Terms and Conditions

(Last Updated January 25, 2010)

BY USING THIS WEB SITE, WHETHER OR NOT YOU HAVE SUBSCRIBED TO OR ORDERED ANY OF THE SERVICES PROVIDED ON THIS WEB SITE, YOU ARE INDICATING YOU HAVE READ AND AGREE TO BE BOUND BY, THE INDIVIDUAL CUSTOMER AGREEMENT, THE FUNDRAISER ORGANIZATION AGREEMENT (IF APPLICABLE), THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND THE DISCLAIMER AS FOUND ON THIS WEBSITE IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS ANY APPLICABLE LAWS AND REGULATIONS. IF YOU HAVE ORDERED OR ARE DEEMED TO HAVE ORDERED ANY OF THE SERVICES PROVIDED ON THIS WEB SITE, OR IF YOU ARE AN ORGANIZATION APPROVED TO HAVE A FUNDRAISER THROUGH PHARMACOLOGY WEEKLY, THEN PHARMACOLOGY WEEKLY'S ACCEPTANCE OF YOUR ORDER IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, THE INDIVIDUAL CUSTOMER AGREEMENT, THE FUNDRAISER ORGANIZATION AGREEMENT (IF APPLICABLE), THE PRIVACY POLICY, AND THE DISCLAIMER AS WELL AS THE PRICING TERMS YOU AGREE TO UPON CREATION OF YOUR ACCOUNT.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE INDIVIDUAL CUSTOMER AGREEMENT, THE FUNDRAISER ORGANIZATION AGREEMENT (IF APPLICABLE), THE PRIVACY POLICY, OR THE DISCLAIMER DO NOT USE OR SUBSCRIBE TO THIS WEB SITE NOR DOWNLOAD MATERIALS FROM THIS SITE.

Definitions:

The term "Pharmacology Weekly" as used herein or in any place on the pharmacologyweekly.com web site shall mean Pharmacology Weekly, Inc., a Texas corporation, d/b/a Pharmacology Weekly, and any and all newsletters, subscription services, or any other services offered by Pharmacology Weekly, Inc., whether through its web site Pharmacology Weekly.com or otherwise, and specifically including, but not limited to, the newsletters known as Pharmacology Weekly: Pharmacotherapy, Pharmacology Weekly: Drug Interactions, Pharmacology Weekly: Pharmacogenetics, and Pharmacology Weekly: Natural Medicines, as well as any other newsletters later offered for subscription through this web site.

The term "Terms and Conditions" as used herein or in any place on the pharmacologyweekly.com web site shall mean not only the Terms and Conditions set forth herein, but also the Individual Customer Agreement, the Fundraiser Organization Agreement (as applicable), and the Privacy Policy. Any and all references herein to the "Terms and Conditions" or these "Terms and Conditions" shall include all of the documents identified in the previous sentence.

The term "Pharmacology Weekly Products or Services" or "Products or Services" are defined as any and all services provided by Pharmacology Weekly to you either now or in the future.

Copyright Ownership:

Unless otherwise stated, any and all information contained in any product of Pharmacology Weekly, whether online, in print, or in audio, video, or any other format, is the property of Pharmacology Weekly or its content suppliers, and is protected under the U.S. and international copyright laws and conventions, trademark and trade secret laws, as well as applicable state laws. All such content is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et seq.) and international treaty provisions, and Pharmacology Weekly owns a copyright in the selection, coordination, arrangement, and enhancement of such content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the web site, in whole or in part. All rights not expressly granted herein are reserved to Pharmacology Weekly and its licensors.

International Use:

Pharmacology Weekly is controlled and operated in Salado, Texas, in the United States of America and if you access Pharmacology Weekly from outside Salado, Texas, or the United States of America, you agree that you are solely responsible for complying with all applicable laws, rules and regulations. Pharmacology Weekly makes no claims that Pharmacology Weekly or any information within the Pharmacology Weekly website or disseminated by Pharmacology Weekly is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access Pharmacology Weekly from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.   

Limitations of Use:

Only active, registered subscribers to any one or more of Pharmacology Weekly's newsletter subscriptions or audio files may access, view, browse or download the content of such newsletter to which the subscriber has subscribed, and shall only do so for private or noncommercial purposes as long as they maintain all copyright and other notices on all materials.  Any commercial or non-personal use is strictly prohibited. Your right to use the Products and/or Services is personal and shall be for the benefit of a single individual user only. This right is conditioned on your continued compliance with the Terms and Conditions (as defined above), and this right is a limited, non-exclusive, non-transferable personal license. You, as the subscriber, may be either an individual or a corporation or other business entity, but if you are not an individual, your subscription to this service must be only for use and access by one single person, and that person shall be bound by all of the Terms and Conditions (as defined above). Multiple persons within one corporation or business entity may not use a single subscription, but instead a separate account and a separate user name and password must be obtained for each individual who will be accessing the Products and Services of Pharmacology Weekly, even if such individuals are within the same family, company, or other entity, or have access to the same computer.

Sharing a password with a non-subscriber or otherwise making the contents of this web site available to third parties is strictly prohibited. Except as provided by law or by these Terms and Conditions, the contents of this web site and of any of the newsletters, podcasts or other information in any other format on this web site (whether in whole or in part, and whether text, images, audio, video or other format) may not be further stored, copied, reproduced, distributed, transmitted, modified, adapted, performed, displayed (including adaptations/display such as by "framing"), published, republished, uploaded, posted, or sold in whole or in part without the prior written permission from the President of Pharmacology Weekly. You may not mirror any material contained on this site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Pharmacology Weekly without express written consent from the President of Pharmacology Weekly. You may not use meta tags or any other "hidden text" utilizing Pharmacology Weekly's name or trademarks without the express written consent of Pharmacology Weekly. Any of the above-described unauthorized uses may subject the user to immediate revocation of access and applicable civil or criminal penalties.

Liquidated Damages:

As a reasonable estimation of the damages arising from your breach of your agreement above not to distribute, reproduce, sell, or transmit in any other manner the information you obtain from the Pharmacology Weekly web site, and as a reasonable estimation of the damages arising from your breach of your agreement not to allow other persons to use your account, username and password, you agree to pay Pharmacology Weekly $29.00 for each person who receives access to such information as a result of such unauthorized distribution, reproduction, sale, transmittal, or use, as well as $29.00 or negligence by you in breach of your agreement above not to so distribute, reproduce, sell, transmit or otherwise use the newsletters in such a way. For example, should you email a copy of a newsletter to an unauthorized user, who then emails that copy to 9 more unauthorized users, one of whom then emails it to 90 more unauthorized users, you shall be liable to Pharmacology Weekly in the amount of $2,900.00, which is $29.00 multiplied by the 100 unauthorized users who viewed a copy of the newsletter. Such liquidated damages shall be in addition to any reasonable attorney's fees and other expenses incurred by Pharmacology Weekly to enforce these Terms and Conditions, including, but not limited to, this Liquidated Damages provision.

Trademark Ownership:

The name "Pharmacology Weekly" and any associated logo designs are trademarks of Pharmacology Weekly, Inc. The use of any such trademarks without the prior written consent of Pharmacology Weekly is strictly prohibited. All other marks, names, and logos mentioned on the Pharmacology Weekly web site are the property of their respective owners.

Web Site Security: 

Any interference with the operation of the Pharmacology Weekly website or compromising the security system is strictly prohibited.  In addition, any sharing of login information is strictly prohibited. Pharmacology Weekly has several tools that allow you to record and store your information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Pharmacology Weekly account or password. It is your sole responsibility to: (1) control the dissemination and use of your username and password; (2) authorize, monitor, and control access to and use of your Pharmacology Weekly account and password; and (3) promptly inform Pharmacology Weekly of any need to deactivate an account or password. You grant Pharmacology Weekly and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the site, subject to the policies set forth in the Privacy Policy. Pharmacology Weekly cannot and does not assume any responsibility or liability for your or a third party's use or misuse of your login information or password resulting from your failure to protect such information.

Modifications to Terms and Conditions:

At its discretion, Pharmacology Weekly reserves the rights to modify the Terms and Conditions (and any and all documents included within that term as defined above) at any time by either or both of the following, the choice of which shall be in Pharmacology Weekly's sole discretion: (a) posting a revised version of the applicable document on the Pharmacology Weekly Website, which will state that it has been revised and the date of such revision; or (b) sending information regarding the revision to the email address you provide to Pharmacology Weekly.  YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE PHARMACOLOGY WEEKLY WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE PHARMACOLOGY WEEKLY PRODUCTS AND SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. These Terms and Conditions may not be amended by you except in writing signed by both you and Pharmacology Weekly.  In addition, Pharmacology Weekly reserves the right to modify, suspend, or restrict your access to any or all components and/or services without notice or liability, if you fail to comply, or Pharmacology Weekly has reason to believe you have failed to comply, with any of the Terms and Conditions (as defined above).

Website Modifications and Availability:

Pharmacology Weekly will make reasonable efforts to keep its website available 24 hours a day, seven days a week. However, owing to technical failures, routine maintenance, or other unforeseen circumstances, availability may be limited, and Pharmacology Weekly will not be responsible for the nonavailability of the newsletters or any other portion of the website. Neither Pharmacology Weekly, nor any of its officers, directors, employees, or agents warrant that the Pharmacology Weekly web site will be uninterrupted or error-free. Pharmacology Weekly reserves the right to modify, suspend, discontinue, or restrict access to, all or any part of its newsletters or its website at any time.

Violation of Terms and Conditions Notice:

Any violation of the Terms and Conditions (as defined above) shall result in immediate revocation of any further access to any electronic material related to the website and will be prosecuted to the fullest extent allowable by law.  If you violate any portion of the Terms and Conditions and your access is so revoked, you must immediately destroy any copies you have made of any portion of any information obtained from Pharmacology Weekly, and Pharmacology Weekly will cease sending you any of its information after having adequately notified you of such revocation.

Privacy or Protection of Personal Information:

All information collected through the website about you or your use of Pharmacology Weekly's services is protected as outlined by our Privacy Policy available on-line.

Disclaimer:

The information provided by Pharmacology Weekly is a result of research and/or contributions of independent individuals or organizations.  The editors rely primarily on peer-reviewed, published medical information and on the opinions of the editorial staff and independent peer-reviewers.  All education and recommendations are considered to be educational and for informational purposes only, and are not meant to apply to specific patients or to provide medical advice. All information provided by Pharmacology Weekly should be used appropriately in the context of the provider's legal role as a healthcare provider in their respective state and country.  Pharmacology Weekly does not accept responsibility or liability for the application of this information in direct or indirect patient care, and such information should not be substituted for the advice, diagnosis, or treatment of a qualified health care professional.  It is the responsibility of the healthcare provider to ascertain the Food and Drug Administration status of each drug used in their clinical practice.  Pharmacology Weekly does not recommend or endorse any specific tests, physicians, products, procedures, opinions, drugs, or other information that may be mentioned on the Pharmacology Weekly website. The reader is advised to check the product information provided by the manufacturer of each drug for any changes.  The editors and authors have made every effort to provide accurate and complete information and shall not be held responsible for any damages or any losses from any error, possible omission, or inaccuracy.  Therefore, Pharmacology Weekly shall not be held liable for any loss or injury caused by information obtained through this web site. Any law-related information found on this website is also for informational purposes only. It does not constitute legal advice, and should not be substituted for the advice of a lawyer. Please consult your own lawyer on any and all legal matters. Pharmacology Weekly is not your lawyer, and even though Pharmacology Weekly is advised by persons who are lawyers, Pharmacology Weekly does not practice law.  Please read our more extensive Disclaimer found at the following link for more detailed information: Disclaimer.

DISCLAIMER OF WARRANTY:

The Pharmacology Weekly website and all of THE content therein, of whatever format, ARE PROVIDED "AS IS" ON AN "AS AVAILABLE BASIS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, AS TO THE CONTENT OR INFORMATION ON THE PHARMACOLOGY WEEKLY WEB SITE, AND AS TO ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE PHARMACOLOGY WEEKLY WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY OF INFORMATION, NONINFRINGEMENT, AND NON-INTERFERENCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY:

YOU AGREE THAT PHARMACOLOGY WEEKLY SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THE PHARMACOLOGY WEEKLY WEB SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, WILL PHARMACOLOGY WEEKLY, ITS EMPLOYEES, OFFICERS, MEMBERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), OR ANY DAMAGES RESULTING FROM THE INABILITY TO USE, OR THE USE OF, PHARMACOLOGY WEEKLY, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, OR ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF PHARMACOLOGY WEEKLY.

SHOULD YOU OBTAIN A JUDGMENT FROM A COURT THAT PHARMACOLOGY WEEKLY IS LIABLE, IN SPITE OF YOUR RELEASE OF LIABILITY ABOVE, THE ENTIRE LIABILITY OF PHARMACOLOGY WEEKLY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF PHARMACOLOGY WEEKLY AND ANY OTHER PHARMACOLOGY WEEKLY PRODUCTS OR SERVICES OR ANY BREACH OF THESE TERMS AND CONDITIONS SHALL BE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE PRODUCT(S) OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$500.00. YOU HEREBY RELEASE PHARMACOLOGY WEEKLY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

YOU ACKNOWLEDGE THAT THESE LIMITATIONS APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD PAY A HIGHER FEE FOR THE SERVICES PROVIDED HEREUNDER. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Without limiting the foregoing, Pharmacology Weekly, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the content of the website, software, text, graphics, links, or communications provided on or through the use of the Pharmacology Weekly site or Pharmacology Weekly.

The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the content contained on the Pharmacology Weekly site.

The reliability of any advice, opinion, statement, or other information displayed or distributed through this web site.

Indemnity:

You agree to defend, indemnify, and hold Pharmacology Weekly, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the Terms and Conditions (AS DEFINED ABOVE), or arising out of, or alleged to arise out of, claims based upon use of your Pharmacology Weekly account, including any violation of THE TERMS AND CONDITIONS by you or any other person using your account, any claim of libel, defamation, FRAUD, MISREPRSENTATION, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations.

Advertisements, Searches, and Links to other sites:

Pharmacology Weekly may provide links to third-party web sites and may permit companies to advertise thier educational products or programs on Pharmacology Weekly's website. Pharmacology Weekly also may select certain sites as priority responses to search terms you enter and Pharmacology Weekly may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Pharmacology Weekly does not recommend and does not endorse the content on any third-party websites. Pharmacology Weekly is not responsible for the content of linked third-party sites, sites framed within the Pharmacology Weekly site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Pharmacology Weekly does not endorse any product, service, or treatment advertised on the Pharmacology Weekly site.

Jurisdiction:

You expressly agree that exclusive jurisdiction for any dispute with Pharmacology Weekly, or in any way relating to your use of the Pharmacology Weekly site, resides in the courts of Bell County, Texas, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Bell County, in the State of Texas, USA, in connection with any such dispute including any claim involving Pharmacology Weekly or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. Any alleged claims by you arising in connection with the Pharmacology Weekly website must be brought within one (1) year of the date that the event giving rise to such action occurred.

The Terms and Conditions (as defined above) are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of the Terms and Conditions 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 the Terms and Conditions, which shall remain in full force and effect. No waiver of any of the Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Copyright Complaints:

Pharmacology Weekly respects the intellectual property ownership rights of others. If you believe your work has been reproduced at Pharmacology Weekly in a way that constitutes copyright infringement, please notify us by providing the following items to our designated agent:

A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;

Identification of the copyrighted work, or a representative listing of the copyrighted works, that you claim have been infringed;

Identification of the material that you claim to be infringing or to be the subject of infringing activity and information reasonably sufficient to locate the material;

Information for contacting you, including your address, telephone number, and, if available, e-mail address;

A statement that you have a good-faith belief that the claimed infringement is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in your notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

You may contact our agent designated to receive notice of claims of copyright infringement as follows: By mail: Pharmacology Weekly, Inc, Attn: Office of Privacy, P.O. Box 719, Salado, Texas 76571, by telephone: 1-800-875-8571, by fax: 1-800-723-0603; or by e-mail: customer.service@pharmacologyweekly.com.

Notices; Consent:

Unless otherwise set forth to be provided differently (as in the case of modification of these Terms and Conditions), notices given by Pharmacology Weekly to you will be given by email or by a general posting on the Pharmacology Weekly website, or by conventional mail if satisfactory information was provided in the creation of your online account. In any matter requiring Pharmacology Weekly's prior consent, such consent will be considered given only if made in writing by the President of Pharmacology Weekly. Notices given by you to Pharmacology Weekly must be given by email or by conventional mail (subject, however, to Pharmacology Weekly's verification procedures, as may be established by Pharmacology Weekly from time to time in its sole discretion, and which may include the requirement that you contact Pharmacology Weekly by phone so as to confirm that any such notice was in fact sent by you). Notices to Pharmacology Weekly by conventional mail must be sent to Pharmacology Weekly, Inc., P.O. Box 719 Salado, TX 76571, U.S.A. Notices to Pharmacology Weekly by email shall be sent to customer.service@pharmacologyweekly.com, with return receipt requested.

Complete Agreement:

Except as expressly provided otherwise in a written agreement signed by Pharmacology Weekly, these Terms and Conditions, the Individual Customer Agreement, the Fundraiser Organization Agreement (as applicable), and the Privacy Policy, as well as the pricing terms you agree to upon creation of your account, constitute the entire agreement between you and Pharmacology Weekly with respect to the use of the Pharmacology Weekly web site, and the content contained therein.

Electronic Communications and Electronic Signatures:

You agree to be bound by any affirmation, assent or agreement you transmit through the Pharmacology Weekly web site, including, but not limited to, any consent you give to receive communications from Pharmacology Weekly solely through electronic transmission. You agree that, whenever you click on an "I agree," "I consent," or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

(Last updated: 08/01/2009)