Terms of Use for FirstImpact Reports

These Terms of Use govern your access to and use of FirstImpact reports provided to you by FirstWord Publishing. If you do not accept these Terms of Use, you must not access or use reports provided by FirstWord Publishing. By submitting payment of the applicable fees, if any, and/or by accessing and using FirstImpact Reports, you indicate your acceptance to be bound by these Terms of Use.

1. Registration and Security
2. FirstImpact Reports Prices
3. Payment of fees
4. Delivery and Returns
5. Access, Use, and Restrictions on Use
6. Cancellation of the FirstImpact Reports service
7. Third-party Web Sites, Links, and Information
8. Nature of the Service
9. Changes to the Terms of Use
10. Disclaimers of Warranties and Limitations on Liability
11. User Indemnification
12. General

1. Registration and Security.
Upon ordering a FirstImpact Report, you agree to provide accurate and complete information about yourself, as requested via our payment pages on our website, and to update this information as necessary. Registration information provided by you will be used by FirstWord Publishing in accordance with our Privacy Policy and may be processed in the United States or in any other country where FirstWord Publishing carries out its activities. By ordering FirstImpact Reports, you consent to the transfer of information outside of your country.

2. Report Prices.
The fees for FirstImpact Reports are identified on our website. We make every effort to list the correct fees, but occasionally a fee may be incorrectly listed. If a fee is listed incorrectly for a report that you have ordered, it is at FirstWord Publishing’s sole discretion to either cancel the order for such a report and notify you of such cancellation; or to deliver the item to you electronically at the incorrect fee.

3. Payment of fees.
You agree to pay the fees and other charges incurred in connection with your order and use of FirstImpact Reports (including any applicable taxes) at the rates in effect when the fees or charges were incurred. The associated fees are payable immediately by credit card or you can choose to be invoiced for subsequent payment.

1. Credit card - By submitting credit or card payment details to FirstWord Publishing, you warrant that you are entitled to order the FirstImpact Reports using those payment details. In the case of unauthorized payments, FirstWord Publishing reserves the right to suspend or terminate your access to the FirstImpact Reports. If we do not receive payment authorization or if any authorization is subsequently cancelled, we may immediately terminate or suspend your order of a FirstImpact Report.
2. Invoicing – If you select to be invoiced for a FirstImpact Report, we will invoice you for fees and charges upon acceptance of an order. The FirstImpact Report will be dispatched to you once full payment has been received by FirstWord Publishing.

If you are authorized to receive FirstImpact Reports through an arrangement with your employer, some or all of these "Payment" terms may not apply to you. Please contact your employer for details.

4. Delivery and returns.
Reports will be delivered to you in the content format, delivery method and timeline specified in our website. However, FirstWord Publishing reserves the right to modify the format, method and timing of delivery at any time and at its sole discretion. If you object to any material change in FirstImpact Reports, you may cancel your order by providing us with notice of your intent to do so and receive a refund for any ordered report not yet dispatched to you by FirstWord Publishing.

FirstWord Publishing can not accept cancellations of orders once the items has been dispatched, nor can returns of reports be accepted once they have been dispatched.

5. Access, Use and restrictions on Use.
Once you have ordered a FirstImpact Report, it will be sent to you electronically as set forth in the delivery schedule outlined on our website. Upon receipt of the FirstImpact Report, we grant to you a limited, non-exclusive, non-transferable license to access and use the FirstImpact Report and print a single copy of the report for your own use. You may not photocopy, republish or distribute any aspect of the FirstImpact Report, without written consent from FirstWord Publishing. You agree not to sell, rent, publish, distribute, retransmit, modify, create derivative works of or otherwise provide access to the content received or accessible through the FirstImpact Report to any other person, including, but not limited, other persons in your organization and outside consultants without the prior written consent of FirstWord Publishing.

You are responsible for all use, activities, and fees associated with or arising from your order and use of the FirstImpact Reports. You must promptly notify FirstWord Publishing of any unauthorized or unlawful use of any FirstImpact Report of which you are aware.

Certain materials available via the FirstImpact service, including without limitation FirstWord articles, are the property of FirstWord Publishing, its licensors or their respective owners as indicated. You may not remove or alter the copyright or trademark notice on any material on FirstImpact Reports.

You acknowledge that FirstWord and FirstImpact Reports are service marks of FirstWord Publishing or its licensors and you may not use these service marks without written permission from FirstWord Publishing. All trademarks and service marks not owned by FirstWord Publishing are the property of their respective owners.

FirstWord Publishing reserves the right to cancel your order or access to FirstImpact Reports if, in our opinion, your use of the reports may violate any laws, infringe upon another person's rights or violate these Terms of Use.

6. Cancellation of the FirstWord Service.
FirstWord Publishing may stop the operation and/or production of the FirstImpact Reports at any time without notice to you. If FirstWord Publishing cancels all or part of any of the FirstImpact Report service, it shall not incur any liability to you, other than the refund for any ordered report not yet dispatched to you by FirstWord Publishing.

7. Third-party Web Sites, Links, and Information.
The FirstImpact Reports may contain information, products, and services provided by third parties and links to Internet web sites made available by third parties. These parties may have additional restrictions, terms, and conditions governing use of their content, for which you will be subject to. FirstWord Publishing does not control third-party web sites and FirstWord Publishing does not make any representations or warranties, express or implied, regarding information, products, or services associated with such web sites. The inclusion of any links to third-party web sites and information in FirstImpact Reports does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with FirstWord Publishing with respect to any third party, any third party’s web site or its content, or any information, products, or services provided by a third party.

8. Nature of the Service.
FirstImpact Reports are an informational service for pharmaceutical professionals and do not constitute any form of medical or healthcare advice, recommendation or representation. No content provided through FirstImpact Reports is intended to be relied on for medical advice, diagnosis or treatment. Please contact a licensed physician, health care provider, or pharmaceutical manufacturer with questions involving a medical condition or treatment. Never disregard medical advice or delay in seeking it because of something you have received or accessed through any FirstImpact Reports.

9. Changes to the Terms of Use.
These Terms of Use were published on June 21, 2007. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. We suggest that you check these Terms of Use periodically for changes. These Terms of Use can be accessed through the “Terms of Use” link on our website. Your continued use of the website following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use.

10. Disclaimers of Warranties and Limitations on Liability.
While FirstWord Publishing takes reasonable measures to ensure that reports which are sent to you electronically are free of infection by viruses or other harmful properties; FirstWord Publishing can not guarantee or warrant that they will be free of such properties.

FIRSTWORD PUBLISHING PROVIDES FIRSTIMPACT REPORTS SOLELY ON AN "AS IS BASIS," AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING FIRSTIMPACT REPORTS AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF TITLE, NON-INFRINGEMENT, OR ACCURACY. IN NO EVENT WILL FIRSTWORD PUBLISHING OR ANY OF ITS AFFILIATES, AGENTS, LICENSORS, SUCCESSORS, ASSIGNS, OR LEGAL REPRESENTATIVES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF (OR FAILURE TO USE) OR RELIANCE ON FIRSTIMPACT REPORTS, EVEN IF FIRSTWORD PUBLISHING HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY ARISE. FIRSTWORD PUBLISHING DOES NOT GUARANTEE THE ACCURACY, CONTENT, OR TIMELINESS OF FIRSTIMPACT REPORTS AND FIRSTWORD PUBLISHING SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR INJURY RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF, FAILURE TO PROVIDE, DELAY IN RECEIVING, OR RELIANCE ON DATA OR CONTENT CONTAINED THEREIN. In no event shall any liability of FirstWord Publishing, its affiliates, agents, licensors, successors, assigns, or legal representatives, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with a FirstImpact Report exceed the amount you paid to FirstWord Publishing for the FirstImpact Report that is the subject of the claim.

11. User Indemnification.
You agree to indemnify, defend, and hold FirstWord Publishing, its affiliates, and their employees, officers, contractors, directors, shareholders, legal representatives, agents, successors, and assigns from and against any and all claims, liabilities, suits, demands, damages, losses, judgments, fines, penalties, interest, costs and expenses (including reasonable attorneys’ fees and professional and court costs) directly, indirectly, wholly or partially arising from or relating to any breach of these Terms of Use by you, or any act or omission by you in activities arising from or relating to FirstImpact Reports.

12. General.
These Terms of Use contain the final and entire agreement between us regarding your use of the FirstImpact Reports and supersedes all previous and contemporaneous oral or written agreements regarding your use of the reports. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. Any attempted assignment in violation of this paragraph shall be void. These Terms of Use and the relationship between you and FirstWord Publishing shall be governed by and construed in accordance with the laws of the State of New York, as applied to agreements entered into and completely performed in New York. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sales of Goods shall not apply to this Agreement. If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.