Terms of Use/Copyright

Terms of Use and Legal Information

This web page states the "Term of Use" for the use of the www.pda.org website and sub-domains of pda.org (collectively, the "Site").  Please read the Terms of Use carefully before accessing or using the Site.

ACCEPTANCE OF TERMS

By accessing or using the 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 of Use set forth in this document and in any changes thereto that PDA may publish from time to time.  The terms "you", "your" and "user" are used to refer to anyone who is accessing the Site.

If you do not agree to the Terms of Use, do not access or use the 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 the 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

PDA makes 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, Technical Reports, technical documents, directories, publications, 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 the Site. "Services" means all services and resources offered or enabled via the Site by PDA and users of the 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, social media outlets 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.  For further information regarding PDA's Copyrights, please review the Copyright Policy within 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 the 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.

USE OF THE 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 current 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 acknowledge that all information you post on the public areas of the Site is available to PDA members and, in some instances, the public at large.  You further acknowledge and agree that PDA is not responsible for the availability of such information to the public.  PDA strongly encourages you not to post any sensitive information in public areas of the Site; and if you so post such information on the Site, you assume all risks associated with such postings and agree to hold PDA harmless from any inappropriate or misuse of such sensitive information by third parties.  Information collected by PDA as part of its agreements, forms, and other collection of information is subject to the Privacy Policy.

If you are required to establish an account in connection with the Site or a particular Service or Material, you must complete the designated registration process. 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. PDA's membership benefits, including the Site, Materials, and Services, are intended for your personal and individual use. You agree not to share PDA's membership benefits or the Materials and Services contained in or derived from the Site, including your account number, user name, or password with any other individual or third-party.  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 allow you to provide password-restricted access to your sensitive information (including customer lists and contractual terms) to other users you have authorized access (the "Authorized Users"), then by providing such authorized access to the Site, t, you consent to PDA's display of such information to such Authorized Users via such Services or Materials and accept all risks of unauthorized access to such information by the Authorized Users.

PERMITTED USE OF MATERIALS

1. Anyone who is doing personal, noncommercial research may view, print, and temporarily store Materials from the Site, provided that PDA's copyright notices are not removed and that the reuse of Materials does not conflict with any of the prohibited uses below.
2. Others may view, print, and temporarily store Materials from the Site for internal use only provided: (i) 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, (ii) PDA's copyright notices are not removed, and (iii) the reuse of Materials does not conflict with any of the prohibited uses below.

PROHIBITED USES OF MATERIALS

1. 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 Site without prior written permission from PDA.
2. User agrees that Materials may not be sold to third parties without prior written authorization from PDA.
3. 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 terminate User's account for any of the following reasons: (a) breach of the Terms of Use, (b) requests by law enforcement and other government agencies, (c) User's request, (d) unexpected technical problems, and (e) extended periods of inactivity.  PDA may, at its own discretion, pursue all legal remedies available to it for any breach of the Terms of Use by User or any other rights infringed by User's action.  In addition, PDA may block, restrict, disable, suspend or terminate User's 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 User.

USER SUBMISSIONS

In some areas of the Site you may be given the opportunity to post information, documents, pictures, files, and other similar content, such postings are considered "User Submissions" subject to these Terms of Use.

You retain any copyright and any other rights you already hold in User Submissions which you create, submit, post or display on or through, the Site, Services or Materials. By creating, submitting, posting or displaying such User Submissions, you give PDA a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Submissions on or through the Site, Services or Materials. The foregoing license is for the sole purpose of enabling PDA to provide or improve the Site, Services or Materials, such as by (without limitation): (a) creating backup copies of User Submissions; (b) enabling file sharing; (c) transmitting User Submissions over various public networks; and (d) making changes as necessary to conform and adapt User Submissions to the technical requirements of connecting networks, devices or services.  You confirm and warrant to PDA that you have all the rights, power and authority necessary to grant the above license.

By submitting information to PDA, you represent and warrant that the submission is accurate to the best of your knowledge, not confidential, and not in violation of any contractual restrictions or other third-party rights. 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.  PDA is under no obligation to exercise control over any content you or others submit when using the Site.

You also agree not to post any copyrighted material without written permission of the copyright owner.  You further agree not to post any information you do not have the right to disclose, such as confidential information subject to employment non-disclosure agreements.  You also agree not to post any content that violates any intellectual property rights of a third-party, including copyright, trademark, trade secrets, and patents.  You further agree that PDA may, at its sole discretion, remove any User Submissions for any reason whatsoever, including upon request by anyone claiming that such User Submission violates intellectual property rights.

WAIVER OF LIABILITY

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

IN NO EVENT SHALL PDA OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE 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 THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. PDA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
THE SITE 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 SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE 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 also acknowledge and agree that PDA is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.  You further acknowledge that when accessing such Linked Sites, you may be subject to the Linked Sites' terms of use and other policies, which are in no way related to PDA.

LINKING ON THE SITE AND FRAMING

You agree not to establish a link to the Site on another website without the prior written authorization of PDA.  If you establish a link from any other website to the Site, you agree to immediately deactivate the link upon receiving notice of objection to the link from PDA.  You further agree not to "frame" or otherwise simulate the appearance of any of the pages of the 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 Site or your breach of the Terms of Use. PDA shall provide notice to User promptly of 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 or posts.  The ability to post messages and other User Submissions is a benefit provided to you by PDA.  PDA may at its sole discretion and without notice remove, delete, or deny access to User Submissions.

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.

FOREIGN ACCESS

If User accesses the Site from outside the United States, User does so at User's own risk.  User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.

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.

SECURITY

Users are prohibited from violating or attempting to violate the security of the Site.  The Site has security measures in place to protect from loss, misuse, and alteration of the information under PDA's control.  Please see our Privacy Policy, which is incorporated herein by reference in its entirety, for further details concerning the Site's privacy practices.

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.

Copyright Policy

Copyright and Proprietary Rights

Copyright protects original works of authorship, including literary works, commercial and non-commercial works, pictorial and graphic works and other intellectual property. Works that are created and fixed in print, electronic, fax, CD-ROM, and other formats, including electronic mail, now known or developed hereafter are protected by copyright. Information received from or posted on the Internet is not free to be reproduced or transmitted to others without appropriate permission or without a license agreement from the author if your use is beyond a fair use a determined under the copyright laws of the United States (Title 17, U.S. Code). Copyright notices are not required by law, so if you do not see a copyright notice on any item, do not assume that it is free to use or transmit to others.
The entire contents of the pda.org website, including the text, graphics, images, logos, button icons, HTML code, and other "material" are copyrighted by PDA under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on this website. PDA grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to PDA. Permission to use pda.org content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to marketing@pda.org. Below are selected permitted and prohibited uses of PDA material that is posted at this website.

Name and Logo

User agrees not to use the name of PDA or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of PDA.

Digital Millennium Copyright Act (DMCA) Notice

If you believe that your work has been copied on or using our network or website in a manner that constitutes copyright infringement, you must provide our copyright agent, designated below, with the following information:

(a)    a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b)    a description of the copyrighted work that you allege has been infringed;
(c)    a description of the allegedly infringing material that is to be removed or disabled and the location of such material;
(d)    your contact information, including your address, telephone number, and email address;
(e)    a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and
(f)     a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.
Such notice should be sent to Richard Johnson, President:
(a)    by mail, Parenteral Drug Association, Bethesda Towers, 4350 East West Highway, Suite 150, Bethesda, MD 20814; or
(b)    by facsimile, to (301) 986-0296.
To ensure that your notice is not caught in our spam filter, please do not send your notice via email, unless you have made prior arrangements with us.

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