Terms of Service

Kevin Richter Aug, 30 2024

Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the PharmaInsight website and services located at brandmedicines.su (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

The Service is owned and operated in the United States by Lachlan Barlow, 614 S Main St, Smith Center, KS 66967 ("Company," "we," "us," or "our"). You may contact us at [email protected].

Eligibility and Geographic Scope

You must be at least 13 years old to use the Service. If you are under the age of 18, you may use the Service only with the consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. By using the Service, you represent and warrant that you meet these eligibility requirements.

The Service is controlled and operated from the United States and is intended for users located in the United States. Accessing the Service from jurisdictions where the content or practices are illegal is prohibited.

Health and Medical Information Disclaimer

The Service provides information about pharmaceuticals, medications, diseases, and supplements for educational and informational purposes only. THE SERVICE DOES NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE, DIAGNOSIS, OR TREATMENT. Content is not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition, medication, or supplement.

If you are experiencing a medical emergency, call 911 immediately. Reliance on any information provided by the Service is solely at your own risk. No doctor–patient relationship is created by your use of the Service.

Do not submit protected health information (PHI) via the Service. We are not a covered entity or business associate under HIPAA, and the Service is not designed to store or process PHI.

Accounts and Security

You may be required to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account at [email protected].

License and Access

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use. Any use of the Service not expressly permitted by these Terms is prohibited.

Intellectual Property

The Service, including all text, graphics, interfaces, images, trademarks, logos, data, compilations, and underlying code, is owned by or licensed to the Company and is protected by U.S. and international intellectual property laws. Except as expressly provided, you may not copy, reproduce, distribute, modify, publicly display, publicly perform, create derivative works from, reverse engineer, or otherwise exploit any part of the Service without our prior written consent.

User Content

You may be able to submit reviews, comments, questions, suggestions, or other content ("User Content"). You retain ownership of your User Content, but you grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in any media now known or later developed for any lawful purpose.

You represent and warrant that you have all rights necessary to grant the foregoing license, that your User Content is accurate and not misleading, and that your User Content does not violate any law or infringe any third-party rights.

Acceptable Use

You agree not to misuse the Service. Prohibited conduct includes, without limitation:

  • Using the Service for any unlawful purpose or in violation of any applicable law or regulation.
  • Posting or transmitting content that is illegal, harmful, defamatory, obscene, harassing, hateful, discriminatory, or otherwise objectionable.
  • Submitting or soliciting medical or legal advice.
  • Uploading viruses, malware, or other harmful code; interfering with or disrupting the integrity or performance of the Service.
  • Scraping, crawling, indexing, harvesting, or collecting data from the Service, including through automated means, without our prior written consent.
  • Attempting to probe, scan, or test the vulnerability of any system or network or to breach security or authentication measures.
  • Using the Service to advertise or promote third-party products or services without our written permission.
  • Impersonating any person or entity or misrepresenting your affiliation with a person or entity.

Third-Party Content and Links

The Service may reference third-party information, products, or services. We do not control and are not responsible for third-party content or practices. Your interactions with third parties are solely between you and the third party. We make no warranties regarding, and disclaim all liability arising from, third-party content.

Accuracy of Information

We strive to provide accurate and up-to-date information; however, medical and pharmaceutical information changes rapidly. We do not guarantee the completeness, accuracy, or timeliness of information on the Service. You are responsible for verifying information with qualified healthcare professionals and authoritative sources.

Payment and Subscriptions

From time to time, we may offer paid features or subscriptions. Prices, features, and availability are subject to change. If you enroll in a subscription, it will renew automatically at the then-current rate unless you cancel before the renewal date. You authorize us to charge your payment method for all applicable fees and taxes. Except where required by law, fees are non-refundable.

Privacy

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and disclose information. By using the Service, you consent to our data practices consistent with the Privacy Policy. Do not submit sensitive personal data through the Service unless specifically requested and secured for that purpose.

Electronic Communications

By using the Service or sending us emails, you consent to receive communications from us electronically. We may communicate with you by email, in-product notices, or other electronic means. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

DMCA Notice and Copyright Policy

We respect intellectual property rights. If you believe that content on the Service infringes your copyright, send a notice to our designated agent with the following: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (4) your contact information; (5) a statement that you have a good-faith belief that use of the material is not authorized; and (6) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner.

Designated Agent: Lachlan Barlow, 614 S Main St, Smith Center, KS 66967; Email: [email protected].

Prohibited Countries and Export Controls

You represent that you are not located in, under the control of, or a national or resident of any country, person, or entity subject to U.S. embargoes, sanctions, or export restrictions. You agree to comply with all applicable U.S. export control and sanctions laws.

Changes to the Service and Terms

We may modify, suspend, or discontinue any part of the Service at any time without liability. We may update these Terms from time to time. Changes take effect upon posting to the Service or as otherwise indicated. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including if we believe you violated these Terms or applicable law. Upon termination, the rights granted to you under these Terms will cease immediately. Sections that by their nature should survive termination will survive, including but not limited to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, RELIABILITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID US, IF ANY, FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.

Some jurisdictions do not allow certain disclaimers or limitations; in such cases, the foregoing will apply to the fullest extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owners, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

Dispute Resolution; Arbitration; Class Action Waiver

Please read this section carefully. It affects your rights.

  • Informal Resolution: Before filing a claim, you agree to attempt to resolve the dispute informally by emailing us at [email protected] with a description of your claim. If we cannot resolve the dispute within 30 days, either party may initiate arbitration as described below.
  • Binding Arbitration: Except for claims that may be brought in small claims court and claims for injunctive relief, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration under the Federal Arbitration Act. The arbitration will be administered by a recognized arbitration provider applying its then-current consumer arbitration rules. The seat and venue of arbitration will be Smith County, Kansas, unless otherwise required by law.
  • Class and Representative Action Waiver: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
  • Opt-Out: You may opt out of this arbitration agreement by sending written notice to [email protected] with the subject line "Arbitration Opt-Out" and your full name, mailing address, and account email within 30 days of your first acceptance of these Terms. Opting out will not affect other provisions of these Terms.
  • Governing Law: These Terms are governed by the laws of the State of Kansas and the United States, without regard to conflict of laws rules. Subject to the arbitration terms above, exclusive jurisdiction and venue for any permitted court action will be the state and federal courts located in Smith County, Kansas.

Communications and Notice

We may provide notices to you by posting to the Service, sending email to the address associated with your account, or by other reasonable means. You agree that all such notices satisfy any legal requirement that communications be in writing.

Beta Features and Changes

We may offer features identified as beta, preview, or evaluation. Such features are provided "as is," may be subject to additional terms, and may be discontinued at any time without notice or liability.

Feedback

If you choose to provide feedback, suggestions, or ideas, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the feedback without restriction or compensation to you.

Children's Use

The Service is not directed to children under 13. If we learn that we have collected personal information from a child under 13 without verifiable parental consent, we will delete it. Parents or guardians who believe we may have collected such information should contact us at [email protected].

Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect, and a valid, enforceable provision reflecting the parties' intent will be substituted.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, labor disputes, internet failures, outages of third-party services, government actions, or other events of force majeure.

Entire Agreement

These Terms, together with any policies or terms referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

Contact Information

Owner: Lachlan Barlow

Postal Address: 614 S Main St, Smith Center, KS 66967

Email: [email protected]

Effective Date: August 20, 2025