Terms of Use

Last updated on March 23, 2006

These Terms of Use set forth the terms and conditions governing your use of the Partnership for Prescription Assistance Web site (PPARx.org) presented by the Pharmaceutical Research and Manufacturers of America and administered by Virilion, Inc. (collectively, "PhRMA"). By using PPARx.org in any manner, you agree to all terms and conditions contained or referenced in these Terms of Use. These Terms of Use apply only to your use of PPARx.org and do not apply to any other Web site or change or alter any other agreement between you and PhRMA.

PhRMA reserves the right, in its sole discretion, to modify or change these Terms of Use at any time with or without prior notice to you. You should visit this page periodically to review the current Terms of Use; the date of the last update will be posted at the top of these Terms of Use for your convenience. Your continued use of PPARx.org following the posting of any changes to the Terms of Use constitutes your acceptance of those changes. If at any time you do not agree with these Terms of Use, you must immediately stop using PPARx.org.

Privacy Policy

PhRMA is concerned about your privacy and has developed a policy to address privacy concerns. Please see our Privacy Policy here regarding the collection and use of your information on PPARx.org. By using PPARx.org, you are consenting to the terms of our Privacy Policy.

No Medical Advice

You acknowledge that PhRMA does not provide medical advice, and you agree that you will not use the PPARx.org Web site as a substitute for or supplement to advice from a pharmacist, doctor or other qualified medical professional.

Notice Regarding Children

PPARx.org is intended for adults only. We do not intend for this Web site to collect information from anyone under the age of 13. Information published on this site is not intended for anyone under the age of 13.

Ownership and Use of Web site Information

All information, materials, and other content located on PPARx.org, except noted third party materials, are the property of PhRMA or its members, and are protected under United States and international copyright laws and treaty provisions. You may download, view, copy and print content from PPARx.org solely for use in seeking information about and applying for financial assistance for prescription medication on behalf of you or another. You must maintain and plainly display all copyright and other proprietary notices in the same form and manner as on the original, and otherwise comply with these Terms of Use.

Restrictions on Use

You agree that you will not use the PPARx.org Web site or any content located on PPARx.org in any way not explicitly authorized in the preceding paragraph. If you want to use the content of PPARx.org in a manner that is not permitted by these Terms of Use, you must receive PhRMA's prior written consent. To seek such consent, please contact us at info@PPARx.org. Without limiting the foregoing, you agree that you will not (a) use PPARx.org or its contents in any way that could overburden, impair, disable or damage any PhRMA server; (b) obtain or attempt to obtain any content or information that has not been intentionally made available on PPARx.org; or (c) use any automated means, such as scripts, screen-scrapers, or Web site copying applications, to capture, copy or otherwise access the PPARx.org Web site.

PhRMA reserves the right to revoke your permission to use the PPARx.org Web site at any time, and your use shall be discontinued immediately upon such notice from PhRMA. Access to PPARx.org may be monitored or logged without further notice to you.

Links to PPARx.org

You may link to the PPARx.org Web site subject to the following restrictions. You agree that you will not (a) include links to any PPARx.org page other than http://www.PPARx.org ; (b) "frame" or impose editorial comment, commercial material or any type of identification on or in proximity to content displayed on PPARx.org; (c) alter or modify PPARx.org content, "cut and paste" or otherwise reproduce PPARx.org content on the Web site that links to PPARx.org; (d) misrepresent your relationship with PhRMA or the PPARx.org Web site or imply that PhRMA or the PPARx.org Web site has any connection with, or is endorsing or sponsoring, you or your Web site; or (e) present false, misleading or defamatory information about PhRMA or its services. You further agree that you will not link to PPARx.org if content on the linking site contains libelous, defamatory, obscene, pornographic or patently offensive material. You link to PPARx.org at your own risk; PhRMA is under no obligation to maintain PPARx.org, provide or update PPARx.org content or otherwise support your link to the PPARx.org Web site. PhRMA may revoke its authorization for you to link to the PPARx.org Web site at any time for any reason or no reason, and you agree to remove any and all links to the PPARx.org Web site upon notice by PhRMA.

Links to Other Web sites

PPARx.org contains links to other Web sites solely as a convenience to persons who visit PPARx.org. PhRMA makes no representations about Web sites linked from PPARx.org. The inclusion of any such link on PPARx.org does not imply that PhRMA endorses, recommends or accepts any responsibility for such sites, their content, policies, practices, products, services or companies. We encourage you to read the terms of use and privacy policies of any Web site that you visit, including those linked from PPARx.org, as their terms and policies may differ from ours.

No Endorsements

PPARx.org may reference or mention other parties, their products or services. Any such reference or mention is not an endorsement, recommendation or sponsorship of that party, its product or services, but is merely for informational purposes.

Submissions

Other than information submitted for purposes of completing an application for prescription assistance (the treatment of which is governed by the privacy policy referenced above), PhRMA does not want to receive confidential or proprietary information from you through its PPARx.org Web site or via email. Please note that, other than as set forth in the privacy policy, any information or material sent to PhRMA may not be treated as confidential. If you submit information or materials to us (including without limitation ideas, know-how, concepts, techniques, feedback, data, questions, comments, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code or vulnerabilities), you grant PhRMA an unrestricted, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use in any way for any commercial or non-commercial purpose, including without limitation the right to reproduce, copy, display (publicly or otherwise), perform (publicly or otherwise), modify, transmit, distribute, edit, reformat, translate, and make derivative works from those materials or information. You understand that you will not be compensated or credited for any such use. You agree that you shall have no recourse against PhRMA nor any right to license fees or royalties for any alleged or actual infringement or misappropriation of any property included in your communications to us.

No Warranty

THE PPARx.ORG WEB SITE, ITS CONTENTS, AND THE SERVICES OFFERED THROUGH THE WEB SITE (COLLECTIVELY, THE "WEB SITE") ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, PhRMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF ERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. PhRMA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEB SITE WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

PhRMA DISCLAIMS LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) IN ANY WAY ARISING FROM THE FUNCTIONALITY OR OPERATION (OR FAILURE TO FUNCTION OR OPERATE) OF THE PPARx.ORG WEB SITE, EVEN IF PhRMA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Availability

PhRMA and/or its member companies may change the services and programs mentioned on or available through PPARx.org at any time without notice. Additionally, all services referenced on PPARx.org are subject to availability and qualifications. Terms, conditions, and exclusions not described on this Web site may apply. PPARx.org can be accessed from countries around the world and may contain references to products, services and programs that are not available in your country. These references do not imply that PhRMA intends to make such services or programs available in your country.

Trademarks

Partnership for Prescription Assistance is a trademark of Pharmaceutical Research and Manufacturers of America. Marks and trade names not owned by PhRMA and mentioned on PPARx.org are the property of their respective owners.

Jurisdictional Statement

This Web site is controlled, operated and intended for use only in the United States of America. We do not represent that materials on PPARx.org are appropriate or made available for use outside of the United States of America.

Governing Law

These Terms of Use and all matters relating to your access to, or use of PPARx.org shall be governed by the laws of the District of Columbia. You agree that any legal action or proceeding between PhRMA and you for any purpose concerning these Terms of Use or PPARx.org or in any way related to this Web site shall be brought exclusively in a court of competent jurisdiction sitting in the District of Columbia. Any cause of action or claim you may have with respect to these Terms of Use, PPARx.org, or PhRMA must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

No Waiver

PhRMA reserves the right to take all legal and technical steps available, including pursuing civil remedies and criminal prosecution, for any violation of these Terms of Use. PhRMA.s failure to enforce these Terms of Use in every instance in which it is entitled does not amount to a waiver of PhRMA's rights.

Severability

If any provision of these Terms of Use is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect.