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Terms of Use

Introduction

Welcome to Cafepharma.com. By using cafepharma (including cafepharma.com and its related sites, services and tools), you agree to the following terms with Cafepharma, Inc. (a Georgia corporation), and the general principles for the websites of our subsidiaries and affiliates. This Agreement is effective on October 1, 2010 for current users, and upon acceptance, for new users.

Protect your personal information by never providing social security, credit card or bank account numbers to other parties.

Scope

Before you use this site, you must read and accept all of the terms in, and linked to, these Terms of Use and the Privacy Policy.

These terms constitute a binding agreement between you and Cafepharma, and are deemed accepted by you each time that you use or access any cafepharma site, or cafepharma service. If you do not accept the terms stated here, you are not authorized to use, and may not use, any cafepharma site or cafepharma service.

The cafepharma sites are defined as any web site under Cafepharma’s control, whether partial or otherwise (including, without limitation, the cafepharma sites and the web site from which these terms of use were accessed from). The cafepharma sites include a variety of features and services, including an on-line service to post and search employment opportunities. The cafepharma sites also include on-line communities designed to facilitate valuable professional and personal networking among users of the cafepharma sites based on common experiences and interests (“Cafepharma Communities”). The cafepharma sites also allow you to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.

Although you may use some of cafepharma sites and services anonymously (see further details in the Privacy Policy), all terms continue to apply to you and bind you, unless the terms expressly state that they do not apply to anonymous users.

You must be 13 years of age, or older, to visit or use any cafepharma site in any manner, and if under the age of 18 (or the age of majority as that is defined in your jurisdiction), you must use cafepharma sites under the supervision of a parent, legal guardian, or other responsible adult. If we become aware of use by someone under the age of 13 years of age, we will immediately delete any information they have provided (to the extent it was retained) regardless of its nature, or content.

Use

While using cafepharma sites, services and tools, you will not:

* violate any laws, third party rights or our policies; 

* use our sites, services or tools if you are temporarily or indefinitely suspended from using our sites, services or tools; 

* post false, inaccurate, misleading, defamatory, or libelous content (including your own personal information);

* post content in an inappropriate category or area; 

* take any action that may undermine any feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to cafepharma); 

* transfer your cafepharma account and user ID to another party without our consent;

* distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes; 

* distribute viruses or any other technologies that may harm cafepharma, or the interests or property of cafepharma users; 

* copy, modify or distribute rights or content from the cafepharma sites, service or tools or cafepharma's copyrights and trademarks; or 

* harvest or otherwise collect information about users, including email addresses, without their consent.

Abuse

Cafepharma and its users work together to keep our sites and services working properly and you safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep you off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue cafepharma sites, services or tools.

Cafepharma does not necessarily monitor any materials posted, transmitted, or communicated to or within any site. If you believe that something on any site violates these Terms please contact us.

If notified by a user of user content or other materials which allegedly do not conform to these Terms, Cafepharma may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the user content. Cafepharma has no liability or responsibility to you for performance or nonperformance of such activities.

Content

The cafepharma discussion boards were created to provide a place where members can connect with other users, provide information and personal opinions, give and receive guidance on a variety of topics, receive support, learn more about businesses, and publish content on our site. By following our community values, the entire community will continue to find the boards a helpful, educational, and enjoyable place to meet and converse. Courteous and respectful postings are expected from all participants.

Community content published or edited by cafepharma community members is solely the opinion and responsibility of the person posting the content. All content posted to the forums must comply with all aspects of cafepharma’s policies.

When you send us, or post, content of any kind, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Release and Liability

You expressly agree that your use of this site is at your sole risk.

Cafepharma does not warrant that ANY site will be continuous, uninterrupted or error-free. Nor is any warranty made as to the results that may be obtained from the use of ANY site.

THE MATERIALS IN AND FROM ANY SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. CAFEPHARMA DOES NOT WARRANT COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH ANY SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION WILL BE AT YOUR SOLE RISK.

THIS SITE, THE INFORMATION AND MATERIALS ON ANY SITE, AND THE MATERIALS MADE AVAILABLE ON ANY SITE, ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ANY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, CAFEPHARMA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

You will not hold cafepharma responsible for other users' content, actions or inactions. We cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You specifically agree and acknowledge that you release us even if you did not know about a claim, or suspect one existed, at the time of this release, or even if knowing about such a claim would have materially affected your waiver.

Access and Interference

You will not use any robot, spider, scraper or other automated means to access our sites for any purpose without our express handwritten permission.

Additionally, you will not:

take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; 


copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of cafepharma and the appropriate third party, as applicable; 


interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or 


bypass any measures we may use to prevent or restrict access to the sites.

Registration Information

When you register with any cafepharma site, you will be asked to create an account and provide Cafepharma with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Cafepharma's Privacy Policy.

Cafepharma may monitor your use of the products and services on this site and use such information for internal business purposes, or in accordance with the rules of any applicable regulatory or self-regulatory organization. Cafepharma makes no representation regarding the security of this site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this site. Cafepharma reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Cafepharma or by third parties. Again, please see Cafepharma's Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Cafepharma does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any cafepharma site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

As a convenience to you, Cafepharma may provide links on this site to websites operated by other persons and entities. If you use these other websites, you will leave this site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You should refer to the policies posted by other websites before using them. Cafepharma makes no warranty or representation regarding, and does not endorse any linked websites or the information appearing thereon or any of the products, services or offered investments described thereon. If you choose to purchase any product, service or investment from a third party, then your relationship is with that third party. You agree that Cafepharma is not responsible for the quality of third party products, services or investments and that Cafepharma will not be fulfilling any terms of your agreement with any third party. You agree that Cafepharma is not responsible for any loss or damage you may incur by reason of any dealing that you may have with a third party. Links do not imply that Cafepharma is associated with any other website.

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, all your account information from Cafepharma, including resumes, Profiles, cover letters, network contacts, saved jobs, questionnaires and email mailing lists will be marked as deleted in Cafepharma's databases and will be removed from any public area of the cafepharma sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Cafepharma’s web servers. In addition, third parties may retain cached copies of your Information.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the cafepharma Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see our Privacy Policy.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices will be served, in our case, on Cafepharma's registered agent (in the case of cafepharma), or in your case to the email address you provide to cafepharma during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, even if we are notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing. You are solely responsible for updating your email address and notice information, or you waive notice.

Legal Disputes

You and Cafepharma will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with the subsections below, or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Legal Disputes - This Agreement will be governed in all respects by the laws of the State of Georgia as they apply to agreements entered into and to be performed entirely within Georgia between Georgia residents, without regard to conflict of law provisions. Any claim or dispute between us must be resolved exclusively by a state or federal court located in Fulton County, Georgia. We will both submit to the jurisdiction of the courts located within Fulton County, Georgia for the purpose of litigating all such claims or disputes.


Improperly Filed Claims - All claims you bring against Cafepharma must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section will be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Cafepharma may recover attorneys' fees, and costs, provided that cafepharma has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

Use of Discussed Companies Information

No recommendations for any investment are made on any site: All material and information on sites are for informational purposes only. The material on this site is not to be construed as a recommendation, and you should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice, nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.

You will not to post any information in an attempt to influence the price of any publicly traded investment, or otherwise attempt to manipulate any market.

Job Posting and Resume Database

You may only use the job posting, resume database (“Cafepharma Resume Database”) and other features of the cafepharma sites for lawful purposes in seeking employment and career information, or as an employer seeking employees. You may only use Cafepharma Communities and Profiles for lawful purposes to network for personal or professional purposes with other individuals.

Cafepharma specifically prohibits any other use of the cafepharma sites, and you will not to do any of the following: (a) post any jobs on any cafepharma site for any competitor of Cafepharma, or post jobs or other content that contains links to any site competitive with cafepharma; (b) post jobs or content on any cafepharma site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the job or are otherwise misleading; (c) post jobs for modeling or talent or talent scouting positions on any cafepharma site; (d) use any Cafepharma Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the Cafepharma Resume Database to sell or promote any products or services; (e) use the Cafepharma Communities for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any cafepharma site any incomplete, false or inaccurate biographical information or information which is not your own; (g) post on any cafepharma site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (h) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions or advertising of products or services to a user of any cafepharma site; (i) delete or revise any material posted by any other person or entity; (j) take any action that imposes an unreasonable or disproportionately large load on any cafepharma site's infrastructure; (k) notwithstanding anything to the contrary contained herein, 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 any cafepharma site other than the search engine and search agents available from Cafepharma on such cafepharma site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); (l) decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any cafepharma site; (m) aggregate, copy or duplicate in any manner any of the cafepharma content or information available from any cafepharma site, without express written consent from Cafepharma; or (n) frame or link to any cafepharma content or information available from any cafepharma site.

Copyright Violations Reporting

It is our policy to respond to clear notices of alleged copyright infringement. The following describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Cafepharma as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) but we will respond to notices of this form from other jurisdictions as well.

Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner of the content so that they may make a counter notification. We may also document notices of alleged infringement on which we act.

To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Please use the following format for infringement notifications:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears at the following ") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is by , published by , ISBN #").

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

3. Provide information reasonably sufficient to permit Cafepharma to contact you (email address is preferred).

4. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."

5. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6. Sign the paper and send it to us at webmaster@cafepharma.com.

The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Please use the following format for counter notifications:

1. Identify the specific URLs or other unique identifying information of material that Cafepharma has removed, or to which Cafepharma has disabled access.

2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Fulton County, Georgia if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

4. Sign the paper and send it to us webmaster@cafepharma.com>.

Again, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who are repeat infringers of intellectual property rights of third parties. Please let us know immediately of users who you believe repeatedly violate our policies or the rights of others.

General

If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. In our sole discretion, we may assign this Agreement. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against any or all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. Additionally, we may otherwise notify you. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Release and Liability, Content, Registration Information, Indemnity and Legal Disputes.

Information made available through this site: You are permitted to store, display, analyze, modify, reformat and print the information made available to you via these services only for your own use and never for any public or commercial use. Again, you are not permitted to publish, transmit, display publicly, or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of Cafepharma. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information.

Cafepharma is not responsible for any difficulties you may experience in attempting to download documents through the site.

Disclosure: Cafepharma may disclose any content or electronic communication of any kind made through this site and associated email to satisfy any law, regulation or governmental request or if such disclosure is necessary or appropriate to operate this site or to protect the rights or properties of Cafepharma.

Updates: You will abide by all additional restrictions displayed on this site as it may be updated from time to time. The site, including all materials available on or through it, is copyrighted and protected by all applicable copyright laws. You will comply with all copyright laws in your use of this site and to prevent any unauthorized copying. Except for the limited license expressly detailed herein, Cafepharma does not grant any express or implied right to you regarding any patent, trademark, copyright or trade secret rights associated with this site and the materials available through it. Cafepharma has no obligation to update this site or to take any action with regard to sustaining this site or ensuring the usability of this site.

International users: This site is controlled, operated and administered by Cafepharma and its service provider from offices within the United States of America. Cafepharma makes no representation, except as expressly otherwise provided in writing to you, that materials on this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this site from locations outside of the United States of America, then you are responsible for compliance with all local laws. These Terms of Use will be governed by the laws of the state of Georgia, U.S.A. without regard to conflict of laws provisions or principles.