1 General:
This is an agreement between ZoomRx Inc, a Delaware Corporation, (“Company”, “We”, “Us”) the owner and operator of
www.zoomrx.com &
www.zoomrxresearch.com (the “ZoomRx Site”), the ZoomRx iOS, Android, (the “ZoomRx Apps”), web browser extension Perxcept, collectively (including all content provided by ZoomRx Inc through ZoomRx Site and the ZoomRx Apps) referred to herein as the "ZoomRx Service", or the "Service", and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND ZOOMRX’S PRIVACY POLICY, WHICH CAN BE FOUND APPENDED, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
2 ZoomRx Service:
3 Termination:
If you breach any of the Terms of Use we have the right to suspend or disable your access to the Service.
Your use of the Service and your participation in Market Research is entirely voluntary. You have the right to terminate your use of the Service at will.
4 Confidential Information:
All information that you encounter in using the Service to participate in Market Research, including but not limited to actual and hypothetical information about existing, pipeline & new products, companies, disease areas & markets is Confidential Information.
You agree to keep all such information confidential. You agree not copy or reproduce in written, oral, printed, electronic or any other manner any part of such information. You agree not to disclose such information to other individuals or organizations in written, oral, printed, electronic or any other manner.
5 Limited Scope of Information:
Any and all Information that you encounter in participating in Market Research via the Service are of limited scope. Specifically,
No information that you encounter in using the Service is intended an endorsement of a product, service, company, organization, or other referenced entity.
No information encountered in using the Service is to be construed as or considered medical advice. NOTHING CONTAINED IN OR TRANSMITTED THROUGH THE SERVICE IS INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The information should not be considered complete, nor should it be relied on to suggest that certain products are more effective than others.
Information encountered in using the Service may contain references to products, services and programs that are only available to licensed physicians in accordance with applicable laws. This information is not to be considered accurate, complete or as being intended to inform you beyond the context and scope of the Market Research activity.
6 Intellectual Property Rights:
Except as expressly provided in these Terms, we exclusively own all right, title and interest in and to the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including in any Content.
7 Disclaimer of Warranties:
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. THE SERVICE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, (AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.
8 Limitation of Liability:
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR DATA SUBMISSIONS VIA THE SERVICE OR THE ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9 Indemnity:
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
10 Ability to Accept Terms of Service:
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
11 Assignment:
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
12 Honoraria:
For participating in Market Research by using the Service, you may be eligible to earn honoraria payments.
To be eligible for honoraria all of the following criteria must be met:
The Market Research study must have an associated honoraria.
You have to be a qualified participant for the Market Research study. The Service reserves the right to have a screener section to the survey where-in The Service will determine your qualification for the Market Research Study.
The Market Research data that you provide is true and correct to the best of your knowledge. The Service reserves the right to audit your responses to determine their validity and correctness prior to paying the associated honoraria.
By accepting these Terms of Service, you attest that accepting honoraria payments for Market Research is not against your State Laws. You also attest that you do not have in place agreements with employers, professional organizations and other entities that prevent you from accepting honoraria payments for participation in Market Research.
The Service will make honoraria payments primarily through electronic payments methods including but not limited to the PayPal Payment Service, owned and operated by eBay Inc.
13 Changes and updates to this Terms of Service:
These Terms of Service may be revised periodically and this will be reflected by the "effective date" above. Please revisit this page to stay aware of any changes. Your continued use of the Service constitutes your agreement to these Terms of Service and any amendments.