Last updated on April 22, 2008

These Terms of Use set forth the terms and conditions governing your use of the sharing miracles website (sharingmiracles.com) (the “Website”) presented by the Pharmaceutical Research and Manufacturers of America and administered by Qorvis Communications, LLC (collectively, “PhRMA”). By using the Website 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 the Website and do not apply to any other website 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 the Website 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 the Website.

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 the Website. By using the Website, you are consenting to the terms of our Privacy Policy.

No Medical Advice

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

Notice Regarding Children

The Website is intended for adults only. We do not intend for the Website 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 Website Information

All information, materials, and other content located on the Website, 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. The Website is provided exclusively for your personal and non-commercial use. You must abide by this and all other copyright notices or restrictions contained on the Website.

By using the Website, you agree not to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Website except as described above or pursuant to our prior written consent as described below.

All rights in the product names, company names, trade names, logos, product packaging, and designs of all PhRMA or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to PhRMA or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Website confers on you any license or right under any patent or trademark of PhRMA or any third party.

Restrictions on Use

If you want to use the content of the Website 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 by e-mailing us here. Without limiting the foregoing, you agree that you will not (a) use the Website 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 the Website; (c) use any automated means, such as scripts, screen-scrapers, or website copying applications, to capture, copy, or otherwise access the Website; or (d) engage in any objectionable or unlawful conduct in connection with the Website.

You are required to comply with all applicable laws while using the Website, as well as additional terms that may be provided in any subsequent notice. As a condition of your access to the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. PhRMA reserves the right to take action against anyone who violates those requirements or any other provision of the Terms of Use, including (without limitation) to revoke your permission to use the Website at any time immediately upon such notice from PhRMA. Access to the Website may be monitored or logged without further notice to you.

Links to Website

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

Links to Other Websites

The Website contains links to other websites solely as a convenience to persons who visit the Website. PhRMA makes no representations about the websites linked from the Website. The inclusion of any such link on the Website 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 website that you visit, including those linked from the Website, as their terms and policies may differ from ours.

No Endorsements

The Website 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 for the convenience of users of the Website. Under no circumstances shall PhRMA be liable in connection with those third-party products or services, including for your use of such products or services.

User Submissions

The Website contains features that allow users to post their own content, including by sharing your stories or providing comments. When your account is used to submit, post, or add content to the Website (“User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein. If you provide User Submissions to us (including without limitation stories, comments, photographs, ideas, know-how, concepts, techniques, feedback, data, questions, suggestions, strategies, artwork, statistics, graphs, processes, plans, freeware, scripts, code, or vulnerabilities), you grant PhRMA an unrestricted, non-exclusive, perpetual, irrevocable, royalty free, worldwide, transferable and sublicensable license to use such User Submissions 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 unless otherwise agreed to by PhRMA. 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. You also agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.
By using the site, you agree that none of your User Submissions will:

1. infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
2. contain false statements or misrepresentations that could damage PhRMA or any third party;
3. include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, discriminatory, or embarrassing material, as determined by PhRMA in its sole discretion;
4. be illegal or otherwise objectionable, including to PhRMA; or
5. include commercial advertisements or solicitations, or identify or promote any commercial product.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Use or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other user’s submissions appear to violate these Terms of Use, or if any other user ever makes you feel harassed or unsafe, please contact us here.

You understand and agree that User Submissions are neither owned by nor provided by PhRMA, and that PhRMA is in no way responsible for such User Submissions or any related conduct or practices. You rely on the information contained in any User Submissions at your own risk.

Notice of Copyright Infringement

Just as we require users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please contact us with the following information:

1. identification of the copyrighted work claimed to have been infringed;
2. identification of the allegedly infringing material on the Website that is requested to be removed;
3. your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
4. a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
5. a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

No Warranty

THE WEBSITE, ITS CONTENTS, AND THE SERVICES OFFERED THROUGH THE WEBSITE (COLLECTIVELY, THE “THE WEBSITE”) 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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DATA ACCURACY AND NON-INFRINGEMENT. PhRMA DOES NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR FREE FROM ERROR, THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS SOLELY AN INFORMATIONAL SERVICE, AND THAT PHRMA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES THAT YOU CLAIM RESULT DIRECTLY OR INDIRECTLY FROM USE OF THE WEBSITE FOR ANY REASON, INCLUDING COSTS INCURRED IN USING THE SITE, DELAYS IN CONNECTION WITH THE SITE, DAMAGES RELATING TO ANY CONTENT ON THE SITE, OR THE COSTS OF ANY CLAIMS YOU BRING OR TRY TO BRING AGAINST US. TO THE EXTENT PERMITTED BY LAW, 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 WEBSITE, EVEN IF PhRMA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify and hold harmless PhRMA, its members and affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from, arising out of, or in connection with, your use of the Website or any violation or alleged violation of this Terms of Use agreement or its components (including but not limited to the Privacy Policy). We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Availability

PhRMA and/or its member companies may change the services and programs mentioned on or available through the Website at any time without notice. Additionally, all services referenced on the Website are subject to availability and qualifications. Terms, conditions, and exclusions not described on this Website may apply. The Website 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.

Jurisdictional Statement

The Website is controlled, operated and intended for use only in the United States of America. We do not represent that materials on the Website 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, the Website 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 the Website or in any way related to the Website 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, the Website, 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 and Integration

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.

Unless otherwise specified herein, these Terms of Use (and the Privacy Policy incorporated herein by reference) constitute the entire agreement between you and PhRMA and govern your use of the Website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and PhRMA.

Additional Agreements

From time to time, we might also offer certain services or engage in certain activities that require an additional agreement. When this is required, we will provide the additional agreement to you at that time. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service or engaging in the activity that it covers, because using that service or engaging in that activity indicates your acceptance of these Terms of Use and any additional agreement.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PhRMA as a result of these Terms of Use or your access to and use of the Website.

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Nothing contained in this Terms of Use document is in derogation of PhRMA’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by PhRMA with respect to such use.

Questions
Please contact us here if you have any questions or comments about these Terms of Use.
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BY CONTINUING TO USE THE WEBSITE, YOU AGREE TO ABIDE BY THE TERMS OF THIS CONTRACT.
Copyright 2008 Pharmaceutical Research and Manufacturers of America. All rights reserved.