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You are responsible for routinely reviewing the current version of this contract before using the system. The prior version of this contract is set forth following this current version for your reference and convenience.
The following Terms of Use and all applicable Account form a legally binding contract between you (‘member’) and Collaborative Marketing Solutions, LLC (‘CMS’). CMS is the owner and operator of a collaborative online business contact and information exchange, including related services and systems (collectively the ‘system’). You desire to have authorized access to the system. CMS authorizes access to its system subject to the following terms and webconditions of use (‘terms’). Your access to or use of the system is subject to these terms and CMS will not provide the Services except pursuant to these terms. This agreement is void where prohibited. In consideration for the mutual promises contained herein, you and CMS accept and agree to the following terms:
Section 1 - Age and Capacity Only registered members who are age 18 or older may access the system. You certify that you are at least 18 years old, have the legal capacity to form a binding contract and are not a person barred from accessing the system under the laws of any applicable jurisdiction.
Section 2 - Registration You are required to complete a registration process. You certify, represent and warrant that the information you provide is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the system to be interrupted, suspended or terminated. You are responsible for monitoring your account, changing your password periodically and notifying CMS immediately of any unauthorized use or breach of security of your password.
2.1 Screen Name You must select a unique screen name as your public identity on the system. Your screen name identifies you to other members. To protect your privacy, you should choose a screen name that does not reveal your identity.
2.2 Point and Rating System CMS uses a point and rating system. You may be awarded or penalized points based upon your activity on the system. CMS may adjust your point balance or rating, change system point values or modify the point and rating system at any time at its sole discretion. CMS may cancel, suspend or otherwise limit your access to your points balance if we suspect fraudulent, abusive or unlawful activity with respect to your account. You are responsible for all tax consequences that may result from your participation in the points system.
You may purchase points. Point purchases may be subject to volume and plan discounts according to your particular Account. All point purchases are final. Points have no monetary value and are not redeemable for cash or money, regardless of how you acquired those points. Points are not your personal property. Your only recourse for using Points is through the system. The scope, variety and types of services that may be obtained through the system using points can change at any time. Points can expire as set forth in your particular Account. As of the effective date of your cancellation or termination, you will forfeit your point balance. No refunds will be made for inaccurate data provided only replacement of points can be obtained but that is solely up to the discretion of CMS.
2.3 Consent Your registration information is not automatically entered into the system’s business contact database. You may choose to enter your own business contact information into the database or another authorized member may enter information that they have about you.
Section 3 - Subscription Accounts You must maintain an active subscription account at all times to have full access to the system. CMS offers a variety of subscription plans ("plans") at varying price and activity levels, including special promotional plans, some having minimum activity requirements or other conditions. The different access plans are designed to accommodate a wide variety of user preferences and each plan is subject to specific Account. Subscription fees and terms vary and additional conditions, restrictions and limitations may apply to each plan.
3.1 Account To view your particular Account, login and click on the "Member Login" link from any page of the site page. If your current plan or point level is not satisfying your needs, you may email us at
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for more information.
3.2 Method of Payment Payments may be made by credit card thru paypal. Unless otherwise indicated in your Account, your credit card will be charged on a recurring basis as long as your account remains open and active. Your account will remain open and active until your membership is canceled, suspended or terminated. You authorize CMS to charge your credit card for your recurring subscription fee payments as applicable based upon your Account. CMS is permitted to bill you as described in you Account, including any applicable tax and any other charges you may incur in connection with your use of the system. Additional charges may include individual point purchases and other requested data services.
3.3 Your Credit Card Information You are required to provide all information necessary to open and maintain your subscription account. For security purposes, certain plans may require that you to enter and maintain valid credit card information regardless of any applicable payment options. You authorize CMS to share information as is necessary to process your payments. CMS will use commercially reasonable business practices to secure your credit card information. You may change your credit card information at any time from the "Member Login" area. You shall keep your credit card information up-to-date at all times. You must promptly notify CMS of credit card loss, theft or unauthorized usage. Unless you provide such notice, you agree to pay all fees and remain liable for unauthorized usage of the system.
3.4 Refunds Once you purchase points thru the pharmacasters.com, pharmaleadexchange.com and/or pharmaverse.com you will not be able to refund them. Only credits will be replaced if data record is found to be not correct completely. This means there may be errors in the record but if you can make contact with record contact then sale is complete. Only If record contact is not with company anymore will replacement credits be awarded.
Section 4 - License & Use You are granted a license to access the system subject to this contract and all existing rights, restrictions and limitations. Your license is individual, personal, limited, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and terminable. Your license is limited to one authorized user per account.
You certify, represent, warrant and agree that you shall use the system and all information made available through the system for legal and legitimate business purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.
Section 5 - Intellectual Property and Proprietary Rights The system and the information made available through the system are subject to copyright, trademark, intellectual property, trade secret and other proprietary rights and their use by you beyond the terms of this contract is strictly prohibited without prior express written authorization. All rights are reserved.
You shall not copy, reproduce, duplicate, publish, display, transmit, distribute, give, sell, trade, resell, market, offer for sale, distribute, modify, create derivative works or otherwise exploit for valuable consideration any information made available through the system without the express written consent of CMS.
CMS respects the intellectual property and proprietary rights of others. To reach our representative for notice of claims of copyright infringement or other similar claims, please email us at
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.
Section 6 - Cancellation You may cancel your subscription account at any time and for any reason.
WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL NOT RECEIVE ANY REFUND OF YOUR SUBSCRIPTION FEE OR UNUSED CREDITS. WHERE APPLICABLE AND UNLESS OTHERWISE SET FORTH IN YOUR SPECIFIC ACCOUNT, YOUR ACCOUNT WILL REMAIN ACTIVE UNTIL THE END OF YOUR CURRENT SUBSCRIPTION TERM UNLESS OTHERWISE TERMINATED BY CMS. SUBSCRIPTION FEES WILL NOT BE PRORATED OR REFUNDED FOR PARTIAL-MONTH USAGE. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED. YOU WILL FORFEIT YOUR ACCUMULATED CONTACTS, POINTS, AND RATING UPON THE EFFECTIVE DATE OF YOUR CANCELLATION.
Section 7 - Termination CMS may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system. You will forfeit your accumulated contacts, points, and rating upon termination. YOUR SUBSCRIPTION FEE OR CREDITS WILL NOT BE REFUNDED OR PRORATED FOR PARTIAL-MONTH USAGE FOLLOWING TERMINATION.
Section 8 - Code of Conduct This section sets forth the CMS Code of Conduct (‘Code’). All members and visitors MUST fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.
8.1 Inputting Information You shall not enter illegal or improper information into the system, including, without limitation, the following:
- Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Information that is personal or non-business related;
- Mobile or cellular telephone numbers;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable;
- Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
- Information that is actionable or may subject CMS to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention.
8.2 Use of the System CMS has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
- For any purpose, activity or in any manner that is criminal, illegal or actionable;
- In violation of any local, state, national or international laws, regulations or conventions;
- To illegally ‘spam’ anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
- For unethical marketing activities;
- To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
- To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.
8.3 Acts against the System
You shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:
- Failing to maintain an acceptable member rating;
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;
- Emulating or faking usage of the system;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;
- Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of CMS;
- Tampering with the operation, functionality or the security of the system;
- Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;
- Misusing, tricking, disrupting or otherwise interfering with the system.
8.4 Suspected Misuse and Penalties CMS shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:
- Assessment of penalty points to your account;
- Suspension;
- Termination;
- Personal identification;
- Legal action.
CMS reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.
Terms of Use Agreement
9.1 Interruption and Errors CMS does not guarantee that the system will be uninterrupted or error-free. CMS may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice.
The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. CMS shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.
9.2 Securing Member Information CMS uses commercially reasonable business practices to secure its system. CMS does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.
9.3 Reliance and Assumption of Risk Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.
9.4 Disclaimer of Warranties CMS MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED ‘AS IS.’
ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9.5 Limitation of Liability YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CMS SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT CMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred or U.S. $25.00, whichever is greater. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
9.6 Indemnification You agree to indemnify, defend, and hold CMS harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.
9.7 Legal Inquiries and Requests In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize CMS to disclose information about you without a subpoena.
CMS, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. CMS may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of CMS. CMS reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
9.8 Choice of Law, Jurisdiction, Forum and Remedies This contract shall be governed by Pennsylvania law, regardless of the choice of law rules of any jurisdiction.
9.9 Changes to this Agreement CMS may change this contract at any time. Changes to this contract will be prominently posted to the system. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages on all CMS web properties. The most current version of the Terms of Use will supersede all previous versions. Changes shall take effect, unless otherwise indicated, thirty (30) after posting. If you do not agree with any changes, you have the option of canceling your subscription prior to the changes taking effect. Your use of the system or continued use of the system after changes take effect means that you agree to be bound by such changes.
Section 10 - Miscellaneous Terms
10.1 Third Party Links Our system contains links to other sites. CMS does not control or endorse those sites by linking to them. You are solely responsible for your use of those sites.
10.3 No Third Party Beneficiary This contract is only for the benefit of you and CMS. No third party has any right, claim or interest under this contract as a third party beneficiary.
10.4 Assignment You may not assign or transfer your rights or obligations under this contract.
10.5 Waiver Delay or failure to enforce any terms of this contract is not a waiver of such terms.
10.6 Entire Contract These terms, together with all applicable Account, form the entire agreement between you and CMS and supersede all related communications and prevails over any other provisions relating to its subject matter.
10.7 Severability of Terms If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.
10.8 Headings Headings are used for convenience and are not to be used for meaning or intent.
10.9 Correspondence and Notices All notices required by this agreement may be sent by email to
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or by registered mail to:
Collaborative Marketing Solutions, LLC POB 369 Kimberton, Pa 19442 Notices are effective upon receipt.
I HAVE READ THIS CONTRACT. I UNDERSTAND, ACKNOWLEDGE AND ACCEPT ITS TERMS. I CONSENT AND AGREE TO BE HELD TO THESE TERMS.
CMS Fair Information Statement Effective date January 1, 2009
Summary This Fair Information Statement applies ONLY to the business contact information that is compiled and available on CMS to our Community. THIS STATEMENT DOES NOT APPLY TO INFORMATION COLLECTED FROM OR ABOUT OUR COMMUNITY MEMBERS OR VISITORS DURING REGISTRATION OR USE OF CMS. Information collected from or about our community members, subscribers, users or visitors to Cms-interactive.com is covered in our separate Privacy Policy located on all our web properties.
Statement of Principles CMS is committed to the following principles:
Openness and Fairness: Be open, transparent and fair about our practices and policies with respect to the collection and use of business information.
Quality and Security: Utilize our Community and leading edge technology to build and maintain the most comprehensive, accurate and up-to-date database of business information possible. Maintain effective security measures to reasonably safeguard the data and its use.
Content Limitations: Collect information that is limited, relevant and necessary for the legitimate business purposes of CMS and our Community. Collect information that is obtained lawfully and by fair means. Prohibit the inclusion of non-business related (personal) information.
Compliance: Comply with all applicable law and prevailing industry standards. Monitor privacy and data protection developments. Encourage members to maintain compliance programs with respect to their own use of CMS business information.
Access and Choice: Ensure that each individual person whose direct business contact information is made available on CMS may easily:
- Find and access their information
- Update, complete or correct the data
- Set contact preferences and provide instructions to our Community
- Request removal or suppression of their direct contact information
- Choose to Opt-out from direct email marketing communications from CMS
Accountability and Responsibility: Be accountable and responsible for providing measures and resources which give effect to the above stated principles.
Limited Business Information Collected CMS makes the following business information about contacts available to our Community Members and customers: (1) Name, (2) Company, (3) Title, (4) Business Mailing Address, (5) Business Telephone Number, and (6) Business Email Address.
Sources of CMS Business Information Our Community members build and maintain CMS's database of business information. Business contacts may also add themselves to the database at any time. CMS may aggregate, supplement or enhance its business information from established, reputable sources and trusted data suppliers. CMS may also collect and include openly and freely available business information itself. Data providers may only contribute business information to CMS that they have a legal right to provide.
Business information on CMS may be readily available without restriction from any number of different data sources including the following types of information:
- Public records: Records created and maintained by government agencies and open for public inspection and use.
- Publicly available information: Information that is available to the general public from non-governmental sources.
- Non-public available information: Information that is privately owned and is not available to the general public or that is generally offered for a fee for use and redistribution without restriction.
- Openly available information: Information that has been made available without restriction by the contacts themselves or the companies, typically for their own convenience, competitive advantage, business benefit or other commercial purposes.
- Freely available information: Information that is accessible or available on the Internet or from other offline sources.
- Derived information: Partial or derived information from any combination of the above sources that is assembled, aggregated, appended, calculated or associated together.
Access and Control Individual business contacts may:
- Add their information to Cms-interactive.com
- Find and access their information
- Update, complete or correct the data
- Set contact preferences and provide instructions to our Community
- Request removal or suppression of their direct contact information
- Choose to Opt-out from direct email marketing communications from CMS or any of our online properties
Add Yourself to CMS Individual business contacts are encouraged to add their own contact information to any one of our web properties including, pharmaverse.com, pharmaleadexchange.com and pharmacasters.com by using the "Add Entry" link available throughout the www.cms-interactive.com website. Contacts may also sign up for a Free CMS account to join the Community and add their own information.
Preference Setting and Instructions Individual business contacts whose information is made available on CMS company websites are encouraged to notify the Community about their contact preferences and provide instructions to CMS members by using the "Contact US" link available throughout our website.
Removal and Suppression CMS voluntarily offers individuals the opportunity to request that their direct business contact information be removed or suppressed from Cms-interactive.com, under certain terms and conditions. The policy governing removal and suppression is not legally mandated.
Individual contacts may request removal or suppression of their direct business contact information from CMS web properties by submitting an online request thru our Contact Us link on all our web properties or by email to
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. Requests may otherwise be submitted by sending similar information by regular mail to:
Collaborative Marketing Solutions, LLC POB 369 Kimberton, Pa 19442
NOTE: REMOVAL FROM CMS-INTERACTIVE.COM MAY NOT NECESSARILY PREVENT REENTRY, PARTICULARLY IF THE SAME OR SIMILAR INFORMATION IS FREELY, OPENLY OR PUBLICLY AVAILABLE FROM OTHER SOURCES.
Request Processing and Response CMS will review and confirm requests upon receipt. Requests for access, correction, removal or suppression will be addressed and considered on an individual, case by case basis and based upon the information provided. CMS reserves the right, without obligation, to independently consider or reconsider any request. The burden of providing the necessary information to efficiently process any request shall remain on the requester at all times.
CMS's ability to reasonably consider any request will remain dependent upon the specificity of the information provided by the requester. CMS may contact requesters to obtain additional information, confirm information or verify requests at its discretion.
A request may result in all, some or none of the information being corrected, removed or suppressed depending upon the particular circumstances and conditions. There is no fee or charge for request processing.
Responses will be made in a timely manner using the direct contact information available or provided by requester.
Opt-Out of Email Marketing from CMS If your direct business contact information is on Cms-interactive.com, you may "opt-out" of receiving direct marketing email communications initiated or sent by CMS by emailing
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If you have received direct marketing email from CMS, you may request not to receive similar email communications from CMS by following the "opt-out" instructions set forth in the particular message received.
Accountability and Questions CMS has designated a representative with responsibility for the data protection and privacy policies. For questions about CMS's data policies or practices, please contact
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or call 1-888-291-8886.
Online Privacy Policy (Applicable to Members, Users and Visitors) CMS Privacy Policy applies to information collected online from and about our Community members, users and visitors to Cms-interactive.com. For more information, see our Privacy Policy.
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