Terms of Use

1. Agreement. PMS Central ("PMS Central") operates PMSCentral.com, an Internet-based on-line information and communication service, located at www.pmscentral.com, content, information, and data (collectively the "Content") available therein (together the "Site") and provides users with access to the Site subject to these terms and conditions (the "Agreement"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.

By accessing, using or downloading any Content from this Site, you acknowledge your agreement to be bound by this Agreement. If you do not agree to be bound by this Agreement, please do not access or download Content from this Site. We reserve the right to update or modify this Agreement at any time, and without prior notice to you. Your use of the Site following such modification or update constitutes your acceptance to be bound by the Agreement as changed or modified. We encourage you to read through and review the Agreement each time you access the Site.

2. Health Information Disclaimer. The Content on this Site is presented in a summary fashion, and is intended to be used for educational and entertainment purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTH CARE PROVIDER LINKED TO OR ADVERTISED ON THIS SITE. PMS Central and its Third Party Providers do not endorse any product or service advertised on the Site. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. You exercise your own judgment when purchasing any product or selecting a physician through this Site and/or any Third Party Site and we disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on this Site and/or any Third Party Site. We strongly urge you to visit with a physician or health professional if you suspect you are ill. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read in the Content.

CHILDREN'S PRIVACY.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT.

PMS Central authorizes you to view or download a single copy of the material on the PMS Central Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright (c) 2006, PMS Central. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the PMS Central Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with PMS Central or its licensors. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of PMS Central. All rights not expressly granted herein are reserved to PMS Central and its licensors.

If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF PMS CENTRAL AND ITS LICENSORS.

The use of the PMS Central Site and the Content is at your own risk.

When using the PMS Central Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of PMS Central and its suppliers. Accordingly, PMS Central assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the PMS Central Site.

The PMS Central Site and the content are provided on an "as is" basis. PMS CENTRAL, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PMS Central, its licensors, and its suppliers make no representations or warranties about the following:

1. The accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the PMS Central Site or PMS Central.

2. 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 PMS Central Site.

In no event shall PMS Central, its licensors, its suppliers, or any third parties mentioned on the PMS Central Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the PMS Central Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PMS Central, its licensors, its suppliers, or any third parties mentioned on the PMS Central Site are advised of the possibility of such damages. PMS Central, its licensors, its suppliers, or any third parties mentioned on the PMS Central Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $750. PMS Central, its licensors, its suppliers, or any third parties mentioned on the PMS Central Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

SUBMISSIONS BY USERS

The personal information you submit to PMS Central is governed by the PMS Central Privacy Policy. To the extent there is an inconsistency between this Agreement and the PMS Central Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards, Ask Dr. PMS postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to PMS Central by email, (including through the email addresses listed on the "Contact Us" link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to PMS Central by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to PMS Central by email, you automatically grant?or warrant that the owner of such content or intellectual property has expressly granted?PMS Central a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. PMS Central may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to PMS Central by email. We try to answer every email in a timely manner, but are not always able to do so.

PASSWORDS

PMS Central has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your PMS Central passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your PMS Central account and password; (3) promptly inform PMS Central of any need to deactivate a password. You grant PMS Central 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. PMS Central cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using PMS Central tools and services.

PMS CENTRAL SERVICES

If you choose to subscribe to one of PMS Central's subscription services, such as the PMS Alert (collectively, the "Subscription Services"), the following additional terms of Use will apply depending on which service you choose. You should be aware that the PMS Central Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.

INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.

SEARCHES, ADVERTISEMENTS AND LINKS TO OTHER SITES.

PMS Central may provide links to third-party web sites. PMS Central also may select certain sites as priority responses to search terms you enter and PMS Central may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. PMS Central does not recommend and does not endorse the content on any third-party websites. PMS Central is not responsible for the content of linked third-party sites, sites framed within the PMS Central 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 of Use of use for such sites. PMS Central does not endorse any product advertised on the PMS Central Site.

INDEMNITY.

You agree to defend, indemnify, and hold PMS Central, its partners, 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 these Terms of Use.

GENERAL.

PMS Central is based in Del Mar, California, in the United States. PMS Central makes no claims that PMS Central 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 the PMS Central Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with PMS Central, or in any way relating to your use of the PMS Central Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving PMS Central or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms of Use are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms of Use 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 these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

COPYRIGHT PROCEDURES AND COPYRIGHT AGENT:

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting PMS Central's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

PMS Central's agent for copyright issues relating to this web site is as follows:

PMS Central
Attn: Copyright Dept.
P.O. Box 429
Del Mar, California 92014
Email

In an effort to protect the rights of copyright owners, PMS Central maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the PMS Central Site, these Terms of Use and the PMS Central Privacy Policy and Agreement constitute the entire agreement between you and PMS Central with respect to the use of the PMS Central Site, and Content.

© PMS Central Inc. All rights reserved.