TERMS OF USE

This website, located at [www.Innovation.org] (the “Service”), is operated by the Pharmaceutical Research and Manufacturers of America (“PhRMA”, “we”, “our”, “us”). We launched this Service to share ideas and research, and provide the perspective of America’s biopharmaceutical companies.

These Terms of Use govern your access to and use of the Service. By visiting, you agree to be bound by these Terms of Use, so please review them carefully. These Terms apply to all visitors, users and others who wish to access or use the Service. We may occasionally revise the Terms of Use, so please check back frequently by clicking on the “Terms of Use” link on the Service websites. Continuing use of the Service constitutes your acceptance to these changes. You will know whether the Terms of Use have changed by checking the Last Updated date above.

1. What’s Not Allowed: By using the Services, you agree not to:

Harvest or otherwise collect information using the Services;
Take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service other than the search engine and search agents available on the Service and other than generally available third-party web browsers;
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising in or in any way making up a part of the Service;
or Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Service.

You further agree not to violate or attempt to violate the security of the Service, including, without limitation:

Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to, or overloading, flooding, spamming, mailbombing or crashing, the Service;
or Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. PhRMA and its affiliates may investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

2. Privacy: You acknowledge that our Privacy Policy (as may be updated form time to time) governs our collection and use of your information.

3. Intellectual Property: The Service and its original content, features and functionality are and will remain the exclusive property of PhRMA and its licensors. The Service is protected under the copyright, trademark, and other laws of the United States and other countries. All copyright rights in the Service are owned by PhRMA or its third-party licensors to the full extent permitted under the U.S. Copyright Act and all international copyright laws. Our trademarks may not be used in connection with any product or service without the prior written consent of PhRMA. To obtain written consent, please contact Jon Tripp (jtripp[at]phrma.org) and we will review your request. By using the Services, you agree not to copy, distribute, modify or make derivative works of any content of the Services without the prior written consent of PhRMA. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms of Use are reserved by PhRMA.

4. Links To Third-Party Websites: The Service may contain links to third-party websites that are not controlled or operated by PhRMA (“Linked Sites”). PhRMA does not endorse, sponsor, recommend, or otherwise accept responsibility for any of these Linked Sites. These Terms of Use does not apply to third party content. We encourage you to review the Terms of Use of these third-party websites or services.

5. Applicable and Governing Laws; Venue: As a condition of your access to and use of the Service, you represent and warrant that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. These Terms shall be governed and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of law provisions. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in the District of Columbia for all matters arising in connection with these Terms or your access or use of the Service.

6. Disclaimer of Warranties: THE SERVICE IS PROVIDED “AS IS.” PHRMA MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE. PHRMA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHRMA DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (D) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SERVICE OR OTHERWISE BY PHRMA, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY PHRMA OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

7. Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHRMA OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PHRMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PHRMA’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHRMA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND YOUR USE OF THE SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT, IN ANY EVENT, EXCEED FIFTY DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHRMA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Indemnification: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PHRMA, AND ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, AND MEMBERS FROM AND AGAINST ANY AND ALL LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE TERMS OF USE OR APPLICABLE LAW.

9. Termination: PhRMA may terminate this agreement for any reason at any time. PhRMA reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms of Use shall survive termination.

10. No Waiver: The failure of PhRMA to enforce any provisions of the Terms of Use or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

11. Questions: If you have any questions about these Terms, please contact Jon Tripp (jtripp[at]phrma.org) by email.