may harm any other person or entity, whether such materials are protected by law.
We do not claim ownership of your User Content. However, you grant us a nonexclusive, sublicensable, irrevocable, and royalty-free worldwide license under all copyright, patent, trade secret, privacy, publicity, and other intellectual property rights to use, reproduce, transmit, print, publish, public display, display, distribution, redistribution, copying, indexing, commenting, modification, adaptation, translation, creation of derivative works, public display, making available and other exploitation of User Content, in whole or in part in part, in all media formats and channels now known or hereafter developed (including in connection with the Services and on third party websites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limitation as to time, How and how often you use it, without further notice to you, with or without attribution, and without requiring your authorization or payment to you or any other person or entity.
We have the right, but not the obligation, to monitor, filter, post, remove, modify, store and remove any User Content or communications using our Services at any time and for any reason and without prior notice to you to verify, among other things, that User Content or Communications comply with these Terms of Use. We are not responsible for and do not endorse the opinions, views, advice or recommendations posted or submitted by users. Furthermore, we do not guarantee the accuracy, completeness or quality of any User Content. Under no circumstances shall the Company be liable for any User Content, including but not limited to any errors or omissions in User Content, any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted through any Service.
You assume all risks associated with the use or exposure of any User Content. You acknowledge and agree that Company may retain and disclose User Content if Company is required to do so by law or has a good faith belief that such preservation or disclosure is reasonably necessary to: (a) enforce these Terms of Service; (b) respond to claims that any User Content violates the rights of third parties; or (c) protect the rights, property, or personal safety of the company, users, and the public.
INTELLECTUAL PROPERTY
The Sites and Services contain proprietary and confidential information that (a) is owned solely by Company or its affiliates, (b) is protected by United States and international patents, copyrights, trademarks, trade secrets and other intellectual property rights, and (c ) may only be used in accordance with these Terms of Use or our express written consent. You are granted only those rights necessary to access the Sites and make permitted use of the Services in accordance with these Terms of Use. All trademarks, service marks, trade names and trade dress (the “Marks”), whether registered or unregistered, that appear on the Sites are owned by us or our affiliates. You may not display or reproduce the Marks without our prior written consent, and you may not remove or modify any patent, copyright, trademark or other proprietary notices from any Content. All other rights not expressly granted herein are reserved.
GUARANTEE
You warrant and warrant (i) that you own all right, title and interest in your User Content or have obtained all necessary permissions to use your User Content on the Sites or through any part of the Services, (ii) that your User Content will not violate any law or violate any regulation, (iii) your User Content will not infringe the intellectual property or other rights of any third party, and (iv) your User Content is not designed to, or knowingly contends to, have an adverse effect on the Company, the Sites, the Services, other users or any other computer, network, software or hardware.
DAMAGE PAYMENT
You agree to indemnify and hold harmless the Company and its employees, directors, parent company(s), employees, agents, agents, licensees, successors, subsidiaries, affiliates, co-branders or other partners to and from all Any suit, legal proceeding, suit, or demand, including reasonable attorneys’ fees, based on a breach of your warranties under these Terms of Service.
LINKS TO THIRD PARTY SITES
The Services may have links to third party websites (“Linked Sites”). Linked sites are not under the control of Company and Company shall not be responsible or liable for any communications or materials contained in any linked site. You are responsible for complying with the applicable terms of use of any other website, and you are also solely responsible and liable for any interactions you have with such websites.
DATA PROTECTION
Your personal information is subject to our Privacy Policy, which you should read in its entirety. The current version of the privacy policy will be published on the websites.
NOTICES OF ALLEGED INFRINGEMENT OF THIRD PARTY RIGHTS
We respect the intellectual property of others and ask our users to do the same. We will process and investigate notices of alleged infringement and take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. If you believe that any material contained on a website infringes any of your copyrights, trademarks or other intellectual property rights or those of any other person, please email us with the details at [email protected].
All of the following information is required in order for us to process and investigate your claim:
- Identification of the protected work that you claim has been infringed. Please describe the work and, if possible, attach a copy or provide the location (e.g. URL) of an authorized version of the work.
- Identification of the material that you claim is infringing and its location. Please describe the material and give us its URL or other pertinent information that will help us locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information you have provided is accurate, and under penalty of perjury, that you are the owner or authorized to act on the owner’s behalf, under penalty of perjury.
- A signature or an electronic signature of the owner or the authorized representative.
COMPLETION
Company may, in its sole discretion, terminate your password, account (in whole or in part), use of any Services or access to any Website, and remove and delete any User Content for any reason, including failure to use it or if Company believes you are violating violated these Terms of Use or acted in breach of them. Company may also, in its sole discretion, discontinue the provision of any Service, in whole or in part, with or without notice, at any time. The Company will not be liable to you or any third party for any termination of your access to any Services. The provision of these Terms of Use, which by their nature should survive termination of these Terms, will survive such termination.
DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITES AND THE SERVICES, INCLUDING ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION AND USER CONTENT) ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT ANY PORTION OF ANY SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITES OR SERVICES THAT MAKE THEM AVAILABLE WILL BE FREE OF VIRUSES OR HARMFUL CODE. THE COMPANY MAKES NO REPRESENTATIONS OR OBLIGATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR THE SERVICES IN RESPECT OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHER ELEMENTS. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES WILL BE DONE AT YOUR OWN CONVENTION AND RISK. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
We make no representation or warranty that the Sites or the Services will provide an adequate level of protection for your privacy and security under the Health Insurance Portability and Accountability Act 1996, the Health Information Technology for Economic and Clinical Health Act 2009 and related security, privacy and other regulations (collectively “HIPAA” regulations) or other standards, laws, rules or regulations. You are responsible for determining your privacy and security needs and whether your use of the Sites or Services satisfies them.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE COSTS OR DAMAGES, LOST PROFITS, OR THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES OR DAMAGES , THE OUT LOSS OF DATA, LOSS OF EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTION WILL RESULT OUT OF OR RELATED TO THE SERVICES OR THE USE OF OR ACCESS TO OR THE INABILITY TO USE OR ACCESS THE SAME AND/OR DOCUMENTS LOCATED THEREON BEN, EVEN IF THE COMPANY IS ON THE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, STATUTE, EQUITY, LAW, OR OTHERWISE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND ANY INFORMATION YOU POST, SUPPLY OR ACCESSES, AND FOR YOUR CONDUCT ONLINE AND OFFLINE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND ACTION, WHATEVER THE FORM, EXCEED THE FEES PAID DURING THE PRECEDING TWELVE (12) MONTHS. ONE THOUSAND DOLLARS (US $1,000), WHICHEVER IS GREATER.
ASSIGNMENT
You may not assign or sublicense any of your rights or obligations under these Terms of Use, in whole or in part, by operation of law, by reason of a change of control, or otherwise, without our prior written consent. We have the right to assign any of our rights and obligations under these Terms of Use. In such event, we shall be relieved of any liability under these Terms of Use and all rights and obligations shall pass to our successor or assignee. These Terms of Use are binding on and for the benefit of our successors and assigns and your permitted successors and assigns.
FORCE MAJEURE
If we are unable to perform any of our obligations under these Terms of Service (including but not limited to loss of or failure to provide the Services) due to events beyond our reasonable control including but not limited to acts of God, Acts of terrorism, war or acts of public enemies, flood, earthquake, tornado, storm, fire, civil commotion, revolt, insurrection, labor dispute, shortage of labor or materials, sabotage, judicial or administrative order (whether valid or invalid), act or omission of any government or government agencies, power or telecommunications failures, breakdown or malfunction of machinery, transportation facilities or other equipment of any kind, we shall be excused from performance of the contract for the duration of such event. However, we will use our best commercial efforts to limit the duration of any such delay.
PLACE OF JURISDICTION
The laws of the Commonwealth of Pennsylvania and the United States shall govern this Agreement and its interpretation, without regard to conflict of law principles. You expressly agree that any disputes with the Company and any disputes relating in any way to your use of the Sites or the Services shall be settled exclusively by courts located in Bucks County, Pennsylvania, or the federal judicial district in which that county is located lies, are responsible. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY PROCEEDINGS OR LITIGATIONS ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE. In the event of any such dispute, the prevailing party shall pay all reasonable costs, including court fees and attorneys’ fees, incurred by the unsuccessful party in enforcing the provisions of these Terms of Use. You may not bring any action, in any form, in connection with these Terms of Use if the cause of the action dates back more than one year.
VARIOUS
Titles and headings are for clarity only. These Terms of Use constitute the entire understanding of both parties and supersede all prior oral and written communications and understandings relating to the subject matter hereof. All of our remedies are cumulative and not exclusive. A waiver of any breach of the Terms of Service shall not constitute a waiver of any prior, concurrent or subsequent breach of the same provision or any other provision. Any waiver must be in writing. If any provision of these Terms of Use is held invalid or otherwise unenforceable, the validity of the remaining provisions will not be affected. All other provisions remain fully valid and in effect as if the invalid parts had been deleted from the Terms of Use.
CONTACT
We are happy to answer your comments, questions and inquiries relating to our policies and/or the use of your data. Please address such communications to:
By post:
pharma-insight GmbH
Max-Volmer-Str. 28
D-40724 Hilden
By phone: +49 (0) 2103-96 06-0
By fax: +49 (0) 2103-96 06-299
By email: [email protected]
As of April 12, 2023