Terms of Use

Welcome. These Terms of Use between you and Pfizer Inc. (collectively with its affiliates, “Pfizer” or “we”) govern your use of Imedeen.com (“Site”).  By accessing or using the Site, you acknowledge that you have read and understood, and that you agree to be bound, without limitation or qualification, by these Terms of Use as well as our Privacy Policy which is incorporated herein by reference.  If you are not willing to be bound by these Terms of Use, you may not access the Site.

THIS SITE MAY CONTAIN INFORMATION RELATING TO VARIOUS MEDICAL CONDITIONS AND TREATMENTS.  SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.   THIS SITE AND ITS CONTENTS ARE NOT INTENDED TO DIAGNOSE, TREAT OR PREVENT ANY DISEASE OR HEALTH CONDITION AND ARE NOT MEANT TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.  USE OF THIS SITE DOES NOT CREATE AN EXPRESS OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP.

YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER PROFESSIONAL HEALTH CARE PROVIDER FOR MEDICAL ADVICE OR INFORMATION ABOUT DIAGNOSIS, TREATMENT OR PREVENTION PRIOR TO MAKING ANY DECISIONS, UNDERTAKING ANY ACTIONS OR CHOOSING NOT TO UNDERTAKE ANY ACTIONS RELATED TO ANY HEALTH CARE PROBLEM OR ISSUE YOU MIGHT HAVE.

EXCEPT WHERE REQUIRED BY LAW, NO STATEMENTS MADE HEREIN HAVE BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION.

  1. 1. Ownership and Use of the Site. We hope that you will browse the Site and find it useful.  All contents of the Site, its “look and feel” and design elements, trademarks, service marks, logos, text, graphics, audio, images, charts, audio clips, videos, data and compilations (the “Pfizer Content”) are the property of Pfizer, its affiliates, related companies or its licensors or partners unless otherwise noted, and are legally protected without limitation, under U.S. federal and state, as well as applicable foreign laws, regulations and treaties.  Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes “Pfizer Content.” Pfizer reserves the right to alter or delete material from the Site at any time.

    Pfizer grants you a limited, non-exclusive, non-transferable, non-assignable license to access and view the Site consistent with these Terms of Use and solely for your limited personal, non-commercial use. You may not distribute, modify, transmit, reuse, repost, publicly display, publicly perform, or create another work that incorporates any Pfizer Content without the express written permission of Pfizer.  You must retain, without modification, all proprietary notices affixed to or contained in the Site.  Except as otherwise expressly permitted by Pfizer, any other use of the Pfizer Content for any purpose is prohibited.

    BY ACCESSING, VIEWING OR USING THE SITE YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED USE OF PFIZER CONTENT BY YOU MAY VIOLATE COPYRIGHT, TRADEMARK, PRIVACY AND/OR PUBLICITY LAWS AS WELL AS COMMUNICATION REGULATIONS AND STATUTES. YOU AGREE THAT PFIZER WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF THE SITE.
     

  2. 2. Prohibited Site Access. Except as otherwise expressly permitted by Pfizer, any other use of the Pfizer Content or the Site is prohibited.  Without limiting the generality of the foregoing, you may not sell, republish, license, redistribute, or otherwise use the Site except as allowed herein unless you have obtained Pfizer’s express written consent.  In addition, without Pfizer’s express written consent, you may not, directly, indirectly, or through any program, device, software, routine, robot, spider, crawlers, or other automatic or manual process, interfere or attempt to interfere with the proper working of the Site; collect, scrape, or mine the contents of the Site; add any code or insert any hidden data or text to the Site; access or attempt to access any other areas of Pfizer information systems or information contained thereon for any purpose; take any action that imposes an unreasonable or disproportionately large load on Pfizer’s infrastructure; or mirror or redisplay this Site in its entirety or in part through framing or other techniques that show a portion of the Site or otherwise redisplay any Pfizer trademark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site.  Pfizer may, in its discretion, revoke all rights to access the Site.

    The site is protected under the criminal laws of the United States including but not limited to the Computer Fraud and Abuse Act, as codified in section 1030 of the United States criminal Code.  Intentionally accessing a computer without authorization or excess of authorized access in violation of that Act is a federal felony and can result in imprisonment, substantial fines and other criminal and civil penalties and damages.
     

  3. 3. Inappropriate Site Use. You are prohibited from using the Site in bad faith and in uploading, posting or otherwise transmitting any abusive, threatening, libelous, defamatory, offensive, objectionable, obscene, inflammatory, pornographic, fraudulent, deceptive, misleading, profane, or otherwise unlawful or inappropriate material, including but not limited to any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law, including the copyright, trademark or other intellectual property right of another.
     
  4. 4. Personal Use and Order Acceptance. Products and services made available via this Site are for your personal use only.   You may not sell or resell any products or services you purchase or otherwise receive from us.  We reserve the right in our sole discretion, with or without notice, to cancel any order or reduce the quantity of any item in your order if we believe such order violates these Terms of Use. In addition, we reserve the right at any time after receipt of your order to accept or decline it for any reason.  For example, in the event that a product is listed at an incorrect price, we reserve the right to refuse or cancel any such orders.
     
  5. 5. Customer Service Policies and Procedure. Please click here to view our customer service policies such as returns.
     
  6. 6. Accuracy of Information. This Site is designed to be as accurate as possible with respect to the information, descriptions and images provided relating to our products; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information, price or other content available on the Site are accurate, complete, reliable, or current.
     
  7. 7. No Endorsement of Linked Content. Certain links on the Site lead to resources located on servers that are not maintained by Pfizer or under its control. We provide such links for our users’ convenience. Pfizer is not responsible for the content of any such referenced web sites or for the availability of or access to such web sites. Inclusion on the Site of any link to another web site, or any reference to any product or service by trade name, trademark manufacturer, or otherwise, does not constitute or imply an endorsement or recommendation by Pfizer. Pfizer makes no warranties or representations of any kind as to the accuracy, currency or completeness of any information contained on such web sites. Access to other sites linked to this Site is at your own risk, and Pfizer disclaims all liability with regard to your access to such linked sites, or arising from the content or information contained therein.

    YOU AGREE THAT PFIZER WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY LINKED SITE.
     

  8. 8. Trademarks. The trademarks, logos, service marks and trade dress (collectively, the “Trademarks”) displayed on the Site, whether or not appearing in large print, italics or with the trademark symbol, are registered and unregistered trademarks of Pfizer, its affiliates, related companies or its licensors or partners unless otherwise noted. In addition, all page headers, custom graphics, button icons and scripts may be Trademarks of Pfizer and may not be copied, in whole or in part, without the prior written permission of Pfizer.  You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of Pfizer or the Trademark owner. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of Pfizer or the Trademark owner. Your misuse of the Trademarks on the Site and in its contents, except as provided in these Terms of Use, is prohibited.
     
  9. 9. Copyrights. Any and all Pfizer Content and other works of authorship on the Site (collectively, “Works”) are the copyrighted works of Pfizer, its affiliates, related companies, or its licensors or partners, and are protected under U.S. and other copyright laws and treaty provisions. Other than the limited license to access and view the Pfizer Content set forth in these Terms of Use, Pfizer grants you no other privileges or rights in any of the Works. You acknowledge that any other use of the Works, including without limitation, reproduction, modification, distribution, transmission, republication, public display, or public performance, without the prior written permission of Pfizer, is prohibited.  You agree not to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Site by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.  We take protection of copyrights, both of our own and others, very seriously.  If you believe that the Site contains elements that infringe copyright in your work, please follow the procedures outlined in Section 12 of these Terms of Use.
     
  10. 10. Privacy Policy. Pfizer respects your privacy. Please review our Privacy Policy so that you may understand the information we collect, our use of that information and the choices we offer you.
     
  11. 11. Registration. You may be able to create a user account or otherwise register with the Site.  If you choose to do so, you must provide us with accurate, current, and complete information, and you agree to be responsible for any conduct using your account and to maintain the security of any user name and password.  You may not create accounts, post or upload Submissions (defined below) on behalf of anyone other than yourself.
     
  12. 12. Submissions. If you are (i) at least 18 years of age and above the age of majority in the state in which you live, (ii) are an emancipated minor, or (iii) possess legal parental or guardian consent, you may choose to provide, make available to Pfizer, or post on or upload to the Site, audio, video, text, images, spoken statements, computer code or graphics and other works of authorship, suggestions, comments, ideas, inventions, discoveries, improvements, personal or other data, and other information (collectively, “Submissions”). Please note that if you are under 13, you are not permitted to provide any personal information to this Site including but not limited to Submissions.

    If you provide Submissions, you grant to Pfizer and Pfizer’s affiliates, representatives, employees, and assigns an irrevocable, perpetual, sublicensable (through multiple tiers), royalty-free, worldwide, non-exclusive license to reproduce, distribute, transmit, prepare derivative works of, publicly perform, publicly display, make, use, offer to sell, sell, import, and otherwise practice and exploit your Submissions, in whole or in part, (including your name, likeness, age and gender) in any media now or hereafter known in any manner and for any purpose, including but not limited to, publication on the Site and any associated print or digital promotional materials related thereto, any other marketing and promotional materials and for the development of products or services.

    The license above gives Pfizer and its affiliates, representatives, employees, and assigns the freedom to use your Submissions, for any purpose whatsoever, without time or territorial limitations, without your consent or compensation to you, including but not limited to, developing, manufacturing and marketing products, and you will gain no right, title or interest (including no joint ownership in the Site or any other materials) by virtue of Pfizer’s doing so.  As a further condition of providing Submissions, you (and any other individual depicted therein) unconditionally and irrevocably waive all claims to compensation for use of the Submissions by Pfizer and its affiliates, representatives, employees, or assigns and/or any right with respect to such use you may have under intellectual property law, the right of publicity, the right of privacy, the law of defamation and/or any other common law or statutory claims under the laws of any jurisdiction.  You hereby waive any moral rights you may have in the Submissions, for all uses of the Submissions, throughout the world.

    You agree that you are solely responsible for all your communications, materials and suggestions you transmit to, or post on, the Site.  You should only submit what you have the right to submit.  By providing a Submission, you represent and warrant that: (a) you are above the age of majority in the state in which you live, an emancipated minor, or possess legal parental or guardian consent; (b) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions (including rights from all persons who contributed to or appeared in your Submission) to enable you to grant to Pfizer the rights in your Submissions described herein; (c) your Submissions do not infringe the intellectual property rights, privacy or publicity rights, or any other legal or moral rights of any third party; (d) your Submissions are lawful; (e) your Submissions are not harmful, such as virus, malware, or spam; (f) your Submissions are not disparaging, defamatory, or libelous of Pfizer or any third party; (g) you will not seek the return of your Submissions; and (h) you will not assert any claims against Pfizer or its affiliates, representatives, employees, or assigns in connection with your Submissions.

    Before you submit your first Submission, you will be asked to provide some brief contact information.  In order to fulfill Pfizer’s commitment to patient safety, should any of your submissions mention a side effect with a prescription drug, Pfizer may be required to contact you for additional information. You may contact Pfizer to report an adverse event related to Pfizer products by calling 1-800-438-1985 (US only). Or if you prefer, you may contact FDA directly: please visit www.fda.gov/medwatch, or call 1-800-FDA-1088.

    Please note that Pfizer operates in a highly-regulated industry and will not publish any submission that mentions or implies any pharmaceutical product.
     

  13. 13. Non-Confidential Nature of Submissions. Subject to any applicable terms and conditions set forth in our Privacy Policy or elsewhere on the Site (for example, in terms and conditions that apply to any Submission), your Submissions are and will be deemed to be non-confidential and Pfizer shall have no obligation of any kind with respect to such information.

    Pfizer reserves the right to cooperate fully with any law enforcement authorities requesting or directing Pfizer to disclose the identity of anyone posting an upload or other information or materials.

    PLEASE DO NOT INCLUDE MEDICAL, HEALTH, OR OTHER INFORMATION IN SUBMISSIONS THAT YOU CONSIDER SENSITIVE OR PRIVATE AND DO NOT WISH TO SHARE WITH PFIZER AND THE GENERAL PUBLIC.
     

  14. 14. Monitoring of the Site. Pfizer may, from time to time, monitor, review, block or remove Submissions; however, Pfizer is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any Submissions.  Users shall be solely responsible and liable for any Submissions, any activity or transactions that occur under their name or account, and any infringement of copyright, trademarks, or other rights.  Pfizer is not required to host, display, or distribute any Submissions, and may, in its sole discretion, remove at any time or refuse any Submissions for any reason.  Pfizer is not responsible for any loss, theft or damage of any kind to any Submissions.
     
  15. 15. Forward-Looking Statements. This Site may contain forward-looking statements about Pfizer’s financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties.  Such risks and uncertainties include, among other things, the uncertainties inherent in pharmaceutical research and development; decisions by regulatory authorities regarding whether and when to approve drug applications and supplemental drug applications as well as their decisions regarding labeling and other matters that could affect the availability or commercial potential of Pfizer products; competitive developments; the ability to successfully market both new and existing products; challenges to the validity and enforcement of Pfizer’s patents; trends toward managed care and health care cost containment; governmental laws and regulations affecting health care, including without limitation regarding pharmaceutical product access, pricing and reimbursement; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations.  A further list and description of these and other risks, uncertainties and other matters can be found in Pfizer’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available at www.sec.gov. Such risks and uncertainties that might cause actual results to differ from those foreseen, including those risks which are detailed in Pfizer’s reports filed with the U.S. Securities and Exchange Commission. Pfizer assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
     
  16. 16. Site May Not Always Be Available or Accessible. Pfizer does not guarantee that the Site will be operating at any given time.  You should expect that the Site will periodically be taken off-line for maintenance, content and design updates, and other alterations that may make it unavailable.  Pfizer does not represent or warrant that the Site is compatible with your hardware or software applications or browsers.
     
  17. 17. LIMITATIONS ON LIABILITY. Your use of the Site is at your own risk. Pfizer uses reasonable efforts to include accurate and up to date information in the Site; however, since information changes so quickly, Pfizer is unable to make any warranties or representations as to its accuracy.

    PFIZER ASSUMES NO LIABILITY OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY, VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS OF ANY INFORMATION ON THE SITE.

    In no event shall Pfizer or any other party involved in creating, producing or delivering the Site be liable FOR ANYTHING arising out of your access to, use of or inability to access or use, the Site INCLUDING BUT NOT LIMITED TO any damages, including, without limitation, direct, incidental, consequential, indirect, special or punitive damages, or damages resulting from lost profits, lost data or business interruption.

    In no event shall pfizer’s maximum aggregate liability for ANY action arising out of or connected to the site OR ANY PRODUCT exceed ONE HUNDRED dollars ($100.00).

    These limitations include but are not limited damages to or viruses that may infect your computer equipment. Pfizer does not guarantee or warrant that files that may be available for download from this Site will be free of infection from viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.

    Without limiting the foregoing, everything on the Site, INCLUDING ANY PRODUCT MADE AVAILABLE TO YOU, is provided to you ‘AS IS’ without REPRESENTATIONS, warranties, OR COVENANTS of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement of the Site’s contents.
     
    Any claim and action arising out of or in any way connected with this site must be brought within one (1) year after such cause of action arose.

    You acknowledge and agree that by using the internet to use the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet access, depending upon your contract or plan with your provider.  You acknowledge that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider or other method of internet access.

    YOU HEREBY ACKNOWLEDGE THIS SECTION 18 SHALL APPLY TO ALL CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER ITEMS, AND SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
     

  18. 18. Void Where Prohibited. Use of any portion of this Site is void where prohibited by law.  Although the information on this Site is accessible worldwide, not all products or services discussed in this Site are available to all persons or in all geographic locations or jurisdictions. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.  Pfizer reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide.  You may not access this Site if you a national or resident of any country to which the United States has embargoed goods, or if you or your affiliates are on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.  Any offer for any product or service made in the materials on this Site is void where prohibited.
     
  19. 19. Indemnification. You should use this Site only if it legal for you to do so.  By using this Site, you represent to us that you intend to do lawfully.  You agree to indemnify, defend and hold harmless Pfizer, its officers, directors, employees, agents, suppliers, service providers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any illegal use of this Site, any breach of your representations and warranties, or any violation by you of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
     
  20. 20. Our Agreement and Modifications of It. These Terms of Use, together with our Privacy Policy and any Site specific terms or conditions (for example, terms and conditions that apply to any Submission), constitute the entire agreement between you and Pfizer regarding this Site and supersede any and all other agreements, representations and understandings, whether written or oral.  These Terms of Use may not be modified or amended by you without the prior written consent of Pfizer.  Pfizer may modify or amend these Terms of Use and the Privacy Policy at any time without notice to you. You should regularly review these Terms of Use for any modifications or amendments to these Terms of Use as your continued use of the Site after a modification or amendment signifies your assent and agreement to these Terms of Use, as amended. If any clause or provision set forth in these Terms of Use is determined to be illegal, invalid or unenforceable under present or future law, then you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable will be enforced to the extent permissible and shall be severable without affecting the enforceability of all remaining clauses or provisions, while still as fully as possible carrying out the intent of the original provision. Failure by Pfizer to prosecute any right with respect to a default hereunder will not constitute a waiver by Pfizer of the right to enforce rights with respect to the same or any other breach.
     
  21. 21. US Law Governs. These Terms of Use and your use of the Site and any information contained on the Site or products and services provided by the Site as well as personal information you may provide to us via the Site shall be governed by the laws and regulations of the United States of America and the State of New York without regard to its conflicts of laws principles. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United States.
     
  22. 22. Consent to Data Processing in the US and Other Countries. Pfizer is a global company and the databases in which your personal information shall be stored may be located in the United States and other countries which may not guarantee the same level of protection for personal information as the one in which you reside.  By using this Site, you consent to any transfer, processing or storing of personal information outside your country of residence.
     
  23. 23. Dispute Resolution. Any legal action or proceeding related to this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
     
  24. 24. Electronic Communications. To the extent permitted by applicable law, your use of the Site constitutes your consent to receive all communications from us, including notices, agreements, legally required disclosures or other information in connection with the Site or materials or services provided (collectively, “Notices”) electronically.  We will provide such electronic Notices by posting them on the Site or by e-mail.  You agree that all electronic Notices we provide to you in such a manner satisfy any legal requirements that such communications be in writing.  If you want to withdraw your consent to receive such Notices electronically, you must discontinue your use of the Site and notify us by calling us at 1- 800-870-7195 or writing to us at:

    PCH Product Information
    Pfizer Inc
    PO Box 1043
    Kings Mountain, NC 28086
     

  25. 25. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.  If you choose to withdraw your consent, your withdrawal shall terminate all rights granted to you pursuant to these Terms of Use.

    We respect your privacy. This consent to receive Notices is separate from your preferences with respect to marketing communications.  Please see our Privacy Policy for additional information about your choices.
     

  26. 26. Export. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

 

Last Modified:

These Terms of Use were last modified September 26, 2012.
 

Copyright © 2012 Pfizer Inc. All rights Reserved.

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