Terms of Use

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Effective Date: January 2017

These terms and conditions ( “Terms of Use”) apply to your use of www.PMIScienceUSA.com and all documents, Web pages, and other Content hosted thereon and thereunder (the “Site”). Philip Morris International Management, S.A. (“PM”) and its Affiliates and Service Providers will operate the Site, and provide and update the Content on the Site. As used in these Terms of Use, “Content” includes any information, articles, publications, models, communications, software, text, photos, video, graphics, music, sounds, data, and other materials and services published on our Site.

YOUR USE OF THE SITE IS SUBJECT TO YOUR AGREEMENT WITH THESE TERMS OF USE AND THE PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.  BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND THAT YOUR USE OF THE SITE IS SUBJECT TO THE PRIVACY POLICY.  IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY POLICY, PLEASE EXIT THE SITE NOW.  YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE.

As used in these Terms of Use, “Affiliates” include PM’s owners, subsidiaries, and other entities under common ownership or control. References to our “Service Providers” include (without limitation) all parties involved in creating, producing, operating, and/or delivering this Site and/or its Content on behalf of PM; for avoidance of doubt, Service Providers includes PM’s suppliers, partners, sponsors, and subcontractors.

1. Information Available on this Site

This Site is operated for the primary purpose of publishing and disseminating scientific information regarding tobacco.  The Site is not operated for advertising or marketing purposes. The Content on this Site is not and should not be regarded as an offer to sell, or a solicitation of an offer to buy any product of PM or its Affiliates.  The Content on this Site is not and should not be regarded as a promise, warranty, characterization, or guarantee regarding any product of PM or its Affiliates.

We reserve the right to modify the Content at any time, but we have no obligation to update any information on this Site.  You agree that it is your responsibility to monitor changes to the Content, and that we shall not be liable to you or any third-party should we exercise such right.

You understand and agree that temporary interruptions of the availability of this Site may occur as normal events. PM is not responsible for providing any equipment necessary to use this Site.  You further understand and agree that we have no control over third-party networks you may access in the course of the use of this Site, and therefore, that delays and disruption of other network transmissions are completely beyond our control.

2.  Conduct on Site

We welcome feedback, both positive and negative, about our scientific approaches and data, but please make sure that any comments or communications you submit to us, as well as your conduct when using the Site, are in line with applicable laws and regulations and these Terms of Use generally. In addition, when using the Site, you agree to not actually or attempt to:

(a) gain unauthorized access to any portion or feature of the Site, or any other system, network, or server connected to the Site, or to any of the services offered on or through the Site;

(b) probe, scan, test the vulnerability of, or breach the security or authentication measures of the Site or any other system, network, or server connected to the Site;

(c) reverse look-up or trace any information about any other user of the Site in any way where the purpose is to reveal information, including, but not limited to, personal information about the other user;

(d) upload, post, transmit, or install any software, file, or code to the Site that is unauthorized, including, but not limited to, any such materials that contain software viruses or other computer code designed to interrupt, destroy, or limit the functionality of the Site, any computer software or hardware, or any telecommunications equipment; or

(e) interfere with or disrupt the operation of the Site or anyone else’s use and enjoyment of the Site.

Users who violate systems or network security may incur criminal or civil liability.

3. Third Party Sites and Information

This Site may include links to other sites, which may be operated by third parties.  These links are provided solely as a convenience to you.  Except to the extent we operate these sites, we are not responsible for the content of any other sites, for any products or services that may be offered through other sites, or for their privacy practices or terms and conditions.  Third-party sites may contain information with which we do not agree and may require registration or agreement with terms and conditions which differ from these Terms of Use.  Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites or as a representation that you are free to use any content, data or information on such linked sites without restrictions. YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR AFFILIATES OR SERVICE PROVIDERS ARE RESPONSIBLE FOR THE ACCURACY, INTELLECTUAL PROPERTY, LEGALITY, DECENCY, OR ANY OTHER ASPECT OF SUCH SITES, NOR ARE WE RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY REFERENCES TO OTHER PARTIES OR THEIR PRODUCTS AND SERVICES.

4. Intellectual Property Information

Unless otherwise indicated on any particular portion of the Site, this Site is subject to copyright, publicity rights, trademark, patent, trade dress, and/or other intellectual property protections.  All rights reserved.

You acknowledge and agree you are only permitted to use the Content as expressly authorized by us.  We grant you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-exclusive, revocable license to use and access the Site. Under this license, you may use the Content for your personal and research purposes and republish the Content in association with a research, scholarly or other publication related to the Content, in each case provided that any publication of the Content includes an attribution to the authors of the Content and this Site in accordance with good scientific practice and the guidelines set forth on the Site. For avoidance of doubt, you may not use or republish the Content for any commercial purpose, including for building a commercial database or for mass replication in a database. With respect to the Content, except for a uses that qualify as a “fair use” under applicable copyright laws or a single copy made for personal use only, you may not copy, reproduce, modify, publish, upload, post, transmit, or distribute the Content in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site.  You may not remove any copyright or other notices that appear on the material you print or download.  Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of PM, of its Affiliates or of its Service Providers.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

When citing the Site, you must use the following format (or such other format as may be published on the Site): “As published on DD/MM/YYY on www.PMIScienceUSA.com”

PM, its Affiliates, and Service Providers do not warrant or represent that your use of materials (including the Content) displayed on, or obtained through this Site will not infringe the rights of third parties.  If you believe that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, please contact us using the information provided below.

5. User’s Materials and Infringement

Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.  We are also unable to accept your unsolicited ideas or proposals via the Site, so please do not submit them to us in any circumstance.

6. Disclaimer of Warranties

ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.  WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE, OR RELIABLE.   THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS.  WE MAY MAKE CHANGES TO THE CONTENT ON THIS SITE AT ANY TIME.  THE CONTENT ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF CONTENT OR ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.  ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD-PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES OR SERVICE PROVIDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

7. Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, SUBCONTRACTORS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITED UNDER APPLICABLE LAW AND NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY PROVIDED IN THESE TERMS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold PM and its Affiliates, or any of our or their respective employees, directors, officers, shareholders, agents, Service Providers, and representatives harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to or arising out of or in connection with your access or use of the Site or your breach of these Terms of Use, to the extent permitted by law.  We, or our Affiliates or Service Providers (should they be the sole indemnified party), reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Termination of Use

You acknowledge and agree that we may at any time, and at our sole discretion, block your use of all or part of the Site without prior notice to you for any reason including, without limitation, breach of these Terms of Use.  In addition, any suspected fraudulent, inappropriate, abusive, or illegal activity may be grounds for terminating our relationship and may be referred to appropriate law enforcement authorities.  We shall not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

10. Entire Agreement; Amendments

These Terms of Use (including, for avoidance of doubt, the Privacy Policy) constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. We may need to change these Terms of Use from time to time in order to address new issues and reflect changes on our Site.  We will post the revised Terms of Use on the Site and indicate the effective date of the revision.  Your continued use of the Site indicates your agreement to the currently effective Terms of Use.

11. Miscellaneous

You may not assign your rights and obligations under these Terms of Use to any third-party, and any purported attempt to do so shall be null and void.  We may freely assign our rights and obligations under these Terms of Use. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

12. Governing Law

This Site (excluding any linked sites) is controlled by PM, which is based in Switzerland.  By accessing this Site, you agree that these Terms of Use are governed by the laws of Switzerland.  You agree to submit to the exclusive jurisdiction of the courts located in Lausanne, Canton of Vaud, Switzerland to resolve any legal matter arising from the dispute or claims.  You and we hereby waive, to the fullest extent permitted by applicable law, any objection that it may now or hereafter have to the laying of venue of any such proceedings in such a court and any claim that any such proceedings brought in such a court have been brought in an inconvenient forum. You and we agree that a final judgment in any action or proceeding brought under this Section 13 shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law.

13. Contact Information

You may choose to communicate with us via the “Contact Us” link available on the footer of every page on the website.

PMIScienceUSA.com is operated by Philip Morris International for the purpose of publishing and disseminating scientific information about Philip Morris International’s efforts to develop and assess products that have the potential to reduce individual risk and population harm associated with tobacco use.

This site is for use by scientists, the public health and regulatory communities, and other stakeholders with an interest in tobacco policy. The purpose of this site is not for advertising or marketing. It is not intended for use by consumers.

Your use of this site and any content on this site is subject to the Terms of Use.

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