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TERMS OF USE

WELCOME TO THE PFIZER WEBSITE FOR BREAKTHROUGH CHANGE ACCELERATOR. 

PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD NOT ACCESS AND/OR USE THE WEBSITE.

This Terms of Use is a legal agreement between you (either an individual or a single entity) and Pfizer, Inc. ("Pfizer") for the Breakthrough Change Accelerator website, which includes all content, features, functionality, programs, applications or services provided in or through the website (collectively, the "WEBSITE").  The WEBSITE made available to you is licensed, not sold, to you.  

1.    Use of WEBSITE. This WEBSITE and the information provided on this site is owned or licensed by Pfizer and are deemed confidential.  Your access to and use of the information contained in the WEBSITE is limited for the duration of the business relationship between the parties and is subject to this Terms of Use Agreement. 

2.    Content. Pfizer will use reasonable efforts to include accurate and up-to-date information on this WEBSITE but makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this WEBSITE and the content thereof is at your own risk. Pfizer disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Pfizer nor any party involved in creating, producing or delivering this WEBSITE shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this WEBSITE, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.  In no event shall Pfizer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one hundred dollars ($100.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

3.    No Support. Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the WEBSITE under this Agreement, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered "WEBSITE" and subject to the terms of this Agreement.


4.    Indemnification. You agree to indemnify, defend and hold harmless Pfizer, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.


5.    Privacy. Pfizer respects the privacy of its WEBSITE users. Please refer to Pfizer’s Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this WEBSITE. 


6.    Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication, photo or other material that you send to us through the WEBSITE or otherwise, is and will be deemed to be non-confidential and Pfizer shall have no obligation of any kind with respect to such information. Pfizer shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.


7.    Third Party Websites and Links. This WEBSITE may contain links or references to other websites maintained by third parties over whom Pfizer has no control. Such links are provided merely as a convenience. Pfizer makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party link does not imply an endorsement or recommendation by Pfizer.


8.    Medical Information. This WEBSITE may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.


9.    No Support. Pfizer has no obligation to provide you with any updates, new versions, enhancements, error corrections, or any other modification of the WEBSITE under this Agreement, but if Pfizer does so, in its sole and absolute discretion, any such modification shall be considered "WEBSITE" and subject to the terms of this Agreement


10.    Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Pfizer, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. 


11.    Copyrights. The entire contents of this WEBSITE are subject to copyright protection. Copyright © 2002-2020 Pfizer Inc. The contents may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this WEBSITE or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Pfizer. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Pfizer, or any third party.


12.    Void Where Prohibited. This WEBSITE is provided from the United States of America and all servers that make it available reside in the U.S.A.  The laws of other countries may differ regarding the access and use of the WEBSITE.  Persons who access this WEBSITE do so on their own initiative and are responsible for compliance with applicable local laws and regulations.  Pfizer makes no representations regarding the legality of the WEBSITE in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. 


13.    Termination. The license is effective until terminated by you, Pfizer or as stated in section 1 above. Your rights under this license will terminate automatically without notice from Pfizer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the WEBSITE, and destroy all copies, full or partial, of the WEBSITE.

14.    App Stores.  In addition to the other terms set forth here, you acknowledge and agree that: (i) this agreement is concluded between you and Pfizer, and not Apple, Inc. ("Apple") or Google, Inc. ("Google"); (ii) Pfizer, and not Apple or Google, is solely responsible for the WEBSITE and Digital Content; (iii) Apple and Google have no responsibility whatsoever to furnish any maintenance or support services with respect to the WEBSITE or Digital Content; (iv) in the event of any failure of the WEBSITE or Digital Content to conform to any applicable warranty, you may notify Apple or Google and they will refund the purchase price you paid for the WEBSITE and/or Digital Content, if applicable; (v) to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the WEBSITE or Digital Content; (vi) Apple and Google are not responsible for any claims that you have arising out of your use of the WEBSITE or Digital Content; (vii) Apple and Google will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the WEBSITE or Digital Content infringes that third party's intellectual property rights; (viii) Apple, Google and their subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary; and (ix) in the event that the WEBSITE provides access to or is used in connection with any sweepstakes or contest, Apple and Google are not sponsors of, or involved in any manner with, such sweepstakes or contest, and will not be responsible for any prizes offered in connection with such sweepstakes or contest. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.


15.    Governing Laws. This Terms of Use and your use of the WEBSITE shall be governed by the laws of the United States of America and the State of New York without regard to its conflicts of laws principles. Any legal action or proceeding related to this WEBSITE shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.


16.    Waiver of Jury Trial. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY, AND FREE FROM DURESS OR COERCION, WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL


17.    Export. You may not use or otherwise export or re-export the WEBSITE except as authorized by United States law and the laws of the jurisdiction in which the WEBSITE was obtained. In particular, but without limitation, the WEBSITE may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the WEBSITE, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons. 

18.    Miscellaneous. The failure of Pfizer to enforce any provision of this Terms of Use shall not be construed as a waiver or limitation of Pfizer's right to subsequently enforce and compel strict compliance with every provision of this Terms of Use.  If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Pfizer reserves the right to alter or delete materials from this WEBSITE at any time at its discretion.