Terms of Use
TERMS OF USE
Last revised: August 23, 2012
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By using the Web Site, you are agreeing to comply with and be legally bound by these Terms of Use concerning access to and use of the Web Site and Content provided on the Web Site and our Privacy Policy.
Welcome to the Black Swan Analysis Limited Web site (http://www.rxpriceindex.com) (the “Web Site”). The Web site is operated by Black Swan Analysis Limited (“Black Swan Analysis”,“we”, “us” or “our”). The Web Site provides you with access to reports, graphics, images, documents, materials, information, products and services (the“Content”). Some areas of the Web Site may have additional terms of use posted. If there is a conflict between the Terms of Use and the terms of use posted for a specific area of the Web Site, the latter shall control your use of that area of the Web Site.
If you are accessing this Web Site as a paid customer or subscriber of our products or services, then your use of such products or services will also be governed by your specific agreement(s) with us for such products or services (the “Product Agreements”). If the terms of any Product Agreement contradict these Terms of Use, then the Product Agreement will take precedence and govern your use of such products and services.
We may change these Terms of Use at any time without notice to you. Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Accordingly, you should read these Terms of Use from time to time for any changes.
1. Use of Web Site Content.
We grant you a non-exclusive, non-transferable, limited license to access and use the Content solely in accordance with these Terms of Use. Subject to these Terms of Use, you may view, download and print the Content solely for your personal, informational, non-commercial use. You agree not to reproduce, distribute, display, perform, transmit, modify, sell or otherwise make available any of the Content, in whole or in part, in any manner that is not authorized by us in writing. You will not remove or modify any copyright, trademark or other proprietary notices that we have placed in the Content.
2. Proprietary Rights.
You acknowledge that the Web Site and the Content are the property of Black Swan Analysis Limited, its affiliates, or its licensors, and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms of Use or on the Web Site will be construed as granting you any right to use any trademarks, service marks and logos displayed on the Web Site. You agree not to use any name, trademark or logo of Black Swan Analysis Limited or any of its parents, affiliated or subsidiary companies, in any advertising or promotional materials, or to suggest any relationship between you and us, or in any manner that would infringe any of our rights.
3. Restricted Areas, Passwords and Security.
Certain areas of the Web Site may be accessed and used only by clients to whom Black Swan Analysis Limited has issued passwords (“Restricted Areas”). You are not authorized to access or use Restricted Areas unless you have received a password from us, or from your employer in accordance with its license agreement with us. You may not share your password or access to the Web Site and you may not use another person’s password to access the Web Site.
If you are authorized to access and use a Restricted Area because you have received a password from us or from your employer in accordance with its agreement with us (an “Authorized User”), you are responsible for maintaining the confidentiality of your password. You agree that you will not share your password with any other person or entity. You are responsible for all activities that occur in connection with your password, and you agree to notify us immediately of any unauthorized use of your password or account. You agree not to reproduce, distribute, display, perform, transmit, create derivative works of, or otherwise make available, any content from Restricted Areas, in whole or in part, except as expressly allowed by the Terms of Use or by the express terms of the applicable contract between you or your employer and Black Swan Analysis Limited.
4. Unlawful and Other Prohibited Uses of the Web Site.
You agree not to use the Web Site for any purpose that violates any applicable law or that is prohibited by the Terms of Use or the terms of use posted for a specific area of the Web Site. You may not cause, or attempt to cause, damage to the Web Site, and you may not disable, overburden, impair or interfere with the operation of the Web Site or any of our computer systems or networks. You may not gain, or attempt to gain, unauthorized access to any Restricted Areas of the Web Site or to any of our computer systems or networks. You may not use any spider, robot, scraper, or other automated means to access or use the Web Site, the Content, or any computer system or network of Black Swan Analysis Limited or its parent or affiliates, without our prior written permission.
5. Copyright Complaints
Black Swan Analysis Limited respects the intellectual property rights of others, and we prohibit users of our Web Sites and services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights.
Content hosted on third party Web sites is the responsibility of those Web sites, and not of Black Swan Analysis Limited. If you are the copyright owner of Content hosted on a third party Web site, and you have not authorized the use of your Content, please contact the administrator of the hosting Web site directly to have the Content removed.
6. Termination of Use.
You agree that we may, in our sole discretion, terminate your access to the Web Site. We may monitor all access to and activity on the Web Site.
7. Disclaimer of Warranties. Except where expressly provided otherwise, the Web Site and Content are provided “AS IS.” We, to the fullest extent permitted by law, disclaim all warranties of any kind (express, implied or otherwise) regarding the Web Site and the Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not make any warranty about the accuracy, reliability, completeness, timeliness, or quality of the Web Site or the Content. We do not warrant that the Web Site will operate without error or interruption or that it is secure.
8. Limitations of Liability and Remedies.
(a) Your use of the Web Site and the Content is at your own discretion and risk. If you are dissatisfied with the Web Site or the Content, your exclusive remedy is to stop using the Web Site and the Content.
(b) In no event will we be liable to you for any direct, indirect, special, incidental, consequential, exemplary or other damages of any kind (including, without limitation, damages or costs resulting from loss of profits, revenue or business, or resulting from any error in the Content, or resulting from any decision made or action taken by you in reliance on the Content, or resulting from any unavailability of the Web Site, or resulting from harm to or loss of equipment, software or data, or resulting from any claim against you by a third party) arising out of or in connection with the Web Site or the Content, even if we are negligent or otherwise at fault, and regardless whether we are advised of the possibility of such damages.
(c) The foregoing exclusions and limitations of liability and remedies will apply, to the fullest extent permitted by law, in all actions of any kind, whether based on contract, tort, or any other legal or equitable theory. Each of these exclusions and limitations is intended to be separately enforceable, without regard to the other exclusions and limitations, and without regard to whether any other remedy under these Terms of Use fails of its essential purpose.
(d) Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of incidental or consequential damages, and in such jurisdictions, our liability shall be limited to the fullest extent permitted by law.
9. Indemnity. You agree to indemnify and hold harmless Black Swan Analysis Limited, its parent, affiliated and subsidiary companies, and its and their officers, directors, employees and agents, from and against all claims, actions, suits, damages, liabilities and costs (including, without limitation, reasonable legal fees) resulting from your breach of any provision of these Terms of Use or your use of or reliance on the Web Site or the Content.
10. Consumer Cancellation, Refund and Termination Rights. If you have not accessed the website through the client portal in any way then you may within seven days of the start of your contract with us request a full refund and termination of these Terms. However, once you have accessed the database or have begun downloading the information, then you may not cancel your contract and any fees paid will not be refunded. To cancel your contract, you must inform us in writing. This provision does not affect your other statutory rights as a consumer. You may at any time terminate your contract with us by giving us notice in writing, which will take effect at the end of the current billing period. Notices given less than seven days before the end of your current billing period will be deemed to take effect at the end of the next billing period. Termination of this contract however will not entitle you to a refund of any fees paid in advance and your service credits/availability are not transferrable to anyone else.
11. Links to Other Sites. The Web Site may contain links to third-party web sites maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the contents of any such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such sites. If you decide to access linked third-party web sites, you do so at your own risk.
12. Applicable Law and Jurisdiction. All matters arising from or relating to your access to and use of the Web Site, or these Terms of Use and the validity, construction and effect thereof, will be governed by the laws of the United Kingdom without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to these Terms of Use or your access to or use of the Web Site will be heard and resolved exclusively in the applicable courts of the United Kingdom. You hereby consent to the personal jurisdiction of such courts over you, and waive and agree not to assert any objection to proceedings in such courts (including lack of proper jurisdiction or venue or inconvenience of forum).
13. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, will be struck, and will not affect the validity or enforceability of the remaining provisions. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire agreement between you and us with respect to the subject matter hereof.
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