PeerDirect Publishing is located at 6, rue Eugène Ruppert, L-2453 Luxembourg, Luxembourg
These Terms of Use (these "Terms") govern your access and use of the website and any other
online service or newsletter operated by PeerDirect Publishing which displays or includes a link to these
Terms (collectively, our "Services"). Any reference to our
"Services" in these Terms shall also apply to any component of our Services.
Our Services are only available to persons who are of the age of majority in their respective
jurisdiction of residence. Our Services are also not available to any persons barred from receiving them
under applicable law, such as applicable export and re-export restrictions and regulations.
By accessing or using our Services, you represent that you are at least the age of majority in your
jurisdiction of residence and are not prohibited from receiving our Services, and agree to these Terms. If
you do not agree to these Terms, do not use our Services.
We reserve the right to make amendments to these Terms at any time at our sole discretion. Such
amendments enter into force when we publish them on our Services and communicate them to you in an
appropriate manner as required by applicable law. Your continued use of our Services after being notified
of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms,
please stop using our Services.
Intellectual Property Rights; License Grant
All content, information and other materials available through our Services, including, without
limitation, our trademarks and logos, the visual interfaces, photographs, images, illustrations, design,
compilation, articles, advertisements, information, software, computer code, services, text, pictures,
information, data, audio clips, video clips, and the selection and arrangement thereof (collectively, the
“Content”) are protected by applicable intellectual property, copyright and proprietary rights and laws.
All of the Content is the property of ours, our affiliates or our licensors.
As long as you continue to comply with these Terms, we grant you a limited,
personal, revocable, non-exclusive, and non-transferable license to:
Use our Services for your personal, non-commercial use only; and
Print or download pieces of the Content for your personal and non-commercial use.
You agree you may not remove any proprietary, copyright or other applicable notices from any Content,
and agree to abide by any additional copyright notices or restrictions contained in any Content.
Unless we expressly state in writing otherwise and except as expressly
permitted herein:
You may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce,
publish, license, transfer, sell, resell, or otherwise use any Content;
Nothing in these Terms shall be interpreted as conferring on you any license to intellectual
property rights, whether by estoppel, implication or other legal principles.
We reserve the right to make amendments to these Terms at any time at our sole discretion. Such
amendments enter into force when we publish them on our Services and communicate them to you in an
appropriate manner as required by applicable law. Your continued use of our Services after being notified
of such amendments signifies your consent to the amended Terms. If you do not agree to the amended Terms,
please stop using our Services.
If you are a copyright or intellectual property owner or an agent thereof and
believe that any Content infringes upon your copyright or intellectual property interests, please submit
a notice via our Feedback page here. Please include the following information in your notice:
An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property interest that is the subject of
your claim;
A description of where the material is located on our Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that access to the relevant material through
our Services is unauthorized; and
A statement by you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright or other intellectual property owner or authorized to act on
the copyright or other intellectual property owner's behalf.
Privacy
For more information about our collection and use of your personal information, see
our Privacy Policy.
Third-Party Content and Links in Our Services
Our Services may provide you with access to information, content, materials, and services that reside on
third-party platforms, such as websites or resources not owned or controlled by us
("Third-Party Content").
We do not represent or endorse the availability, reliability, accuracy and/or quality of Third Party
Content.
You agree to assume all risk and liability relating to your use of Third Party Content.
You may include links to our Services in online services or content that you operate and control, but
you agree to promptly remove any such links on our written request, including but not limited to, because
we believe such links negatively impact our reputation.
Registration
Your use of certain parts of our Services requires that you register for an account by providing a valid
address and other personal information, and establishing a password.
You are required to provide us with accurate, current and complete information upon registration and at
all other times.
You are solely responsible for maintaining the confidentiality of your account, for restricting access
to the devices you use to access our Services, and for all activities that take place in connection with
your account.
You agree to promptly notify us of any unauthorized use of your login credentials or any other breach of
security, by emailing privacy@peerdirect.com.
Prohibited Conduct
You shall not use or allow the use of our Services for:
Any illegal, unlawful or malicious purpose or activity;
Activities that we deem improper for any reason whatsoever in our sole discretion; or
The purpose, even if it is not one of the main purposes, of building a service that would compete
with our Services or to assist another person in building such a service.
You shall not and shall not attempt to:
Sell, rent, lease, share or provide access to your account to anyone else;
Access or use another user’s account on our Services without our written approval;
Disrupt, impair or interfere with our Services or any security function of our Services;
Use our Services for advertising purposes without obtaining our prior permission;
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, such as the right
to privacy or publicity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your
affiliation with any person or entity;
Publish, post, upload, store, distribute or disseminate any material
which:
we may deem inappropriate, profane, defamatory, obscene, indecent or unlawful;
could be construed to be medical advice and/or constitute a breach of doctor-patient
confidentiality;
could violate any applicable law including copyright or other intellectual property rights;
contains a virus, worm, Trojan horse, or other harmful or disruptive component.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble
any portion of our Services;
Probe, scan or test the vulnerability of our Services, or circumvent or breach the security or
authentication measures of our Services, monitor data or traffic on our Services, or take any action
that imposes an unreasonable or disproportionately large load on the infrastructure of our Services,
such as a denial of service attack.
Comments and Feedback
If you publish through our Services or share with us (collectively, "Share")
any content, information or other materials (collectively, your "Comments and
Feedback"), such Comments and Feedback shall be deemed non-confidential and not
proprietary.
We will be free to use and redistribute your Comments and Feedback on an unrestricted basis, without any
compensation to you. We reserve the right not to use or redistribute your Comments and Feedback, and to
remove any Comments and Feedback from our Services at any time at our sole discretion.
You represent and warrant that you have all necessary rights and authority to Share your Comments and
Feedback and grant the rights that you grant herein, and authorize us to use your Comments and Feedback
for any purpose whatsoever.
General
WE DO NOT PROVIDE MEDICAL OR HEALTHCARE ADVICE OR SERVICES. OUR SERVICES ARE INTENDED TO PROVIDE
INFORMATIONAL AND EDUCATIONAL CONTENT ONLY TO HEALTHCARE PROFESSIONALS.
WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY CONTENT, INCLUDING ANY ADVICE,
OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH OUR SERVICES. YOU
RELY UPON ANY SUCH CONTENT AND OUR SERVICES AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE OUR SERVICES AND THE CONTENT “AS IS”,
“WITH ALL FAULTS”, “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, AND PEERDIRECT
PUBLISHING, ITS AFFILIATES, AND ITS AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, PROPRIETORS,
REPRESENTATIVES, AGENTS, ASSIGNS, SUCCESSORS, SHAREHOLDERS, PARTNERS AND SUPPLIERS
("PEERDIRECT PUBLISHING PARTIES") HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY
IMPLIED WARRANTIES OR CONDITIONS RELATING TO OUR SERVICES’ OR THE CONTENT’S SUITABILITY, AVAILABILITY,
COMPLETENESS, TIMELINESS, LEGALITY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR
PURPOSE.
Nothing in these Terms is intended to affect any rights which you may have under local laws which cannot
be waived by contract.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEERDIRECT PUBLISHING PARTIES SHALL NOT BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, AND LITIGATION), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR SERVICES OR ANY
OF THE CONTENT IS TO STOP USING OUR SERVICES OR ANY SUCH CONTENT.
If you have any legal basis for recovering damages from us, to the extent permitted by applicable law,
you agree that your exclusive remedy shall not exceed damages in excess of $50.
Indemnity
You agree to defend, indemnify and hold harmless PeerDirect Publishing Parties from and against any and
all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses
(including reasonable attorneys' fees and litigation expenses), relating to or arising from your use
of our Services or the Content, or any breach by you of these Terms.
PeerDirect Publishing Parties reserve the right, at their own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you, in which event you agree to provide such
PeerDirect Publishing Parties with all reasonably requested assistance, information and cooperation at
your own expense.
Termination
To the fullest extent permitted by applicable law, we reserve the right to deny you
access to our Services and to terminate this agreement at any time for any reason, including but not limited
to, where we consider that your use of our Services breaches these Terms or applicable law, you fraudulently
use or misuse our Services, or we are unable to continue providing our Services due to technical or
legitimate business reasons. Any such termination by us will be effective even if we do not provide you with
notice of the termination
Governing Law and Jurisdiction
To the fullest extent permitted by applicable law, you agree that these Terms will be construed and
enforced in accordance with the statutes and laws of the State of New York, without regard to its choice
of laws principles, and any action to enforce these Terms will be brought exclusively in the federal or
state courts presiding in the State of New York, to whose jurisdiction you expressly agree to submit.
Notwithstanding the above, you agree that we may instigate proceedings for equitable relief in any court
of competent jurisdiction.
Entire Agreement and Reservation of Rights
These Terms and any terms referred to herein represent the entire agreement between you and us with
respect to our Services and supersede all prior or contemporaneous agreements.
We reserve the right to assign these Terms to another party without notice to you, to the extent
permitted by applicable law. You may not sublicense, assign, transfer or delegate any of your rights or
obligations under these Terms to any third party without our prior written consent. Any attempted
sublicense, assignment, transfer or delegation in violation of this article shall be void.
We reserve any rights not expressly granted herein.
Severability
If any part of these Terms is determined to be invalid or unenforceable pursuant to
applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder of
these Terms shall continue in effect.
Waiver
No waiver of any term or condition of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and our failure to assert any right or provision under
these Terms shall not constitute a waiver of such right or provision.
Survival
No waiver of any term or condition of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and our failure to assert any right or provision under
these Terms shall not constitute a waiver of such right or provision.
