PM360, The Essential Resource for Pharma Marketers
Published by AMS Group, LLC
January 25, 2017
Welcome to PM360online.com, the website of PM360, The Full Spectrum of Product Management magazine, published by the AMS Group, LLC (“AMS Group”). As used in these Terms and Conditions, the term “website” refers to the site located at www.PM360online.com as well as online websites that include, but are not limited to, email newsletters, archives, our online content, and our planned online discussion forums. AMS Group does not control, and is not responsible for, any third-party site to which the website links.
AMS Group reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on our site. Your continued use of the website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by AMS Group as permitted above. Please review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should discontinue all use of the website.
The contents contained on the website are provided by AMS Group as a service to you for your noncommercial, personal use on an “as is, as available” basis and may be used by you for information purposes only. You acknowledge that you are using the website at your own risk. AMS Group assumes no responsibility for error or omissions in these contents. AMS Group makes no commitment to update the information contained herein. AMS Group makes no, and expressly disclaims any and all, representations or warranties, expressed or implied, regarding the AMS Group website, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the website, or that the website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by AMS Group or any other party on the website shall create any warranty or liability.
AMS Group does not warrant or make any representations regarding the use or the results of the use of the contents at the website in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall AMS Group or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits arising from or in connection with your use, reliance on, or performance of the information on the website.
All content published on the website are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either AMS Group or, in the case of content licensed by AMS Group from third parties, the entity that is credited as the copyright holder of such licensed content. You may download freely accessible content from this website for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such content, and other such use as permitted by the United States Copyright Act, Sections 107 through 122, as amended in 1976.
You may post on the website only content owned by you, content for which you have received express permission from the owner and content in the public domain (the “Content”). You assume all risk and responsibility for determining whether any content is in the public domain. If you upload, post, or otherwise transmit content to the website, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by AMS Group in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you.
You agree to indemnify AMS Group and its subsidiaries, affiliates, and their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your submissions, from your unauthorized use of material obtained from the website, from your breach of these Terms and Conditions, and from any such acts arising through your use of the website.
In the event you believe that any content posted on the website infringes your copyright or other intellectual-property rights, you may notify AMS Group by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to AMS Group’s Copyright Department:
Attention: Copyright Department
AMS Group, LLC
72-11 Austin Street, # 296
Forest Hills, NY 11375
AMS Group, through its forums and feedback features, provides users an opportunity to post content to the website. AMS Group does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another’s copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a AMS Group forum, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not AMS Group, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the website. AMS Group does not and cannot review the content posted by users and is not responsible for such content. AMS Group reserves the right, but has no obligation, to monitor disputes between you and other website members. You are solely responsible for your interactions with other website members. However, AMS Group shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by AMS Group in its sole discretion and without notice.
AMS Group is committed to providing visitors to its site with as many features as possible. The companies that AMS Group may select as featured services providers will offer products and services that site visitors may find useful. AMS Group in certain cases may have a business relationship with certain third parties that it selects as a featured service provider. AMS Group is not responsible for the accuracy or reliability of any advice or information given, or of any statement made, by the companies providing featured services, or for the content, services, products, or advertising on or available from their websites, or for the availability and operations of their websites.
You agree that any claim, action, or proceeding arising out of these Terms and Conditions or your use of the website shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, you agree to submit to the personal jurisdiction of such courts.
AMS Group reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the website, including the discussion areas, at any time for any reason without prior notice or liability. Conversely, you may terminate your membership of the website at any time, for any reason, by emailing AMS Group at circulation@PM360online.com. Once your membership terminates, you will have no right to use the website features which require membership. The terms of this Agreement shall survive any termination of your membership. AMS Group may change, suspend, or discontinue all or any aspect of the website at any time, including the availability of any feature, database, or content (including the discussion areas), without prior notice or liability.
Warranty Disclaimer and Liability Limitations
The AMS Group, its associated third-party content providers, and their agents do not warrant that the website, the content, or the results to be obtained from use of the website or the content, will be uninterrupted or error free. Some website pages include links to external Internet websites; these links are included to give our users the opportunity to access other information which it is believed may be of value to our users. Except for AMS Group owned links, AMS Group is not responsible for the content of external Internet websites. Furthermore, the website and content are distributed on an “as is, as available” basis, with no warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the website, any content or any products or websites sold through the website. Neither the AMS Group nor any third party content provider warrants that any files available for downloading through the website will be free of computer viruses or similar contamination or destructive features. Great efforts have been taken to ensure that the website pages are virus-free; nevertheless, AMS Group gives no warranties that they are indeed free of viruses and users are responsible for the provision of their own adequate security and anti-virus software. AMS GROUP excludes, in so far as it is legally responsible, all liability and responsibility for any computer code, viruses, programs, or files downloaded, transmitted with or as part of the website pages, designed to interrupt, restrict, destroy, compromise, or otherwise limit the functionality of any computer software, hardware, or other equipment.
You unambiguously agree that in using the website, the websites of our third-party content or product providers, or their agents, you assume sole responsibility for all risk possibly associated with, or resulting from, the website’s performance, accuracy, content completeness, and quality. You specifically acknowledge that AMS Group is not responsible or liable for any unauthorized access to or alteration of your content, data or other transmissions entered into through the website or for any threatening, defamatory, obscene, offensive or illegal content or for conduct of any other party or for any infringement of another’s rights. You agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Please note that a small number of people may experience epileptic seizures when exposed to certain computer display light patterns, such as one may encounter when viewing a website. Please consult your physician prior to using the website if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements, or convulsions) and discontinue use of the website immediately thereupon.
Children’s Online Privacy Protection Act
AMS Group does not knowingly collect personally identifiable information from children under 13. No one under the age of 13 should provide any personal information. Online registration and website usage is restricted to adults who are professionally engaged in the businesses we serve. In the event that we learn that we have collected information from a child under the age of 13 without verification of parental consent, we will delete this information from our database as quickly as possible. If you believe the website has any information about anyone under 13, please contact us at webmaster@PM360online.com.
Not all states allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of the AMS Group, its third party content providers, and their respective agents shall be limited to the greatest extent permitted by law.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (1) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties; (2) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby; and (3) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances
AMS Group has a firm commitment to provide you with full disclosure of our information collection practices and uses of such information.
AMS Group may collect personally identifiable information such as a name, job title, company, postal address, email address, telephone and fax numbers, and credit card information (if applicable) with your specific knowledge and consent, during the course or as a result of information collected via your communications with AMS Group by email, completing online forms, surveys, contest entries, posting comments to our website, or subscribing to PM360 magazine. In general, you may visit the website without revealing any personal information or otherwise identifying yourself.
Our website collects and aggregates standard tracking data from all website users to evaluate site traffic and usage patterns. We use this information to personalize the website for you and to evaluate products and services which we may offer.
You have the option of accessing, correcting, updating and modifying your personal, financial, or member profile information at any time. Please contact us at webmaster@PM360online.com in order to delete your member information.
How Does the Website Use Information Supplied by Me? Occasionally, visitors to our website may be asked to supply certain personally identifying information, which is then retained by AMS Group. For example, we ask you for certain information if you choose to subscribe to our magazine, register as a member with PM360online.com or one of our coming online discussion forums, or purchase either article reprints or customized article reprints from either our current or archived issues or other content. If you choose to give us personally identifying information at such time, such information will be retained by us and used to provide you with products or services you have requested, with additional information from AMS Group about PM360 magazine, and may be shared with its affiliates, or selected outside companies whose products or services we feel may be of use to you.
If, at some point after giving AMS Group your personally identifying information, you do not wish to continue to receive additional information from AMS Group about AMS Group, its affiliates, or selected outside companies, you may opt out by emailing webmaster@PM360online.com and put the words “remove my name” in the subject line of your email; if you provide identifying information to subscribe to our magazine, either online or offline, please read the policy pertaining to “Magazine Subscribers” below.
Federal CAN-SPAM Act of 2003 Compliance
We may need to provide customer opt-out lists to other companies in order to suppress them from our mailings and thereby comply with the Federal CAN-SPAM Act of 2003. In addition, if you unsubscribe from a mailing we send to our own list on behalf of a third party, your removal instruction may also be supplied to the third party and added to their own suppression file. If you continue receiving email after opting out, please contact us at webmaster@PM360online.com.
“Cookies” are pieces of information that are placed by a website in a storage place on your computer. Cookies do not contain information that is, in itself, personally identifying. Cookies are placed on your computer in a limited way to help deliver advertisements, to calculate unique site visitors, and to track usage throughout our site. Other uses include placement of cookies to make the login process more convenient for website and online discussion forum members. In addition, some advertisers may place cookies on your computer. We do not have control over cookies placed by advertisers. AMS Group also uses permanent or persistent cookies that remain on a visitor’s computer after the visitor leaves our website. If you do not want your browser to accept cookies, you can turn off the cookie acceptance option in the browser’s settings. However, disabling the cookie support function of the browser will prevent our website from functioning properly and you may not be able to utilize fully all of the site’s features and information.
Security and Encryption
This website takes commercially reasonable precautions to protect your information. When appropriate, we use SSL encryption technology on our website and a secure server to encrypt information transmitted between your browsers and our server. This website also uses password encryption. As a result, data you submit to our website such as personal credit card and payment information is transmitted using commercially reasonable security over the Internet.
From time to time, third parties interested in contacting our magazine’s subscribers approach PM360, The Essential Resource for Pharma Marketers. Perhaps they are in a similar business or have a product to offer that would interest our subscribers. We may provide our mailing list of magazine subscribers to such third parties if we believe our subscribers would be interested in hearing from them. Many of our subscribers find this a valuable and timesaving service. If you subscribe to our magazine and want us to exclude your name from mailing lists provided to third parties, mail a letter to the address below, or email us at the address below with your request. Please specify that you would like your name removed from the mailing list, and include your full name and address or the address label from your magazine. Mail your request to:
Attention: Subscription Service Department
AMS Group, LLC / PM360 Magazine
72-11 Austin Street, # 296
Forest Hills, NY 11375
Or send an E-mail to customerservice@PM360online.com. Please allow six to eight weeks for your request to take effect.
Notification of Changes