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Est. 2008

TERMS OF USE

Welcome to BioPharmGuy.com

THESE TERMS OF USE APPLY TO YOUR USE OF THIS WEBSITE, BIOPHARMGUY EMAIL NEWSLETTERS, DATA, CRO CONNECTION SERVICE, LINKS, OR ANY OTHER SERVICES PROVIDED BY BIOPHARMGUY, (TOGETHER, THE "BIOPHARMGUY WEBSITE AND SERVICES"). BY ACCESSING, VIEWING, OR USING ANY MATERIAL OR CONTENT ON THIS WEBSITE, OR USING THE BIOPHARMGUY WEBSITE AND SERVICES, YOU AGREE TO ACCEPT THE FOLLOWING TERMS OF USE, AS WELL AS BIOPHARMGUY'S PRIVACY POLICY. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH BELOW, THEN YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE AND YOU SHOULD EXIT IMMEDIATELY.

The term "You" or "Your" used throughout these Terms of Use refers to individual persons (and in the case of individual persons acting on behalf of any business entity, such business entity that they are acting on behalf of), who access, view or use the BioPharmGuy Website and Services.

As a condition to using the BioPharmGuy Website and Services You represent and warrant that (1) You are at least 18 years of age and possess the legal authority to enter into an agreement and to use the BioPharmGuy Website and Services in accordance with these Terms and Conditions; (2) Your use of the BioPharmGuy Website and Services, including but not limited to any BioPharmGuy data, is subject to and will comply with all applicable federal, state and local laws and regulations including applicable laws relating to telemarketing, email and facsimile marketing and customer solicitation.; and (3) You will not engage in any conduct that may result in the distribution, downloading, encryption, placement, mailing, or use of any virus, Trojan horse, worm, time bomb, cancelbot or other computer programming routine or malicious software that has the effect of causing damage to this website or any site linked thereto, or that detrimentally interferes with, surreptitiously intercepts or expropriates any system, data or personal information.

Links To Other Websites

The BioPharmGuy website and email newsletters provide links to other internet websites. These links are provided solely for Your convenience and information.

BIOPHARMGUY DOES NOT EXERCISE ANY CONTROL OVER, OR RESPONSIBILITY FOR, THE CONTENT, SERVICES, PRODUCTS OR ACCURACY OF INFORMATION PROVIDED ON SUCH LINKED WEBSITES. IF YOU VISIT ANOTHER WEBSITE LINKED TO BIOPHARMGUY, YOU DO SO AT YOUR OWN RISK AND SUBJECT TO THE LINKED WEBSITE'S TERMS OF USE, PRIVACY AND SECURITY POLICIES. USERS OF THE BIOPHARMGUY WEBSITE OR SERVICES ARE ADVISED TO READ CAREFULLY THE USER AGREEMENTS, TERMS AND CONDITIONS, AND PRIVACY AND SECURITY POLICIES POSTED BY ANY OTHER WEBSITE LINKED TO BIOPHARMGUY BEFORE USING SUCH WEBSITE(S) OR ANY SERVICES OFFERED BY SUCH WEBSITE(S).

BioPharmGuy Data Sales

BioPharmGuy Data is sold "as is" and BioPharmGuy does not guarantee, warrant or ensure the accuracy, usefulness, timeliness, correctness, or completeness of such Data. There are no refunds, returns or exchanges permitted except as otherwise explicitly set forth in these Terms of Use. BIOPHARMGUY does not guarantee that any updated data purchased will be materially different from the original data, in the event the underlying data or information has not changed. BioPharmGuy Data is used at Your sole risk and peril.

Purchased data may not be resold, transferred, or shared publicly. You agree not to refer to BioPharmGuy in connection with your use of the BioPharmGuy Data, or in any of Your advertisements or marketing materials.

BioPharmGuy Licensing Agreements

These Terms of Use, together with the terms set forth in the applicable Data Licensing Agreement, will govern Your use of any BioPharmGuy Licensed Data.

CRO Connection Service

BioPharmGuy's CRO Connection Service connects clients with a wide variety of service providers that subscribe to our weekly email. BioPharmGuy does not vet, review, investigate, or endorse either the clients or service providers who participate in our CRO connection service. BioPharmGuy is not a party to any agreement that You might enter into with a client or service provider. Service providers are solely responsible for any products or services they offer, and BioPharmGuy is not acting as an agent, broker or advisor in connection with any agreements that may result from use of the CRO connection service. BioPharmGuy shall not be liable for any damages or costs of any kind that You may incur in connection with your use of the CRO Connection Service or any agreement You may enter into with a client or service provider. By requesting our help in finding a service provider or company of any kind, You grant BioPharmGuy permission to share Your email address with our CRO connection service email subscribers.

Premium Listings and Advertising

BioPharmGuy makes no representations, warranties or guarantees to service providers and/or advertisers who purchase Premium Listings or otherwise advertise on the BioPharmGuy website or email service, that such Premium Listings or advertising will result in increased sales or business. BioPharmGuy reserves the right to cancel any Premium Listings or advertising at any time and for any reason. In the event of cancellation, advertising or listing fees are non-refundable except to the extent that a refund will be offered on a pro-rated basis for any days remaining for the advertising and/or premium listing.

Disclaimer Of Warranties

THE FACT THAT BIOPHARMGUY PROVIDES A LINK TO ANOTHER WEBSITE, DOES NOT MEAN THAT BIOPHARMGUY ENDORSES OR SPONSORS SUCH WEB SITE(S) OR ANY PRODUCTS OR SERVICES OFFERED ON SUCH WEBSITE(S).

THIS WEBSITE AND THE BIOPHARMGUY SERVICES (INCLUDING BUT NOT LIMITED TO BIOPHARMGUY DATA) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE BIOPHARMGUY WEBSITE AND SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, BIOPHARMGUY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXPRESSLY AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, (1) ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, SECURITY OR USEFULNESS OF THE BIOPHARMGUY WEBSITE AND SERVICES; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

BIOPHARMGUY DOES NOT WARRANT OR GUARANTEE THAT ANY PORTION OF THIS WEBSITE OR ITS CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.


This website is controlled and monitored from the United States of America and no representation is made that materials are appropriate or available for use in other locations. If You use or access this website from other locations, You are responsible for compliance with all applicable local laws.

Indemnity

By using, viewing or accessing the BioPharmGuy Website and Services, You agree to indemnify and hold BIOPHARMGUY and its officers, directors, employees, contractors, joint venturers, partners, and agents harmless from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising from your breach of this Agreement, or Your violation of any law or the rights of a third party, including but not limited to, intellectual property and privacy rights.

Privacy and Security

Your privacy and security is very important to us. Please review the BioPharmGuy Privacy Policy for information regarding how personal information collected on this website is used by BIOPHARMGUY. Notwithstanding the appropriate steps BIOPHARMGUY has taken to protect any information collected on this website, BioPharmGuy cannot and does not guarantee that the information You provide will never be intercepted and/or decrypted by unauthorized parties. Your viewing and use of this website constitutes acceptance of the terms and conditions set forth in BioPharmGuy's Privacy Policy, which are hereby incorporated in these Terms of Use.

Limitations Of Liability

BIOPHARMGUY, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, JOINT VENTURERS, PARTNERS, AFFILIATES, AGENTS, ADVERTISERS, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO ANY PARTY (1) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OR THEFT OF PERSONAL INFORMATION), OR ANY DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE OF, RELIANCE ON, OR INABILITY TO USE THE BIOPHARMGUY WEBSITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE; OR (2) FOR ANY CLAIM ATTRIBUTABLE TO OR ARISING FROM ERRORS, OMISSIONS, OR OTHER INACCURACIES OR DESTRUCTIVE PROPERTIES OF THIS WEBSITE OR ITS CONTENT.


Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, BIOPHARMGUY's liability is limited to the greatest extent permitted by law.

Intellectual Property And Proprietary Rights

BioPharmGuy is a United States registered trademark of Wilsonian, LLC. This website and any software used in connection with this website, contains proprietary information protected by applicable intellectual property and other laws. You agree that all content, including but not limited to, artwork, screen shots, graphics, logos, drawings, images, text, trade names, trademarks and service marks (whether registered or unregistered) and the URL (hereinafter collectively referred to as "Content") are the copyrights, trademarks, service marks, patents, or other proprietary rights of BIOPHARMGUY, its partners, advertisers, affiliates, agents or other third parties.

Submissions to BIOPHARMGUY

Any ideas, notes, postings, suggestions, concepts, know-how, techniques, or other materials submitted to BIOPHARMGUY through this website will become our property and we shall be entitled to use such materials in perpetuity in any form or manner and in any media (whether known or hereafter devised) throughout the world, without restriction, and without compensation to any party, and You will not have any claim against us for such use.

Governing Law

You agree that the laws of Indiana, excluding its conflict of law rules that would result in the application of the laws of any other forum, shall govern your use of the BioPharmGuy Website and Services, these Terms of Use, and any dispute that may arise between You and BIOPHARMGUY.

Dispute Resolution and Venue

Any dispute, claim or controversy arising out of or relating in any way to Your use of the BIOPHARMGUY Website or Services or relating in any way to these Terms of Use must be filed in Tippecanoe County, Indiana. By using or accessing the BIOPHARMGUY Website or Services You knowingly, voluntarily and intentionally submit to the personal and exclusive jurisdiction of the foregoing court and waive, to the fullest extent permitted by law, the right to trial by jury. Notwithstanding the foregoing, BIOPHARMGUY, in its sole discretion and option, may institute suit in any court of competent jurisdiction to seek equitable, declaratory or injunctive relief.

Legal Notices

Any legal notices shall be provided by postage prepaid certified mail, return receipt requested, mailed and delivered to BIOPHARMGUY, LLC at PO Box 2218, West Lafayette IN, 47996.

Severability; Headings

If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Entire Agreement

The terms and conditions set forth herein constitute the entire agreement between You and BIOPHARMGUY regarding the subject matter of these Terms of Use and supersede any other oral or written statements or agreements with respect to the same. Any modifications or amendments to this agreement must be in a writing signed by BIOPHARMGUY.

Please note that these Terms of Use may be revised or amended at any time and such revisions or amendments will be effective upon posting. You are therefore advised to regularly check these Terms of Use as well as our Privacy Policy for updates.

Updated: August 29, 2016