Use of this website,
and information distributed in conjunction with this website, is offered to you
on your acceptance of these Terms of Use, our Privacy Policy and other notices posted
on this website. Your use of this website or of any content presented in any and
all areas of the website indicates your acknowledgment and agreement to these Terms
of Use, our Privacy Policy and other notices posted on this website. If you do not
agree to be bound by and comply with all of the foregoing, you may not access or
use our website. We suggest you print a copy of each of these documents for your
records.
Pharmaopportunities,
Inc. shall have the right, at its sole discretion, to modify, add or remove any
terms or conditions of these Terms of Use without notice or liability to you. Any
changes to these Terms of Use shall be effective immediately following the posting
of such changes on this website. You agree to review these Terms of Use from time
to time and agree that any subsequent use by you of this website following changes
to these Terms of Use shall constitute your acceptance of all such changes.
Use of Website Content.
The Company authorizes you to view and access a single
copy of the content available on or from Pharmaopportunities, Inc. (the "Website")
solely for your personal, noncommercial use.
Pharmaopportunities,
and any variations thereof, are and shall remain the trade-marks and trade names
and exclusive property of Pharmaopportunities, Inc, and any unauthorized use of
this or any related marks is unlawful. Other trademarks on this website are the
property of their respective owners. All content on this website, including without
limitation all programs, complied binaries, interface layout, interface text, documentation
and graphics, is the copyrighted property of Pharmaopportunities, Inc and is protected
by international copyright law. The content on this website may be used by you only
for your personal, non-commercial use as provided for in these Terms of Use, but
may not be taken out of context or presented in a misleading or discriminatory manner.
Any rights not expressly granted to you are reserved by us.
You must retain all copyright, trademark, service-mark
and other proprietary notices contained in the original Website Content on any copy
you make of the Website Content. You may not sell or modify the Website Content
or reproduce, display, publicly perform, distribute, or otherwise use the Website
Content in any way for any public or commercial purpose. The use of the Website
Content on any other website or in a networked computer environment for any purpose
is prohibited.
You shall not copy or adapt the HTML code that the
Company creates to generate any Website Content or the pages making up this website.
It is also protected by the Company's copyright.
Acceptable Site Use.
General Rules: Users may not use this website in
order to transmit, distribute, store or destroy material, including without limitation
Website Content, (a) in violation of any applicable law or regulation, (b) in a
manner that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal rights
of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Site Security Rules.
Users are prohibited from violating or attempting
to violate the security of this website, including, without limitation, (a) accessing
data not intended for such user or logging into a server or account which the user
is not authorized to access, (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization, (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus to this
website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d)
forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting. Violations of system or network security may result in civil
or criminal liability. The Company will investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Specific Prohibited Uses .
This website may be used only for lawful purposes
by individuals seeking employment and career information and employers seeking employees.
The Company specifically prohibits any use of the website, and all users agree not
to use the Website, for any of the following:
Posting any incomplete, false or inaccurate biographical
information or information which is not your own accurate resume (living individual
seeking employment on a full-time or part-time basis on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership",
distributorship or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only (except for
postings that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling, in which
case such postings are permissible), requires recruitment of other members, sub-distributors
or sub-agents.
Posting jobs for any position other than the positions
that make up the subject matter of this website.
Using the databases for any purpose other than as
an employer seeking employees, including but not limited to using the information
in the Resume Database to sell or promote any products or services.
Sending unsolicited mail or e-mail, making unsolicited
phone calls or sending unsolicited faxes regarding promotions and/or advertising
of products or services to a user of this website.
Deleting or revising any material posted by any other
person or entity.
Using any device, software or routine to interfere
or attempt to interfere with the proper working of this website or any activity
being conducted on this site.
Taking any action which imposes an unreasonable or
disproportionately large load on this website's infrastructure.
If you have a password allowing access to a non-public
area of this Website, disclosing to or sharing your password with any third parties
or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained
herein, using or attempting to use any engine, software, tool, agent or other device
or mechanism (including without limitation browsers, spiders, robots, avatars or
intelligent agents) to navigate or search this website other than the search engine
and search agents available from the Company and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or
reverse engineer any of the software comprising or in any way making up a part of
this website.
Aggregating, copying or duplicating in any manner
any of the Website Content or information available from this website.
Framing of or linking to any of the Website Content
or information available from this website.
User Information.
When you register for the Website, you will be asked
to provide the Company with certain information including, without limitation, a
valid email address (your "Information"). In addition to the terms and conditions
that may be set forth in any privacy policy on this Website, You understand and
agree that the Company may disclose to third parties, on an anonymous basis, certain
aggregate information contained in your registration application. The Company will
not disclose to any third party your name, address, e-mail address or telephone
number without your prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where such information is
relevant. The Company reserves the right to offer third party services and products
to you based on the preferences that you identify in your registration and at any
time thereafter; such offers may be made by the Company or by third parties. Please
see the Company's Privacy Policy for further details regarding your Information.
User Submissions.
As a user, you are responsible for your own communications
and are responsible for the consequences of their posting. You must not, and by
using this website you agree not to, do the following things: post material that
is copyrighted, unless You are the copyright owner or have the permission of the
copyright owner to post it; post material that reveals trade secrets, unless you
own them or have the permission of the owner; post material that infringes on any
other intellectual property rights of others or on the privacy or publicity rights
of others; post material that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity; post material
that is off-topic on topic-specific message boards; post a sexually explicit image
or statement; post advertisements or solicitations of business, post chain letters
or pyramid schemes; impersonate another person; or post material that contains viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming routines
or engines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness,
accuracy, or reliability of communications posted by users or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted by other
users will be at your own risk.
The Company acts as a passive conduit for the online
distribution and publication of user-submitted information and has no obligation
to screen communications or information in advance and is not responsible for screening
or monitoring material posted by users. If notified by a user of communications
which allegedly do not conform to these Terms and Conditions, the Company may investigate
the allegation and determine in good faith and its sole discretion whether to remove
or request the removal of the communication. The Company has no liability or responsibility
to users for performance or nonperformance of such activities. The Company reserves
the right to expel users and prevent their further access to the Website for violating
the Terms and Conditions or the law and the right to remove communications which
are abusive, illegal, or disruptive. The Company may take any action with respect
to user-submitted information that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public
area of this website, including message boards, forums, contests and chat rooms,
You grant the Company and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), 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
the content (in whole or in part) worldwide and/or 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. You also warrant that the holder of
any rights, including 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 also permit any subscriber to access, display, view,
store and reproduce such content for personal use. Subject to the foregoing, the
owner of such content placed on the Website retains any and all rights that may
exist in such content.
Any hyperlinks, "hidden" keywords or any keywords
that are irrelevant to the job or are otherwise misleading contained in a job posting
are prohibited.
We appreciate hearing from our customers and welcome
your comments regarding our services and the Pharmaopportunities Sites. Please be
advised, however, that our policy does not permit us to accept or consider creative
ideas, suggestions, inventions or materials other than those which we have specifically
requested. While we do value your feedback on our services, please be specific in
your comments regarding our services and do not submit creative ideas, inventions,
suggestions, or materials. If, despite our request, you send us creative suggestions,
ideas, drawings, concepts, inventions, or other information (collectively the "Submission"),
the Submission shall be the property of the Company. None of the Submission shall
be subject to any obligation of confidence on our part and we shall not be liable
for any use or disclosure of any Submission. The Company shall own exclusively all
now known or later discovered rights to the Submission and shall be entitled to
unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise,
without compensation to You or any other person who submitted the Submission.
Registration and Password.
You are responsible for maintaining the confidentiality
of your information and password. You shall be responsible for all uses of your
registration, whether or not authorized by you. You agree to immediately notify
the Company of any unauthorized use of your registration or password.
Identification Of Agent To Receive Notification And
Elements Of Notification Of Claimed Copyright Infringement
If you believe that your copyrighted work has been
uploaded, posted or copied to this Website and is accessible on this Website in
a way that constitutes copyright infringement, please notify us by providing our
designated copyright agent with the following information:
-
The physical or electronic signature of either the copyright owner or of a person
authorized to act on the owner's behalf;
-
A description of the copyrighted work You claim has been infringed, and a description
of the activity that You claim to be infringing;
-
Identification of the URL or other specific location on this website where the material
or activity You claim to be infringing is located or is occurring; You must include
enough information to allow us to locate the material or the activity;
-
Your name, address, telephone number and, if You have one, your e-mail address;
-
A statement by You that You have a good faith belief that use on the website of
the copyrighted work in the manner You are complaining of is not authorized by the
copyright owner, any agent of the copyright owner, or the law; and
-
A statement by You, made under penalty of perjury, that the information You have
provided in your notice is accurate and that You are either the copyright owner
or are authorized to act on behalf of the copyright owner.
We have designated Winston Burton as our agent to receive
notices of claims of copyright infringement on our website. You can contact Winston
as follows:
wburton@pharmaopportunities.com
Policy Regarding Termination of Users and Account
Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights
Of Others
Pharmaopportunities, Inc. and pharmaopportunities.com
respect the intellectual property of others, and we ask our users, account holders
and content partners to do the same. The unauthorized reproduction, copying, distribution,
modification, public display or public performance of copyrighted works constitutes
infringement of the copyright owner’s rights. As a condition to your use of this
Website, you agree not to use the Website to infringe the intellectual property
rights of others in any way. We will terminate the accounts of any account holders,
and block access to our Website of any users who are repeat infringers of the copyrights
or other intellectual property rights of others. We reserve the right to take these
actions at any time, in our sole discretion, with or without notice, and without
any liability to the account holder who is terminated or to the user whose access
is blocked.
The Company's Liability.
Pharmaopportunities.com is only a venue. This Website
acts as a venue for employers to post job opportunities and candidates to post resumes
and does not screen or censor the listings offered. The Company is not involved
in the actual transaction between employers and candidates. As a result, the Company
has no control over the quality, safety or legality of the jobs or resumes posted,
the truth or accuracy of the listings, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings. In addition, note
that there are risks, including but not limited to the risk of physical harm, of
dealing with strangers, foreign nationals, underage persons or people acting under
false pretenses. You assume all risks associated with dealing with other users with
whom You come in contact through the Website and/or the other Pharmaopportunities
Sites.
Because user authentication on the Internet is difficult,
the Company cannot and does not confirm that each user is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or control the
behavior of participants on this website, in the event that You have a dispute with
one or more users, You release the Company (and our agents and employees) from claims,
demands and damages (actual and consequential, direct and indirect) of every kind
and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes. If You are a California
resident, you waive California Civil Code d1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
We are under no legal obligation to, and generally
do not, control the information provided by other users which is made available
through the Website and/or the other Pharmaopportunities Sites. By its very nature,
other people's information may be offensive, harmful or inaccurate, and in some
cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense
when using this Website.
The Website Content may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of this website or the Website Content. The use of the Pharmaopportunities
Website and the Website Content is at your own risk. Changes are periodically made
to the Website and may be made at any time.
You acknowledge and agree that you are solely responsible
for the form, content and accuracy of any resume or material contained therein placed
by you. Employers are solely responsible for their postings.
The Company is not to be considered to be an employer
with respect to your use of this website and the Company shall not be responsible
for any employment decisions, for whatever reason made, made by any entity posting
jobs on this website.
THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL
OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT
RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS. THE PHARMAOPPORTUNITIES SITES AND WEBSITE CONTENT
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS,
AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR
ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE
USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites.
Links or pointers to
other websites and references to products and services offered by third parties
are provided to you for convenience only and do not constitute an endorsement or
approval by us of (i) the organizations that operate such websites; (ii) the content,
privacy policies or other terms of use on such websites; or (iii) such third party
products and services. As we have no control or responsibility over websites or
content maintained by other organizations, or for products and services offered
by third parties, we do not assume any liability for your use of any of the foregoing,
which use you acknowledge and agree shall be at your own risk.
No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or
obligations under these Terms of Use. You also agree not to make any unauthorized
commercial use of this website.
LIMITATION OF LIABILITY
PHARMAOPPORTUNITIES'S MAXIMUM LIABILITY ARISING OUT
OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS
OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED $100.
Termination.
The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited to deletion of your
postings from this Website and immediate termination of your registration with or
ability to access this Website and/or any other service provided to you by the Company,
upon any breach by you of these Terms and Conditions or if the Company is unable
to verify or authenticate any information you submit to the Website.
Indemnity.
You agree to defend, indemnify, and hold harmless
the Company, its officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from (i) any material you provide to a Pharmaopportunities
Site, (ii) any Website Content that you use or (iii) your breach of the terms of
these Terms and Conditions. The Company shall provide notice to you promptly of
any such claim, suit, or proceeding and shall assist you, at your expense, in defending
any such claim, suit or proceeding.
We reserve the
right to assume the exclusive defense and control of any matter subject to indemnification
by you, which shall not excuse your indemnity obligations.
Additional Terms of Use .
The Company makes no claims that the Website Content
may be lawfully viewed or accessed outside of the United States. Access to the Website
Content may not be legal by certain persons or in certain countries. If you access
the Website from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. Pharmaopportunities
also has the right to email our users at anytime .
These Terms and Conditions constitute the entire
agreement between you and the Company with respect to the use of Website. No changes
to these Terms and Conditions shall be made except by a revised posting on this
page.
The transmission of
data or information (including communications by e-mail) over the Internet or other
publicly accessible networks is not secure, and is subject to possible loss, interception
or alteration while in transit. Accordingly, we do not assume any liability for
any damage you may experience or costs you may incur as a result of any transmissions
over the Internet or other publicly accessible networks, such as transmissions involving
the exchange of e-mail with us (including those which may contain your personal
information). While we shall take commercially reasonable efforts to safeguard the
privacy of the information you provide us and treat such information in accordance
with our Privacy Policy, in no event will the information you provide to us be deemed
to be confidential, create any fiduciary obligations to you on our part, or result
in any liability to you on our part in the event that such information is inadvertently
released by us or accessed by third parties without our consent.
In addition, without limiting any of the other disclaimers
of warranty set forth in these Terms of Use, Pharmaopportunities does not provide
or make any undertaking as to the quality or nature of any of the products or services
purchased through Pharmaopportunities.com, or any other representation, warranty
or guaranty. Any such undertaking, representation, warranty or guaranty would be
furnished solely by the provider of the applicable class, or learning material,
product or service, under the terms agreed to by the provider.
These Terms of Use shall be governed by and construed
in accordance with the laws of the State of New York applicable therein, without
regard to conflict of laws. The parties
consent to the exclusive jurisdiction of the courts of, and venue and situs of the
State of New York.
If any provision of these Terms of Use is held invalid
or unenforceable in any respect by any court having competent jurisdiction, such
provision shall be enforced to the maximum extent permitted by law, and the remaining
provisions of these Terms of Use shall continue in full force and effect. No waiver
of any provision of these Terms of Use shall be deemed a further or continuing waiver
of such provision or any other provision of these Terms of Use.
