This Agreement sets forth the terms and conditions that apply to your access and use of the Simpson Healthcare web site (the 'Site') located at simpsonhealthcare.com.
Table of Contents:
- Accepting the Terms
- Your Use of the Service
- Privacy and your Personal Information
- Description of the Service
- For informational Purposes Only
- Account Registration Information
- Right You Grant to Us
- Simpson Healthcare's Intellectual Property Rights
- Access and Interference
- Disclaimer of Representations and Warranties
- Limitations on Simpson Healthcare's Liability
- Your Indemnification of Simpson Healthcare
- Ending your relationship with Simpson Healthcare
- Governing Law and Forum for Disputes
- DMCA/Copyright Policy
1. Accepting the Terms
The term “you” or “User” refers to a Visitor or a Member. The term “we” or “us” refers to Simpson Healthcare.
By using the information, features and functionality of the Site, including content and updates (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered with Simpson Healthcare and created an Account for the use of the Service).
You may not use the Site or Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Simpson Healthcare.
By accepting this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
This Agreement does not cover or permit the access of the Service except through the Site. Other forms of access (e.g., bulk access, access through an application programming interface) requires a separate agreement with Simpson Healthcare.
2. Your Use of the Service
You may use the Service only if you are 16 years or older and are not barred from using the Services under applicable law. If you are under 18, you must obtain permission from a parent or legal guardian before using the Service. Children under the age of 16 are strictly prohibited from using the Service. By using the Service, you represent and warrant to Simpson Healthcare that you have all requisite power and authority to enter into and comply with this Agreement.
Your right to access and use the Site and the Service is personal to you and is not transferable by you to any other person or entity. Your access and use of the Site and the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Service or other actions that Simpson Healthcare, in its sole discretion, may elect to take.
3. Privacy and your Personal Information
3.1 Data Protection
- These Service Terms incorporate the Simpson Healthcare GDPR Data Processing Addendum (“DPA”), when the GDPR applies to your use of Simpson Healthcare Services to process Customer Data (as defined in the DPA). The DPA is effective as of 25 May 2018 and replaces and supersedes any previously agreed data processing addendum between you and Simpson Healthcare relating to the Directive 95/46/EC.
- These Service Terms incorporate the Simpson Healthcare Supplementary DPA, when the GDPR applies to your use of Simpson Healthcare Services to process Customer Data.
- These Service Terms incorporate the Simpson Healthcare UK GDPR Addendum to the DPA, when the UK GDPR applies to your use of Simpson Healthcare Services to process UK Customer Data.
- These Service Terms incorporate the Standard contractual clauses for controller to processor (“Controller-to-Processor Clauses”) and the Standard Contractual Clauses between processors (“Processor-to-Processor Clauses”) approved by the European Commission Implementing Decision (EU) 2021/914 of 4 June 2021 (the “SCCs”). The SCCs will only apply when: (i) the GDPR applies to your use of Simpson Healthcare Services to process Customer Data; and (ii) Customer Data is transferred either directly or via onward transfer, to a country outside of the European Economic Area not recognized by the European Commission as providing an adequate level of protection for personal data subject to GDPR (together a “Data Transfer”). When you are a controller (as defined in the GDPR), the Controller-to-Processor Clauses will apply to a Data Transfer. When you are a processor (as defined in the GDPR), the Processor-to-Processor Clauses will apply to a Data Transfer.
4. Description of the Service
Simpson Healthcare provides the pharmaceutical, biotechnology, medical diagnostic, and device industries with a wide range of services in support of overall marketing strategies. These services include brand strategy, KOL development, advisory boards, speaker bureaus, live/virtual speaker training, content development, interactive patient case videos, sales force training, and community live events.
The Service may contain links to third-party websites or resources. Simpson Healthcare provides these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
5. For Informational Purposes Only
Simpson Healthcare does not warrant or guarantee the accuracy or completeness of any information contained in the service and shall have no liability whatsoever (including but not limited to) for any direct, indirect, special or consequential damages, loss of anticipated profits or other economic loss arising out of, in connection with or relating to the information contained herein, its use or reliance, or from the pursuit or provision of interested parties.
6. Account Registration Information
If you want to use certain elements of the Service, you'll have to create an account (“Account”). You can do this by providing your first name, last name, and email address to your Simpson account manager. Upon confirmation, you will receive and email containing link and temporary password, which you will forced to change upon login.
It's important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information to keep it accurate, complete and up to date. If you don't, we might have to suspend or terminate your Account. You agree that you won't disclose your Account password to anyone and that you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
7. Rights You Grant to Us
You may, but are not required to, provide Simpson Healthcare with feedback, suggestions or ideas (“Feedback”), including through the “Report incorrect company information” link on company profile pages. You agree that Simpson Healthcare may, in its sole discretion, reject or ignore your Feedback, or use your Feedback in any way Simpson Healthcare sees fit, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Simpson Healthcare a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the Feedback you provide to Simpson Healthcare in any way.
8. Simpson Healthcare's Intellectual Property Rights
The contents of Simpson Healthcare, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under United States and other applicable copyright, trademark and other laws. The contents of Simpson Healthcare belong or are licensed to Simpson Healthcare or its software or content suppliers. Simpson Healthcare grants you the right to view and use Simpson Healthcare subject to these terms. You may download or print a copy of information provided on Simpson Healthcare for your personal use only. Any distribution, reprint, or electronic reproduction of any content from Simpson Healthcare in whole or in part for any other purpose is expressly prohibited without our prior written consent.
9. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service or any portion or elements of the Service, without Simpson Healthcare's express written consent, which may be withheld in Simpson Healthcare's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other generally available third-party web browsers (such as Google Chrome, Mozilla Firefox, Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.
10. Disclaimer of Representations and Warranties
The service and all content associated with simpson healthcare or provided in or through the service are provided to you on an “as-is” and “as available” basis. Simpson Healthcare makes no representations or warranties of any kind, express or implied, as to the content or operation of the service, and disclaims all such warranties to the extent permitted under applicable law. You expressly agree that your use of the service is at your sole risk.
11. Limitations on Simpson Healthcare's Liability
Simpson Healthcare shall in no event be responsible or liable to you or to any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any indirect, special, incidental, consequential, exemplary, liquidated or punitive damages, including but not limited to loss of profit, revenue or business, arising in whole or in part from your access to simpson healthcare, your use of the service or this agreement, even if simpson healthcare has been advised of the possibility of such damages.
12. Your Indemnification of Simpson Healthcare
You shall defend, indemnify and hold harmless Simpson Healthcare and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney fees, in whole or in part arising out of or attributable to any breach of this Agreement by you, or your access to or use of the Service in violation of any applicable law, regulation or any third-party agreement or policies.
13. Ending your relationship with Simpson Healthcare
Simpson Healthcare may at any time, terminate this Agreement for any reason or no reason. Simpson Healthcare is not required to provide you notice prior to terminating your access to or use of the Service or any element thereof.
Simpson Healthcare may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Site, and if we have your email address, we will attempt to reach you at that email address to inform you that the Agreement has been changed. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
15. Governing Law and Forum for Disputes
You also acknowledge and understand that, with respect to any dispute with Simpson Healthcare, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Simpson Healthcare does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Simpson Healthcare has the benefit of under any applicable law), this will not be taken to be a formal waiver of Simpson Healthcare's rights and that those rights or remedies will still be available to Simpson Healthcare.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Simpson Healthcare shall have no liability for any failure or delay in the performance of its obligations caused by events beyond its reasonable control.
17. DMCA/Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, Simpson Healthcare will respond to claims of copyright infringement committed using the Services that are reported to Simpson Healthcare's designated copyright agent, identified below. At Simpson Healthcare's discretion and in appropriate circumstances (which circumstances may include, by way of example, users who repeatedly infringe others' copyrights), Simpson Healthcare may terminate the accounts of users who infringe upon the copyright, or other intellectual property rights, of others. If you believe that one of our users is a repeat infringer of your work, please let us know that in addition to the information required below. If you are a copyright owner, or authorized to act on behalf of one, please report alleged copyright infringement by contacting our copyright agent and including the following:
- Identify the copyrighted work that you claim has been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you are requesting be removed or to which access is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum (if applicable) the URL of the link shown on or through the Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to Simpson Healthcare's designated copyright agent:
230 Shore Road
Old Lyme, CT 06371