Welcome to PharmQD.com ("PharmQD.com" or the "Web Site"). On PharmQD.com, you (a "User") can create a personal profile (a "Profile"), post stories that you think will interest other readers ("Stories"), submit postings to different blogs ("Blog Postings") on issues of concern to professionals in the pharmacy industry, take continuing education courses ("CE Programs"), read and search job listings ("Job Postings") posted by companies in the pharmacy industry ("Employers"), and make your opinion known through surveys about issues of interest to pharmacy professionals.

1. Binding Agreement
   These terms of use ("TOU") constitute a legally binding agreement between you and Jobson Healthcare Information LLC ("JHI" or "we"), the company that owns and operates the Web Site. We may modify these TOU without notice to you, so you are advised to check the TOU.
2. Term; Breach
   These TOU will remain in full force and effect as long as you use the Web Site unless you breach these TOU. We have the right to investigate any allegations that you have violated these TOU that come to our attention and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, removing your Profile and any Stories or Blog Postings you may have posted and preventing you from accessing any Profiles, Job Postings, or other features of the Web Site.
3. Limitations on Use of the Web Site
   We operate the Web Site to provide a business and social network for pharmacists. It is a violation of these TOU for any User to use any information obtained through the Web Site (a) to harass, abuse, stalk, or otherwise harm another person; (b) to contact, advertise to, solicit, or sell to any User without that User’s express prior written consent or engage in any other commercial activity; or (c) for any other purpose other than engaging in business and social networking with other professionals in the pharmacy field.
4. Posting of User Content on the Web Site
   1. You are solely responsible for the contents of any Profile, Story, Blog Post, survey response or any other content that you publish or display ("post") on the Web Site ("User Content").
   2. Any Profile that you post must describe you, an individual pharmacy professional. Examples of inappropriate and prohibited Profiles include, but are not limited to, a Profile that purports to represent an animal, a place, an inanimate object, a fictional character, or a real individual that is not you.
   3. We have the right but not the obligation to review any User Content and remove it or take other action if we determine that it fails to comply with these rules or that it contains content that is not appropriate for posting on the Web Site ("Inappropriate User Content"). Inappropriate User Content includes material, or links to material, that:
      • Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
      • Harasses or advocates harassment of another person;
      • Involves the transmission of "junk", "chain letters," or unsolicited mass mailing or "spamming";
      • Is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
      • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • Exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18;
      • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
      • Facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
   4. By posting any User Content to the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to JHI an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the information and content in such User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
5. Copyright Protection Policy
   If you believe that User Content that you own has been posted on the Web Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: General Counsel, Jobson Healthcare Information LLC, 100 Avenue of the Americas, New York, New York 10013.
6. Ownership of Intellectual Property
   JHI and its subsidiaries own all proprietary rights in the Web Site and the Web Site. These rights include, without limitation, all trademark rights in the PharmQD, PharmQD.com, JHI, Jobson Healthcare Information^®, Postgraduate Healthcare Education, U.S. Pharmacist^®, and Power-Pak C.E.^® names and logos; all patent rights in the Web Site; and all copyrights and other rights in the content that we display or post on the site ("JHI Intellectual Property"). You may not copy, modify, publish, transmit, distribute, perform, display, or sell any JHI Intellectual Property except to the extent that you need to do so to use the Web Site. Each Employer owns its own trademarks and content in each of its Job Postings ("Employer Intellectual Property"). No User may copy, modify, publish, transmit, distribute, perform, display, or sell any Employer Intellectual Property except to the extent that you need to do so to use the Web Site.
7. Interaction and Disputes Between Users; Release
   You are solely responsible for your communication and interaction with any other User, including any Employer. Use your common sense. Make whatever investigation you feel is necessary or appropriate before you speak with or arrange to meet with any other User, including any Employer. If there is a dispute between you and any other User, JHI is under no obligation to become involved. You hereby release JHI, its subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Web Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
8. Representations and Warranties
   You represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU; all information in any User Content that you post will be accurate and complete; and you will not post any User Content that you do not have the legal right to post.
9. DISCLAIMER OF WARRANTIES
   PHARMQD.COM IS MADE AVAILABLE TO YOU "AS IS." JHI EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO (i) THE RELIABILITY, COMPLETENESS, OR ACCURACY OF ANY USER CONTENT ON THE WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OF ANY PROFILE, STORY, AND BLOG POSTING; (ii) THE RELIABILITY, COMPLETENESS, OR ACCURACY OF ANY NEWS ITEM ON THE WEB SITE; (iii) THE ABILITY OF ANY EMPLOYER TO OFFER ANY JOB THAT IS POSTED IN ANY JOB POSTING TO ANY USER OR THE ABILITY OF ANY USER TO PERFORM ANY JOB FOR WHICH SUCH USER APPLIES AFTER SEEING A JOB POSTING; (iv) ANY PRODUCTS OR WEB SITES THAT YOU PROCURE THROUGH THE “OPPORTUNITIES” PAGE OR ANY LINKS ON THE WEB SITE. JHI DOES NOT SCREEN THE USERS WHO POST PROFILES OR THE PROFILES THEMSELVES, AND JHI DOES NOT SCREEN THE EMPLOYERS WHO POST JOB POSTINGS ON THE WEB SITE. ANY RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK. JHI ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE WEB SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
10. Indemnity
    You will indemnify JHI and hold JHI, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees made by any third party (which means anyone other than you or JHI) due to or arising out of your use of the Web Site, including, without limitation, any claim arising from your breach of these TOU, your breach of your representations and warranties set forth above, your sharing of any personal information from the Web Site with any third party, and your posting of User Content that you do not have the right to post. This obligation will survive termination of this Agreement, which means that even if you stop using the Web Site, you will still be bound.
11. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES SHALL JHI OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF JHI OR SUCH SUBSIDIARY OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEB SITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEB SITE; YOUR INABILITY TO USE THE WEB SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY ANY USER WITH WHOM YOU COMMUNICATE OR CONSULT AS A RESULT OF SEEING A JOB POSTING OR A PROFILE ON THE WEB SITE; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
12. Governing Law, Jurisdiction, and Time Limit on Claims
    If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Manhattan, New York. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
13. Additional Terms
    Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.

These terms of use were last changed on May 15, 2009.