Effective August 11, 2011
PharmaWall (the "Product") and thepharmawall.com (the "Site") are owned and operated by Intouch Solutions, Inc ("Intouch Solutions," "Intouch," "us"). The following Terms of Service (the "Terms") serve as a binding agreement between you and us which govern your use of the Product, the Site and any related software or services. Please review the following Terms carefully.
All Site content, Products, and software offered by PharmaWall are owned by us. Site content, Products and software are protected by copyright and all applicable intellectual property laws and treaties. We reserve all rights not specifically granted to you and strictly forbid the copying, modification, or alteration of any kind of the Product or software.
You are granted a limited license (a) to access and use the Site and the Product strictly in accordance with this these Terms and any other instructions and guidelines posted on the Site; and (b) to use the Site and the Product solely for internal, personal, non-commercial purposes. PharmaWall reserves the right to terminate your license to use the Site and the Product at any time and for any reason or to charge for commercial usage in the future.
You are solely responsible for your use of PharmaWall. We claim no ownership, endorsement or liability for any content or materials submitted or moderated through the use of PharmaWall. Any views expressed in conjunction with the moderation of content through the Product do not reflect those of PharmaWall or Intouch Solutions, Inc. User-generated content does not represent the advice, views, opinions or beliefs of PharmaWall. PharmaWall makes no claim of accuracy of any user-generated material. PharmaWall allows for the submission of content to clients and their approved third-parties, whose content, business practices and privacy policies are not under the control of PharmaWall. PharmaWall is not responsible for the content of any linked website or any link contained in a linked website and the inclusion of a link on PharmaWall does not imply any endorsement or affiliation with PharmaWall. In accessing PharmaWall or following links to third-party website, you may be exposed to content you consider offensive or inappropriate. You agree that in such case your only recourse is to stop using PharmaWall.
PharmaWall is intended for use in the United States, Canada, and any other countries negotiated directly with our clients. Accessing the Product or the Site from territories where the service is illegal is prohibited.
It may be necessary for us to periodically make changes or updates to these Terms of Service. If any changes should occur, they will be posted to this website, along with the date that the changes are/were made effective. Your continued use of the Product and/or the Site constitutes your acceptance of the current Terms of Service.
PharmaWall, the Product, the Site, and related software and services are provided on an "as is" and "as available" basis without any warranties of any kind. To the maximum extent permitted by law, PharmaWall, its affiliates, officers, directors, agents, and employees, expressly disclaim all representations and warranties, whether express or implied, oral or written, including any warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment and system integration. PharmaWall, its affiliates, officers, directors, agents, and employees, make no warranties about the accuracy, reliability, completeness, quality or timeliness of the Site or Product, or that problems with the foregoing will be corrected, or that the Site is free of harmful components.
You understand and agree that you use PharmaWall at your own discretion and risk and that you are and will be solely responsible for any damages that may arise from such use. PharmaWall DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THEPHARMAWALL.COM OR THE PHARMAWALL PRODUCT, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THEPHARMAWALL.COM OR THE PHARMAWALL PRODUCT, (C) THE UNAVAILABILITY OF THEPHARMAWALL.COM OR THE PHARMAWALL PRODUCT OR ANY PORTION THEREOF, OR (D) A USER'S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THEPHARMAWALL.COM OR THE PHARMAWALL PRODUCT.
Under no circumstances shall PharmaWall be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary damages of any kind or any other damages, however arising (even if PharmaWall has been advised of the possibility of such damages), resulting from any aspect of your use of the PharmaWall Site or the Product, whether the damages arise from use or misuse of the PharmaWall Site or the Product, from inability to use the PharmaWall Site or the Product or the interruption, suspension, modification, alteration or termination of the PharmaWall Site or the Product. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the PharmaWall Site or the Product or any links on the PharmaWall Site or the Product, as well as by reason of any information or advice received through or advertised in connection with the PharmaWall Site or the Product or any links on the Site. These limitations shall apply to the fullest extent permitted by law. In those jurisdictions where limitations of liability are not permitted, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold PharmaWall, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including attorney fees and court costs, made by any third party due to or arising out of content or materials you submit, post or make available through the Product, your use of the Product, your violation of the Terms of Service, your breach of any of the representations and warranties herein or your violation of any rights of another.
The Terms of Service constitute the entire agreement between you (the user) and PharmaWall and govern your use of the Product, superseding any prior agreements between you and PharmaWall. Additional agreements are contracted directly between Intouch Solutions and our clients pertaining to the purchase, licensing, and maintenance of PharmaWall. The Terms of Service and the relationship between you and PharmaWall shall be governed by the laws of the State of Kansas without regard to its conflict of law provisions. You and PharmaWall agree to submit to the personal and exclusive jurisdiction of the courts located within Johnson County, Kansas. The failure of PharmaWall to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.