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POLLEN.COM WEBSITE TERMS OF USE AGREEMENT.

Last Updated: 1/27/2010

Use of the POLLEN.COM website and its services are subject to the following Terms of Use Agreement ("TOU"). POLLEN.COM reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.

DESCRIPTION OF SERVICES
POLLEN.COM provides you with access to a variety of resources ("Services") including general information, message and/or communication facilities, allergy forecasts, histories and comparisons, etc. and may include a POLLEN BLOG section that can be accessed only the general public. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

USE OF CONTENT
Use of POLLEN.COM content (documents, whitepapers, graphics, logos, software, forums, polls, forecasts, charts, comparisons, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media or sell any information, software, products or services obtained from the Services unless expressly permitted by POLLEN.COM. Elements of POLLEN.COM websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to POLLEN.COM and IMS Health Incorporated is licensed or otherwise published by POLLEN.COM and IMS Health Incorporated with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

LIMITS OF LIABILITY
POLLEN.COM makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided "as is," and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall POLLEN.COM, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from POLLEN.COM through the website, POLLEN.COMís liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if POLLEN.COM so chooses.

EXTERNAL LINKS
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by POLLEN.COM as a convenience to its users. POLLEN.COM is not responsible for the materials contained at any website linked to this site.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any POLLEN.COM website, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any POLLEN.COM server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION SERVICES
The Communication Services may contain forums, forecasts, histories, and/or other comparison or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:

  1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  2. Advertise or offer to sell or buy any goods or services.
  3. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  4. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  5. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
  6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  7. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  8. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
  9. Harvest or otherwise collect information about others, including e-mail addresses.
  10. Violate any applicable laws or regulations.
  11. Create a false identity for the purpose of misleading others.
  12. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

POLLEN.COM reserves the right to review materials posted to the POLLEN BLOG services and to remove any materials at its sole discretion. POLLEN.COM reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information in any Services. POLLEN.COM does not control or endorse the content, messages or information found in any Communication Services and, therefore, POLLEN.COM specifically disclaims any liability with regard to the POLLEN BLOG Services and any actions resulting from your participation in any POLLEN BLOG Services.

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