Terms of Use
LAST UPDATED: JULY 30, 2020
Scope of Terms

Biotecharts Website (“Website”) is a website that allows users to track the biopharma market and product trends. It provides information about pharmaceutical companies, drugs, markets, categories, and patent details. The Website is created, owned and licensed by Scopic Software LLC (“Scopic”).

Before you start using, or otherwise accessing the Website, including any subdomains thereof, or any related mobile versions of the Website, please read this Terms of Use (“Terms”) carefully. These Terms constitute a legally binding agreement between you and/or the organization you represent and apply to your sole usage of the Website and/or usage of the Website on behalf of your organization.

Acceptance of Terms

If you are accepting these Terms on behalf of the legal entity, you represent and warrant that you have full authority to bind such entity to these terms, and references to “you” or “your” refer to the individual end-user and the entity.

By accessing the Website, you expressly acknowledge that you understand these Terms and accept them. By using the Website, you also agree to the Privacy Policy. Otherwise, if you don’t want to be bound by these Terms, you may decide not to use/access the Website.

Subsequent Versions

Scopic may modify these Terms by posting an amended version on the Website without any advance notice. Amendments are effective upon Scopic's posting of the new version of the Terms. If you continue to use the Website, this will be regarded as an acceptance of the amended Terms. Please review the Terms periodically for any changes or modifications.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Scopic reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Intellectual property rights

The Website and information/content provided on the Website are the exclusive property of Scopic. You acknowledge and agree that Website’s information/content is proprietary information that is protected under U.S. and international intellectual property laws.

You warrant that you will not use the Website:

  • to infringe the intellectual property rights of any third party;
  • to violate any applicable laws;
  • to disseminate, transfer or store information that is harmful, abusive, harassing, tortious, defamatory, vulgar, obscene or otherwise violate any law or right of any third party;
  • to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Website;
  • to run “bots”, “robots,” or any other automated processes;

Limited License
Subject to your compliance with these Terms, Scopic grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Website and the information/content provided on the Website for:
  • your private, non-commercial use;
  • commercial use that is limited to publishing charts on blogs, news, information websites provided that such use cannot be interpreted as reproduction, in part or in whole, of the Website in any way, shape or form.

You are allowed to download and/or make a copy of the charts provided on the website not more than 5 (five) times every 30 (thirty) days.

Any rights not expressly granted herein are reserved by Scopic.

Except as expressly authorized by Scopic, you agree not to reproduce, modify, create derivative works, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise use the Website, it’s content/information/materials in whole or in part. You shall not reverse engineer, reverse compile, or disassemble the object and/or source code of the Website. You may not remove any copyright notices, watermarks, trademarks, or other proprietary rights notices from Website materials.

Non-compliance with these Terms that results in reproduction, displaying, downloading of the Website content, information and materials or otherwise usage of them constitutes a material breach of these Terms.

Access by Automated Means

You agree not to access the Website by any means other than through the interface of the Website. You may not access or collect data from the Website using automated means (without Scopic’s prior permission) or attempt to access data that you do not have permission to access.

You shall not create and release any software on top of the Website in order to crawl, scrape, index, or use data accessed by the Website.

Payments and charges
The Website can be accessed free of charge. Scopic reserves the right to charge the fee for the access to the Website/content or to its part in the future.
Termination

You can terminate your account at any time for any reason. Scopic can terminate and erase your account at any time for any reason without any notice.

Scopic warrants that we will erase your data within 30 days after termination with the excursion to the data that is required to be stored by statutory requirements for tax and accounting purposes.

Governing law and dispute resolution

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association or its international branch ICDR in accordance with its Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The number of arbitrators shall be one. The place of arbitration shall be Boston, MA, USA. The language to be used in the arbitral proceedings shall be English.

These terms shall be construed in accordance with and governed by the substantive law of the Commonwealth of Massachusetts in the US.

Each party shall bear its own costs, irrespective of the outcome of the dispute.

THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS, AND EACH PARTY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
No warranty

Except as expressly provided for herein, the Website is provided on an “as is” and “as available” basis without any warranties of any kind, and Scopic disclaims any and all warranties, whether expressed or implied.

To the maximum extent permitted by applicable law, Scopic expressly disclaims all warranties and conditions, including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from a course of dealing or usage of trade.

Scopic does not warrant that the Website is error-free, free of viruses, available at all times/locations, and without interruption and that any of the defects in the operations will be corrected. Subsequently, Scopic is not liable should any of the aforementioned occur.

Scopic makes no warranty of any kind with respect to the completeness or accuracy of the information provided on the Website.

Data on the Website may be incomplete or contain inaccuracies should not be relied upon for investment decisions or other decisions.

Indemnity

By accepting these Terms you agree to protect, defend, indemnify and hold harmless Scopic from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Scopic directly or indirectly arising from your usage of the Website.

Limitation of liability

In no event shall Scopic be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive or consequential damages whatsoever, including any that may result from (1) your breach of these Terms; (2) your violation of any law or the rights of a third party.

Links to the Third-party services

If the Website contains links to other websites, platforms and applications not owned and operated by Scopic, Scopic does not provide any warranty or representation of any kind with respect to such third-party services.

Communications

By entering into these Terms or using the Website, you agree to receive communication from Scopic for marketing and non-marketing purposes. You may request to opt-out of receiving any marketing communication by contacting Scopic at contact@biotecharts.com.

Any legal notices, including pre-arbitration notices, copyright infringement notices, and requests connected with the consumer protection regulations, shall be sent at contact@biotecharts.com.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of these Terms.

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

Scopic may transfer or assign these Terms and its rights and obligations without your consent.

This Agreement constitutes the entire agreement between you and Scopic with respect to the subject matter and will supersede and replace all prior agreements.