THEMIS (“THEMIS”, “WE” OR “US”) PROVIDE THIS WEBSITE TO YOU, YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY OTHER ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY “YOU”), SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN THEMIS AND YOU, AND YOU ACCEPT THEM BY USING OUR WEB SITE LOCATED AT THE URLHTTP://WWW.THEMISANALYTICS.COM AND/OR ANY OTHER SITE PROVIDED BY US (COLLECTIVELY, THIS “SITE”); AND/OR ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
- THEMIS North America Inc.: Our Services to You
We are a leading pharmaceutical marketing data integration software company. This Site offers access to products, support and services downloads, including documentation downloads, a knowledge repository, information about special events, and user forums. This Site is intended for use by customers, partners and guest users. THEMIS customers generally have access to the entire Site.
- Modifications to Terms
- Restrictions On Use Of This Site And Its Content
This Site is owned and operated by us. All materials appearing on this Site, including the text, site design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of us and our licensors. You agree to use the content of this Site only for your personal use and for no other purpose. We authorize you to download and print documents and portions of documents, including but not limited to information published by us on this Site and expressly labeled as “downloadable”, solely for internal viewing and browsing purposes. However, any technical information that you download is also governed by the terms and conditions of your written software license agreement or partnership agreement with THEMIS, whichever is applicable. White papers may be distributed only in connection with the furtherance of THEMIS business in connection with your partnership with THEMIS. Any other copying, modification, reproduction, performance, display, incorporation into any other Web site or other work, mirroring this Site, redistribution, retransmission or publication of any downloaded material is strictly prohibited without our express written consent. You agree not to change or delete any copyright, trademark or other proprietary notices from any copy of these documents which you download or print. You must give us prior written notice if you wish to link any other web page, etc. to our Site. Such notice should be sent to firstname.lastname@example.org. We reserve the right to refuse anyone permission to link to our Site, for any or no reason.
- Rules of User Conduct
By posting information in or otherwise using any communications service, forum, message board, newsgroup, software library or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data or other information — that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy (including stalking), tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals) or otherwise violates these Terms or Privacy Statement;
- you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling;
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- interferes with or disrupts our services or servers or networks connected to this Site;
- intentionally or unintentionally violates any applicable local, state, national or international law and any regulations having the force of law;
- collect or stores personal data about other users; or
- impersonates any person or entity, including any employee or representative of us or otherwise misrepresents your affiliation with a person or entity.
You agree that you will not misuse or abuse account access and passwords, including, without limitation, giving access to third parties or allowing third parties to gain access to information from the Site through you. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
We may or may not elect to pre-screen, monitor or edit the content posted by users of communications services, forums, chat rooms, message boards, newsgroups, software libraries or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content.
You acknowledge, consent and agree that THEMIS may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of THEMIS, its customers and the public.
- Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data and software exported from the United Kingdom and the export and import laws of the country in which you reside.
You agree to indemnify and hold THEMIS, and its subsidiaries, affiliates, officers, agents, licensors, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another.
- No Advice or Recommendations
This Site offers information, tools and resources to provide a better understanding of our products and services to customers, potential customers, partners and other affiliates. We do not provide business advice through this Site or through any services offered on this Site, including but not limited to, any return-on-investment information, white papers, etc.
While we endeavour to provide the most accurate, up to date information available, the directories and information contained in this Site may, at times, contain technical inaccuracies or typographical errors, and may be changed or updated without notice. We cannot guarantee that the content or other information provided through this Site will be accurate or up-to-date. We reserve the right without prior notice to discontinue or change the specifications on products and services offered on this Site without obligations. From time to time, we may make suggestions or recommendations of certain products or services. However, we make no guarantee as to satisfaction for our suggestions or recommendations or that the suggested or recommended products or services will meet your expectations.
- Limitation of Liability
WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF, OR INABILITY TO USE, THIS SITE, ITS CONTENT, MATERIALS OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS LIMITATION WILL APPLY EVEN IF THEMIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND EVEN IF ANY WARRANTY OR REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE TOTAL LIABILITY OF THEMIS WILL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE. ANY CLAIMS RELATING TO MATERIALS DOWNLOADED PURSUANT TO A SEPARATE LICENSE ARE GOVERNED SOLELY BY THAT LICENSE.
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement of the link/site, nor are we responsible for the content of any linked site. You access linked sites at your own risk.
- Third Party Content
Certain content from third party vendors may be made available as part of this Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content.
- Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or other appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Privacy Statement, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Privacy Statement could subject you to criminal or civil penalties.
- User Responsibilities, Communications, Feedback, and Submissions
We welcome your comments and feedback regarding this Site. However, we do not want and cannot accept any ideas, materials or suggestions you consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to us using this Site or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. We shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from and distribute these Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions.
- Termination of Usage
- Applicable Law
This Site is controlled by us from our offices within the United Kingdom. The laws applicable to the interpretation of these Terms shall be the laws of England, without regard to any conflict of law provisions. We make no representation that the content in this Site is appropriate for access outside of the UK. Those who choose to access this Site from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws. If any provision within these Terms is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
All such trademarks, trade names and service marks are proprietary to us, and may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us, without our written permission. All other trademarks, product names and company names and logos are the property of their respective owners. Any rights not expressly granted herein are reserved.
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