Research with Impact

Terms & Conditions

Welcome to www.impactrx.com, the United States corporate web site for ImpactRx®, Inc. (Site). Please read these Terms and Conditions (Terms) carefully. Your use of this Site constitutes your acceptance of these Terms. Please do not use this Site if you do not agree and accept these Terms. ImpactRx®, Inc. (ImpactRx®, we, or us) reserves the right to make changes to these Terms from time to time, in which case the revised Terms will be posted to this page and will become effective immediately upon posting. For this reason, we urge you to read these Terms each time you visit our Site. These Terms were last updated June 4, 2010.

Scope
We control and operate this Site from the United States of America. This Site contains information regarding ImpactRx® products and services available for sale or distribution within the United States. If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services do not imply that ImpactRx® intends to announce or offer products or services in your country.

Site Content; Reservation of Rights
ImpactRx® and its third party licensors retain all rights, title to and interest in the information and other materials contained in this Site, including by way of example, the Site design, text, sound recordings, graphics, images, software and video and all derivatives thereof (Content) and you agree not to take any action inconsistent with such ownership rights. Unless otherwise expressly specified, all Content is protected by copyright, trade secret and other intellectual property laws, and by international treaties, all of which provide rights to ImpactRx® and obligations of you that are supplemental to the rights and obligations set forth in these Terms.
Subject to the terms and conditions contained in these Terms, you may download, view, copy and print Content, subject to the following: (1) the Content may be used solely for you personal, informational, or internal business purposes; (2) any and all copyright, trademark, service mark, and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page; (3) the Content may not be modified or altered in any way; and (4) no graphics may be used separate from accompanying text.
Except as otherwise expressly stated herein, you may not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, frame, store for subsequent use, or otherwise use in whole or in part in any manner the Content without ImpactRx®'s prior written consent, except to the extent permitted by applicable law. The foregoing notwithstanding, you agree that you shall not (and shall not permit others) to alter or remove any printed or on-screen copyright, trademark, logo, symbol, or proprietary or other legal notices contained in or included with the Content.

Trademark Notices 
ImpactRx®, and the ImpactRx® logo are service marks and trademarks of ImpactRx®, Inc. Certain product, service, or company designations for companies other than ImpactRx® may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where ImpactRx® is aware of a claim, the designation appears in initial capital or all capital letters or otherwise includes an ® or ™ symbol, respectively. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

Restrictions On Use
No Resale. Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of ImpactRx®.
User Solely Responsible for Conduct. You agree that you are solely responsible for your actions and the content of your transmissions through or postings on the Site.
No Illegal or Deceptive Acts. You agree: (1) to abide by all applicable local, state, national, and international laws and regulations in your use of the Site; (2) not to use the Site for illegal purposes; (3) not to use the Site to harm minors in any way; (4) not to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or other information transmitted through the Site; (5) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (6) to comply with all laws regarding the transmission of technical data (including, without limitation, encryption) exported from the United States through the Site; and (7) to comply with all regulations, policies and procedures of networks connected to the Site.       

System Integrity.
You agree: (1) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or of this Site; (2) not to interfere or disrupt networks connected to the Site; (3) not to disclose your password to third parties or use your password for any unauthorized purpose.

Copyright Infringement. ImpactRx® respects the intellectual property rights of others, and expects its users and clients to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) <http://lcweb.loc.gov/copyright/>, ImpactRx® has designated an agent to receive notifications of alleged copyright infringement associated with the Site. ImpactRx® will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:

Jina Melnyk
jmelnyk@impactrx.com
Phone: (215) 444-8700
Fax: (856) 273-7959
307 Fellowship Road, Suite 300
Mt. Laurel, New Jersey 08054
U.S.A.

When notifying us of the alleged copyright infringement, please include all of the following information:
          i) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
          ii) Identification of the copyrighted work claimed to have been infringed;
          iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
          iv) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
          v) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
          vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
          ImpactRx® reserves the right to terminate your use of the Site for any actual or alleged copyright infringement. If the material is believed in good faith by ImpactRx® to violate any applicable law, ImpactRx® will remove or disable access to any such material.

Registered Users
Certain areas of this Site contain information intended only for users who have registered either via this Site or pursuant to the terms of a separate agreement with ImpactRx® (Registered Users). Accordingly, ImpactRx® reserves the right to limit certain areas of the Site to Registered Users. To register, you must provide us with (or have provided us separate from this Site) certain personal information, including your name, email address, postal address, title and affiliation. The information you provide must be accurate and complete and it is your responsibility to inform us of any changes to that information by emailing us at privacy@impactrx.com. ImpactRx® reserves the right to discontinue access to any restricted area of the Site at any time for any reason, with or without notice to you. If you are or become a Registered User you are responsible for maintaining the confidentiality of your ID and password. If you become aware of unauthorized use of this Site you agree to immediately notify ImpactRx®.

Registration Information; User Information; Site Monitoring
Personally Identifiable Information. Personally identifiable information provided by you via this Site is subject to our Privacy Statement which can be found at Privacy Statement.
Idea Submission Policy. We welcome the opportunity to hear from our clients and other users of this Site, but please be advised that ImpactRx®, its affiliates and employees, do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to ImpactRx® or anyone at ImpactRx®. If, despite this request, you still send us your ideas and other such materials, please understand that we make no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand and agree that ImpactRx® is free to use any concepts, know-how or techniques that you submit to ImpactRx® via this Site for any purpose, without any restrictions, liability, or accounting to you or any third party.
          Monitoring. Use of this Site may be monitored, tracked and recorded. By using this Site, you expressly consent to such monitoring, tracking and recording.

Resume Submission
ImpactRx® may allow online submission of resumes in response to job postings on our Site. You agree not to post any false or inaccurate biographical information. Recruiters representing candidates may not send candidates' resumes in response to job postings on the Site. There is a risk that your resume may be lost or intercepted by a third party if you submit it to ImpactRx® through the Site. ImpactRx® and its third party service providers cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the Site. In addition, ImpactRx® reserves the right and may contract with a third party service provider to host the resume submission page. All personally identifiable information included in a resume and received by ImpactRx® will be handled in accordance with our Privacy Statement.

No Warranties; Site and Content Disclaimers
Site Modification; Dated Content
ImpactRx® or its suppliers may discontinue or make changes in and to the Content, products, or services described herein at any time without prior notice to you. Any dated Content is published as of its date only, and ImpactRx® does not undertake any obligation or responsibility to update or amend any such Content. ImpactRx® reserves the right to remove any or all Content, offerings or transmissions without prior notice to you.

Jurisdictional Scope
The existence of this Site and the Content, products, and services described in this Site, shall not be deemed to be a distribution or solicitation by ImpactRx® to any person or entity, of the Content or the ImpactRx® services and/or products in jurisdictions where the provision of the Site and such Content, products and services is prohibited by law.

No Warranties; Warranty Disclaimer
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED VIA THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IMPACTRX® AND ITS THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE WITH ENJOYMENT, ACCURACY, INTEGRATION, OR EXCLUSIVITY, OR ANY IMPLIED WARRANTIES ARISING OUT OF USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IMPACTRX® MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, PRODUCTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. IMPACTRX® SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.                   
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IMPACTRX® OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN HEREIN.                    

No Medical Advice or Product Endorsements
The Content, products and services contained in this Site are not intended nor recommended as a substitute for professional medical advice. NOTHING CONTAINED IN OR TRANSMITTED THROUGH THIS SITE IS INTENDED TO PROVIDE MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. The Content should not be considered complete, nor should it be relied on to suggest that certain products are more effective than others. The Content, products and services available via this Site should not be used in place of a consultation with or the advice of a physician or other qualified health care professional. Content published on the Site may contain references to products, services and programs that are only available to licensed physicians in accordance with applicable laws. These tools are not intended to give professional medical advice. Physicians and other health care professionals should always exercise their own clinical judgment for any given situation.
Unless explicitly noted, other than its own products and services, IMPACTRX® does not endorse any of the products referenced in this Site, nor should any data provided via the Site be construed as a recommendation of one product or service over another.                     

Links To Other Sites
Links to non-IMPACTRX® web sites (Other Sites) may be provided from this Site solely as a convenience to our users. Please refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them. You agree that links to Other Sites are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by ImpactRx®. ImpactRx® does not necessarily review, monitor or check the accuracy of content published on Other Sites, and is not responsible for the availability of, and content provided on such Other Sites. The inclusion of links to Other Sites is not and should not be deemed to imply, any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such Other Sites, or any representation regarding the content at such sites.

Limitation Of Liability
IN NO EVENT SHALL IMPACTRX®, ITS THIRD PARTY SERVICE PROVIDERS, AND EACH OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, PARENTS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY PRODUCTS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE, THE SERVICE, OR PRODUCTS, EVEN IF ImpactRx® WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Linking to the ImpactRx® Site
You may link or hyper-link to the home page of this Site from your web site, provided that:
          (a) you do not frame this Site or any portion of the Site;
          (b) you do not deep link into the Site (i.e., you do not link into any page other than the home page);
          (c) the link or hyper-link to this Site is not used in a way that suggests that ImpactRx® endorses you or your web site;
          (d) the link is identified using a plain text rendering of the ImpactRx® name and not any trademark or ImpactRx® logo;
          (e) the link or hyper-link to this Site is not used or presented in any way that disparages ImpactRx® or tarnishes, blurs, or dilutes the quality of ImpactRx®'s name or trademarks or any associated goodwill; and
          (f) you agree that we may terminate your right to link or hyperlink to this Site at any time for any reason or no reason, in our exclusive discretion.

Indemnification
You agree to indemnify, defend and hold harmless ImpactRx® and its third party service providers, and each of their parents, subsidiaries, affiliates, shareholders, directors, officers, employees, agents, successors and assigns, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys' fees, made by any third party due to or arising out of, or in any way connected with your use of or access to the Site or violation of these Terms.                

General
Export Compliance. ImpactRx® controls this Site from within the United States of America. You may not access, download, use or export the Site or the Content (including products and services) in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. Nothing contained in this Site should be construed as a promotion for any product (or for the use of any product in a particular way) or service which is not authorized by the laws and regulations of the country where you are located.

U.S. Government Restricted Rights. The Content, products and services provided in this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FARS52.227-14 and DFAR252.227-7013 et seq. or successor provisions. Use of the Content, products and services by the U.S. government constitutes acknowledgement of ImpactRx®'s and/or its licensors' proprietary rights in and to the Content, products and services.
Choice of Law. These Terms are governed by the laws of the State of New Jersey without regard to its principles governing conflicts of law. By using this Site, you consent to the personal and exclusive jurisdiction and venue of the state and federal courts sitting in Burlington County, New Jersey. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
No Agency; Independent Contractors. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Severance. If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from these Terms and all the other provisions shall remain in full force and effect.
Headings. The headings used in these Terms are intended for convenience only and shall not be deemed to supersede or modify any provisions.
Waiver. The waiver by ImpactRx® of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach.
Entire Agreement. These Terms along with the Privacy Statement which is hereby incorporated by reference, constitute the entire agreement between the parties with regard to the subject matter herein.
Assignment. These Terms and the rights and obligations hereunder may not be assigned, in whole or in part by you, without the prior written consent of ImpactRx®. In the case of permitted assigns or transfers under these Terms, these Terms or the relevant provisions shall be binding upon, and inure to the benefit of, the successors and proper assigns of the parties hereto.
Language. The parties hereby confirm their willingness to make this agreement, and all documents including all notices attached hereto, in English. Les parties aux pr&eacute;sent&eacute;s confirment leur volont&eacute; que cette convention de m&ecirc;me que tous les documents y compris tout avis qui s'y rattach&eacute;, soient redig&eacute;s en langue anglaise.
Acknowledgment. You acknowledge that (i) you have read and understand these Terms and (ii) these Terms have the same force and effect as a signed agreement. You agree to print this text file promptly and to maintain the printed copy as a written record of these Terms.