Use of the VMS BioMarketing, Inc. (“VMS”) website (www.vmsbiomarketing.com) (this “Site”) is governed by these Terms of Use and any other policies disclosed on this Site. Your use of this Site indicates your understanding and acceptance of these Terms of Use. VMS reserves the right to change these Terms of Use by posting revisions to this Site at any time. Your continued use of this Site indicates your agreement to any revised Terms of Use. Accordingly, we urge you to review the Terms of Use at the start of each use of this Site, and if you do not agree to the terms of this or any revised version, please exit this Site immediately.

Links

This Site may contain links to sites operated by third parties. The linked sites are not under our control, and we are not responsible for the contents of any linked site. Please review each linked site that you access through this Site, and, if you do not agree to be bound by the terms governing use of that site, we recommend that you immediately terminate your visit to that site. The fact that such links are available on this Site should not be construed as our endorsement of any linked site.

Copyright and trademark notice

This Site is owned and operated by VMS. Unless otherwise specified, all materials appearing on this Site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of VMS or used under license. You may use the content of this Site only for personal use, and no content may be reproduced, distributed, adapted, or otherwise used without the written permission of VMS or its licensors. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark or other applicable laws and could result in criminal or civil penalties.

User’s grant of limited license

By posting or submitting content to this Site, you grant VMS and our affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, and promote your content in any form, anywhere, and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content and that our public posting and use of your content will not infringe or violate the rights of any third party. VMS retains the right to monitor, remove, edit, or otherwise change without your permission your posting or other content submitted to this Site.

User representations and warranties

(A) You represent and warrant that you will not do any of the following: (1) upload or distribute on this Site any defamatory, obscene, harassing, violent, or otherwise objectionable material, or any material that is, or may be protected by third party intellectual property rights; (2) use this Site to violate the legal rights of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload or distribute on this Site any advertisements or solicitations of business; (6) restrict or inhibit others’ use of this Site; (7) upload or distribute files that contain a virus, Trojan horse, time bomb, cancelbot or otherwise corrupted data; (8) collect information about others without their consent; (9) post “spam,” chain letters or engage in other similar activities; or (10) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by VMS, exposes VMS or its users to any liability or detriment. B) Any content and/or opinions submitted to a publicly available section of this Site, and all responses to questions, other than such content provided by VMS, are solely the opinions of the person or entity submitting them and do not necessarily reflect the opinions of, and are not endorsed by VMS. (C) You agree to defend, indemnify and hold harmless VMS, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, programming professionals and others involved in the delivery of this Site or the delivery of services or information over this Site, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, arising from your use of this Site and any violation by you of these Terms of Use.

Limitation of liability

VMS does not assume any liability for the content, materials, information and opinions provided on, or available through, this Site. VMS disclaims any liability resulting from use of any content located on this Site. THIS SITE AND INFORMATION PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER VMS NOR ANY PERSON ASSOCIATED WITH VMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THIS SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER VMS NOR ANYONE ASSOCIATED WITH VMS REPRESENTS OR WARRANTS THAT THIS SITE OR THE INFORMATION PROVIDED ON THIS SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. VMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL VMS OR ITS AGENTS OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THIS SITE, ANY PORTION THEREOF OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THIS SITE OR THE CONTENT TRANSMITTED ON THIS SITE OR PERSONAL INJURY, WHETHER OR NOT THERE IS NEGLIGENCE BY VMS AND WHETHER OR NOT VMS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Miscellaneous

By choosing to access this Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. YOU AGREE THAT ANY LEGAL ACTION BROUGHT AGAINST VMS SHALL BE GOVERNED BY THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES. YOU AGREE THAT THE SOLE JURISDICTION AND VENUE FOR ANY LITIGATION ARISING FROM YOUR USE OF THIS SITE SHALL BE AN APPROPRIATE FEDERAL OR STATE COURT LOCATED IN THE STATE OF INDIANA. You agree to use this Site only for authorized and legal activities. VMS reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice, and for any reason whatsoever. Your use of this Site is also subject to the Online Privacy Policy Your use of this Site is also subject to the Online Privacy Policy.

Contact Us

If at any time you have any questions concerning this Site or these Terms of Use, please feel free to Contact VMS

BDDB01 5771695v1

Effective Date: September 8, 2009

Revised Date: October 1, 2019