Please read the Terms of Use carefully before accessing or using this Site.

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that PDA (Parenteral Drug Association) may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

PDA may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of pda.org to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

THE SITE

Parenteral Drug Association ("PDA") make this Web site with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products made available or enabled via the Site by PDA or users of this Site. "Services" means all services and resources offered or enabled via the Site by PDA and users of this Site, including download areas, product and other information services and communications services such as bulletin boards, calendars, chat areas, communities, e-mail, forums (including lab and user to user forums), newsgroups, personal webpages, photo albums and other message or communication facilities designed to enable you to communicate with others (collectively, "Communications Venues").

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, PDA and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of PDA or other third parties. You are not permitted to use the Marks without the prior written consent of PDA or such third party that may own the Marks. PDA and the PDA logo are trademarks of Parenteral Drug Association.

For PDA logo policies, including logos for download, please refer to the PDA Logo and Identity Guidelines section.

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

• Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
• Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any PDA server or to the Site without authorization from PDA, whether through hacking, password mining or any other means.
• Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
• Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
• Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
• Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
• Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
• Transmit unsolicited or bulk communications to any PDA account holder or to any pda.org or affiliated e-mail address.
• Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
• Create a false identity for the purpose of misleading others.
• Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
• Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
• Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
• Access or use the Site in any manner that could damage, disable, overburden or impair any PDA server/host or the network(s) connected to any PDA server/host.
• Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
• Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
• Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
• Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
• Violate the rights of PDA or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
• Use any PDA domain name as a pseudonymous return e-mail address.
• Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PDA.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. PDA offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, PDA Materials, PDA provided Services or another Third-Party Service. You agree that you will not hold PDA responsible or liable with respect to the Third-Party Services.

Certain Services and Materials will only be made available to users who are paid PDA members. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material. In addition to these Terms of Use, users of any Services that include Communications Venues may be required, in PDA’s sole discretion, to agree to a separate legal agreement on the Site or otherwise. Your access to such Communications Venues will be denied for violation of either the Terms of Use or the applicable agreement.

PDA, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. PDA may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as PDA deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.

If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify PDA immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to PDA's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

PERMITTED USE OF MATERIALS

Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from this website, provided that PDA's copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.

Others may view, print material, and temporarily store materials from this website for internal use only provided that copying fees are paid to the Copyright Clearance Center for printing of files beyond that permitted by Section 107 or 108 of the U.S. Copyright Act, and that PDA's copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.

A link or links may be made to any document or location at this website, provided that the link does not bypass any license agreement or lead to any secure areas on this site for which a fee has been assessed.

PROHIBITED USES OF MATERIALS

Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the pda.org website without prior written permission from PDA.

User agrees that materials may not be sold to third parties without prior written authorization from PDA.

User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

RESTRICTION AND TERMINATION OF USE

PDA may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in PDA’s sole discretion, without prior notice or liability to you.

USER SUBMISSIONS

By posting information on the website, User grants PDA the right to use this material and User grants any other user the right to access, display, view, store, and reproduce this material solely for their personal use. PDA does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk.

WAIVER OF LIABILITY

PDA does not screen or censor User-generated content made available on the website. PDA shall not be liable for any content posted on the website. User assumes all risks associated with dealing with other users with whom User comes in contact through the website. Should a dispute arise between User and another user, User hereby agrees to release PDA from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL PDA OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PDA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NO WARRANTIES

THE CONTENT THAT IS POSTED ON PDA.ORG MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PDA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PDA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.

PDA DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PDA IS NOT RESPONSIBLE FOR THOSE COSTS.

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by PDA to you as a convenience and the inclusion of the links do not imply any endorsement by PDA of any Linked Site. PDA has no control of the Linked Sites and you therefore acknowledge and agree that PDA is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that PDA is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

INDEMNITY

User agrees to defend, indemnify, and hold harmless PDA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, resulting from your use of the pda.org website or your breach of the Terms of Use. PDA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.

SPAM E-MAIL AND POSTINGS

In the event of your or others’ access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that PDA would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that PDA is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). PDA may without restriction block, filter or delete unsolicited e-mail.

ADVERTISEMENTS AND PROMOTIONS

PDA may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that PDA is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-PDA advertisers on the Site or in connection with the Services or Materials.

LANGUAGE

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

FOREIGN ACCESS

If User accesses this website from outside the United States, User does so at User's own risk

GOVERNING LAW

These Terms of Use are governed by laws of the State of Maryland. Jurisdiction for any claims arising under these Terms of Use shall lie exclusively with the state or federal courts within the State of Maryland. If any provision of these Terms of Use are 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 these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between PDA and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and PDA on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and PDA regarding the use of specific Services or Materials (including Service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other PDA services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without PDA’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by PDA to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.