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Terms and Conditions for Advertisers BioPharma

This agreement governs the relation
- between the Advertiser, being the company, organization, person or any other legal institution which agrees to put any content on our site BioPharmaLink.com.
- and BioPharmaLink, services of Cofidei, Inc., hereinafter called BioPharmaLink.

Subject of this agreement:
Advertisement on this site, BioPharmaLink.com, by the means of putting any content on our site in order to be published, content being any information, graphics, data, text, links, computer code, regardless of being free or paid.
The Advertiser accepts the Terms and Conditions for Advertisers by marking the "I have read and accept the terms and conditions" button on the Web site order form or by returning a signed subscription letter.

Advertisers may print and keep a copy of this Agreement.

BioPharmaLink shall supply the Advertiser with the services for the period starting the day content provided by the advertiser will be published on our Web site, services as described on BioPharmaLink's then current Web site.
BioPharmaLink will use its reasonable endeavors to maintain the service.
BioPharmaLink may change, suspend or cancel the Service at any time, provided Advertisers be noticed of the change, suspension or cancellation within seven days notice.

Advertisers responsibility:
Advertisers are fully responsible for their contents including its truthfulness, accuracy and non-infringement of any other person's legal or proprietary rights, for any materials or work submitted for publication on our Web Site. The Advertiser will not allow our site to be used for storing, sending or receiving any material which is obscene, menacing, threatening, offensive, abusive, indecent, defamatory, fraudulent, criminal or which infringes the rights of any other parties.

It is the Advertiser's responsibility to retain copies of their own data. BioPharmaLink accepts no responsibility for the loss of any data in any form, which may result from inclusion on the Web Site or from the use of our services.

The Advertiser will indemnify BioPharmaLink from and against any and all liabilities, expenses (including any legal fees) and damages arising out of claims based upon submissions made by the Advertiser to BioPharmaLink for inclusion on the Web site and which are subsequently published by BioPharmaLink.

Any alteration made to the Terms and Conditions for Advertisers by BioPharmaLink shall be provided to Advertisers in writing or by e-mail and will be deemed to have taken effect fourteen days after posting or sending by e-mail.

Advertisers will keep their passwords and user name secure and will not disclose them to third parties for any purpose. Advertisers will change any password, which they believe may have become compromised and notify BioPharmaLink of such problem.

Advertisers shall not assign, or sublicense or otherwise transfer or dispose of their rights or obligations hereunder, without prior written consent by BioPharmaLink.

If any payment is required, all payments have to be made in advance.
BioPharmaLink reserves the right to suspend or close the services provided to the Advertiser in the event of non-payment on the due date without prior written notice to the Advertiser. In the event of non-payment the Advertiser will be responsible for all costs incurred by BioPharmaLink including without limitation any legal fees incurred.

BioPharmaLink will notify the Advertiser at least fourteen days before the end of the current Subscription Period of BioPharmaLink's current fee for renewal which fee will subsequently be confirmed in the invoice.

Copyright Notice to Advertisers:
The advertisers information, data, trademarks, corporate logos and graphics, which are supplied to BioPharmaLink for restricted use on the Web Site and associated publications, remain the property of their owners.

Nothing in this agreement is intended to or will create any form of partnership or joint venture, agency, franchise, sales representation or employment relationship between BioPharmaLink and the Advertiser.

Ensure that all Advertisers' employees and representatives are made aware of the above conditions and comply with them.

Warranties and Liabilities:
Advertiser will hold BioPharmaLink free of any and all actions against it as a consequence of data supplied by the Advertiser which is authorised for display on the Web Site, including all reasonable legal costs that BioPharmaLink will suffer or incur by reason of any claim or the defence of any claim relating to the person or company materials they have displayed on the Web Site. It is also acknowledged that BioPharmaLink makes no warranties, representations or conditions with regard to any of the contents whether expressed or implied arising by law or otherwise and which have been supplied by the Advertiser and there is no implied warranty of merchantability or fitness for a particular purpose.

BioPharmaLink shall be liable only to the extent of the fee payable by the Advertiser if it fails to deliver performance of the Service or for any other breach of the Agreement or fails to remedy any failure within 30 days of written notice from the Advertiser.

BioPharmaLink does not limit its liability to the Advertiser for death or personal injury caused by any of BioPharmaLink's acts or omissions or those of its employees or agents acting in the course of their employment.

Limitation to Damages:
Under no circumstances shall BioPharmaLink or any of its officers, directors, employees, subsidiaries, agents, parents, or affiliates be held liable for any indirect, incidental, special or consequential damages, even if BioPharmaLink has been advised of the possibility of damages, (including, without limitation, damages for losses whether of a personal, public, institutional or corporate nature, loss of any revenues or profits) arising in contract, to or otherwise from the use of or inability to use the Web Site, or any of the Contents, or from any action or decision taken as a result of using the Web Site or the Contents.

BioPharmaLink's liability for breach of this Agreement is limited to the amount actually paid (if any) by the Advertiser for use of the Services. BioPharmaLink is hereby released from any and all obligations, liabilities and claims in excess of this limitation.

Indemnification: Advertisers agree to indemnify BioPharmaLink from and against any and all liabilities, expenses (including any legal fees) and damages arising out of claims based upon submissions for inclusion in the Web Site that are subsequently published by BioPharmaLink on the Web Site, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other customers and infringement of intellectual property or other rights.

All provisions of this Clause limiting or excluding liability operate separately and shall survive independently of the other provisions.

BioPharmaLink reserves the right to decline, withdraw or terminate access to the Web Site without notice and in particular if BioPharmaLink suspect that any material stored or disseminated by the Advertiser may be in contravention of clauses in this Agreement. BioPharmaLink reserve the right at all times to inspect the material and if it is found to be in contravention of clauses from this agreement to remove the material from the Web Site and/or suspend part or all of the Services and/or terminate this Agreement immediately without any further obligation to the Advertiser.

In the event that the Advertiser is in breach of these Terms and Conditions and if capable of remedy fails to remedy them within thirty days of receipt of notice in writing or by e-mail from BioPharmaLink requiring them to do so, or then BioPharmaLink may immediately terminate the Service.

Also in case the Advertiser becomes insolvent and unable to pay its bankrupt or placed in the hands of a receiver or administrator or wound up (other than for a solvent reconstruction) then BioPharmaLink may immediately terminate the Service.

In case of termination the Advertiser will remain liable to pay BioPharmaLink all sums accrued due on or prior to the date of termination, the Advertiser will also continue to respect and uphold all confidentiality and copyright obligations and if requested by BioPharmaLink, return all materials belonging to BioPharmaLink, specifically certifying that they have done so

Force Majeure:
No party shall be held to be in breach of its obligations hereunder (except inrelation to the obligation to make payments) nor liable to the other for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, failure, flood, lightning, fire, strike, lock out, trade dispute act or omission of government regulatory authorities other total communications operators or other competent authority.

Any failure by any party to exercise or enforce any of its rights under this Agreement shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement of any such right.

This Agreement represents the entire understanding between us in relation to its subject matter and supersedes all other agreements or representations made by either of us whether oral or written.
If any provision of this Agreement is held to be invalid or unenforceable the validity or enforceability of the remaining provisions shall not be affected thereby.

The Advertiser shall also agree with all rules and regulations, as specified for users of this site, as well as agree with our privacy policy.
Notices and communication to BioPharmaLink should be sent for the attention of:
Sales Administrator BioPharmaLink
Cofidei, Inc.
30 Warrendaele Bayne Road, Suite 102
Warrendaele PA 15086

By regular or first class mail or by electronic mail: sales@BioPharmaLink.com

These Terms of Service will be governed by and construed in accordance with the laws of the State of Pennsylvania, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.


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Copyright© Cofidei, Inc. Last Modified 25 Jan 2001.

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