EXAMPLES OF BIG PHARMA FRAUD

Over the last few years, many drug companies have hit the headlines for allegedly committing fraud. This document reveals several pharmaceutical companies who have been reported for committing fraud.

Pharma Fraud Number 1: Merck
Recently Merck has been in the firing line for allegedly fraudulently representing the mumps component of its MMR vaccine. It has been alleged that Merck have been fraudulently informing the public that the MMR II, used to replace the MMR vaccine Pluserix, is an effective vaccine when this is not true because the studies proving the vaccines effectiveness are said to be falsified.

According to many reports the Mumps component of the vaccination is ineffective and that the results of the tests carried out on the vaccine have been altered. The Child Health Safety website (1) reporting the story states that whistleblowers working for Merck have said that they witnessed fraud firsthand when they worked for the pharmaceutical company, between 1999 and 2002, and that they were pressured to participate.

Child Health Safety have reported that virologists Stephen A. Krahling and Joan A. Wlochowski described a supervisor working for Merck manually changing test results that showed the vaccine wasn’t working and then hurriedly destroying the evidence to keep the fraud from being exposed.

According to the report the whistleblowers stated that the supervisor then lied to FDA regulators who came to the laboratories to check after they were alerted to the problem. Child Health Safety wrote:

“A top Merck vaccine official told Krahling the matter was a “business decision,” the suit says, and he was twice told the company would make sure he went to jail if he told federal regulators the truth.”

Pharma Fraud Number 2: Medical Imports Ltd
If this was not bad enough Merck’s behavior is said to have left millions of children unprotected against mumps. Perhaps this is why there was a sudden rush to approve the single mumps vaccine MediMumps for use in private clincs. (2)

This vaccine did not have a UK license when it was advertised. This was proven in an email from a member of the public after she had raised the question with the MHRA. The email from the MHRA customer services states:

“I understand that Medi-mumps is a registered trade mark belonging to Medical Imports Ltd.

I can confirm that Medi-mumps is not the subject of a valid UK Marketing Authorisation, nor is it the subject of a Marketing Authorisation granted by the European Medicines Agency. (own emphasis)”
It has also been established through telephone conversations that the advert advertising the vaccine has been removed from The Children’s Immunization Clinics website. My informant did ask if it was possible if MediMumps was in fact Pavivac but her question were met with a stony silence.

Did Medical Imports Ltd see trouble ahead for Merck and decide to go ahead and allow an unlicensed product to be advertised to meet the demands of thousands of potential parents looking for a single mumps vaccine alternative to protect their children? Lets face it. Big pharma never misses an opportunity to cash in where they see a possible gap in the market do they?

If so, this is what could be classified as another possible act of fraud. It certainly is a breach of advertising standards if nothing else.

Incidentally, the MediMumps vaccine also contains the Jeryl Lynn strain of mumps and is probably as useless as the mumps component in the MMR II for protecting a child against mumps!

Pharma Fraud 3: GlaxoSmithKIine
Much before the China bribery scandal of 2013, involving British drug major GlaxoSmithKline, the company had come under fire earlier too. This was a scandal that would become the largest healthcare fraud settlement in US history. The drug maker paid $3 billion for promoting two drugs for unapproved uses and failing to report safety data about a diabetes drug to the US FDA. (3)

The BBC said:

“The drug giant is to plead guilty to promoting two drugs for unapproved uses and failing to report safety data about a diabetes drug to the Food and Drug Administration (FDA).

The settlement will cover criminal fines as well as civil settlements with the federal and state governments. The case concerns the drugs Paxil, Wellbutrin and Avandia.”

In my opinion it is about time this drugs company was brought to justice. They have been in the headlines over the drug Paxil also known as Seroxat many times. The truth about this evil drug can be found on the blog Seroxat Sufferers Stand Up and Be Counted. (4) Bob Fiddaman displays many papers identifying the tainted and rather colorful history of GSK and the drug Paxil.

It may be worth mentioning at this point that GSK also manufacturers the HPV vaccination Cervarix which has also has had problems. In a promotional video (5) that I made with SaneVax a few years ago we exposed a few Cervarix flaws that GSK had apparently forgotten to mention in their 2008 advertising campaign for doctors.

Pharma Fraud 4: Roche
In June the pharmaceutical company Roche came under fire. Fierce Pharma (6) reported that the European Medicines Agency is working with national medicines agencies to investigate deficiencies in the medicine-safety reporting system of Roche. According to the report this includes looking at whether the deficiencies have an impact on the overall benefit-risk profile for any of the products involved. Fierce Pharma state:

“The deficiencies are identified in a May 2012 report from the UK medicines regulatory agency (MHRA) following an inspection at Roche. This was part of a coordinated European program of routine inspection of safety reporting systems.

At the time of the inspection the company identified some 80,000 reports for medicines marketed by Roche in the USA that had been collected through a Roche-sponsored patient support program, but which had not been evaluated to determine whether or not they should be reported as suspected adverse reactions to the EU authorities. These included 15,161 reports of death of patients and it is not known whether the deaths were due to natural progression of the disease or had a causal link to the medicine. More recent information from the company indicates a smaller number of reports, but this information needs to be verified by the authorities!”

After 15,161 deaths you would think someone would bother to investigate the drugs involved wouldn’t you? Whether it is negligence or fraud this should have been checked and verified surely?

Pharma Fraud 5: Pfizer
Again in June we see another company come under fire. Pfizer, hit the headlines for?… you guessed it, for deceiving the public. According to Recall Lawyers (7) an email circulated by a Pfizer research director indicated that a study conducted to determine whether Celebrex an arthritis drug was safer on the stomach than other drugs–such as ibuprofen–was falsely represented. The website states:

“According to news reports, Celebrex is no better at protecting the stomach from serious complications than other drugs. Pfizer and its partner, Pharmacia, were able to misrepresent Celebrex as a safer alternative because they only released the results of half of a yearlong study. The email states, “[t]hey swallowed our story, hook, line and sinker.” Not such a great email after all, as the perpetrator has now been exposed!

Recall Lawyers wrote:

“The email, sent in 2000, is among one of thousands of internal documents recently unsealed. And while the company’s handling of Celebrex has been known for years, since 2001 when the Food and Drug Administration (FDA) released the entire study, the unsealed documents point to a widespread effort on the part of Pfizer to promote the drug in ways not necessarily backed up by medical science, and to overcome the doubts of critics. The study which formed the subject of the researcher’s email was critical to Pfizer’s Celebrex campaign–Pfizer’s main selling point of the drug was its mild effect on the stomach.”

I feel that the words ‘to promote the drug in ways not necessarily backed up by medical science’, speak volumes and that this is practice is more widely spread than any of us could ever imagine.

Pharma Fraud 6: Abbott Laboratories
In May of 2012, Abbott Laboratories pleaded guilty and agreed to pay $1.5 billion for unlawfully promoting the prescription drug Depakote for uses not approved safe and effective by the Food and Drug Administration (FDA).

According to a press release from The United States Department of Justice, (8) Abbott pleaded guilty on the 7th May 2012 to misbranding Depakote by promoting the drug to control agitation and aggression in elderly dementia patients and to treat schizophrenia when neither of these uses was approved by the FDA.

The press release states:

“Abbott admits that from 1998 through 2006, the company maintained a specialized sales force trained to market Depakote in nursing homes for the control of agitation and aggression in elderly dementia patients, despite the absence of credible scientific evidence that Depakote was safe and effective for that use.   In addition, from 2001 through 2006, the company marketed Depakote in combination with atypical antipsychotic drugs to treat schizophrenia, even after its clinical trials failed to demonstrate that adding Depakote was any more effective than an atypical antipsychotic alone for that use.”

I believe this to be a terrible act of fraud because it puts many vulnerable elderly patients at risk. The FDA originally approved the drug for epileptic seizures, bipolar mania and the prevention of migraines. The press release clearly states that this drug was never approved for controlling behavioral disturbances in dementia patients. This was because the drug was found to be dangerous in elderly patients causing some of them to suffer from dehydration and anorexia after using this drug. This as we all know is extremely dangerous especially in the elderly.

Pharma Fraud 7: Takeda Pharmaceuticals
Finally on my wall of shame is Takeda Pharmaceuticals. In March 2012 Ury & Moscow L.L.C. (9) stated that Takeda was in court for failing to report that their diabetes drug Actos has been found to lead to bladder cancer and congestive heart failure.

They wrote:

“Actos, which is manufactured by Takeda Pharmaceuticals, has been used by thousands of patients in the U.S. to help treat diabetes. However, after further studies revealed that the drug is linked to increasing one’s risk of developing bladder cancer, thousands of claims have since been filed against Takeda for failing to adequately warn consumers about the dangerous side effects of its diabetes drug.”

Later in the report it says:

“According to the lawsuit, Takeda encouraged its medical reviewers to incorrectly classify some of the reports of congestive heart failure. Although some reports of the medical condition should have been classified as serious adverse effects, Takeda asked those who initially classified some of the reports as being serious to change their opinions, the lawsuit claims. The former Takeda employee who filed the whistle-blower lawsuit claims that she attempted to protest this practice, but when she did, she was fired by the drugmaker.”

It is clear that Takeda along with all the other companies on my wall of shame will do anything for financial gain, even putting vulnerable ill and disabled patients at risk.

Pharma Fraud 8: Cetero Research
The drug firm Cetero Research, for many years knowingly forged thousands of clinical trial documents for drug companies in order for them to gain FDA drug approval. (10)

The FDA declared that both an internal company investigation and a third-party audit revealed “significant instances of misconduct and violations” in conducting clinical trials. Between April 2005 and June 2009, there were at least 1,900 instances of fraud and falsified studies, and each one of these instances was falsely used to prove that a drug was safe before it went on the market.

The FDA actually has no idea which drug companies used Cetero’s services, and it is now asking drug companies to search their records and determine whether or not they contracted with Cetero.

Even a cursory analysis of this whole approach shows how utterly foolish it actually is. Does the FDA really think the drug companies that used Cetero, are going to willingly participate in this? Of course not. It would mean the companies would have to go back and redo their clinical trials if they fess up.

These are important questions that should be asked:

– Why does the FDA itself not have records of the research companies used for the drugs that it approves?

– Why is the FDA apparently unconcerned about the safety of these drugs, considering they were approved using falsified data?

– Why is the FDA not attempting to hold Cetero accountable for its actions, other than to make an announcement about them?

Pharma Fraud 8: Bayer (Cutter Biological)
Bayer knowingly sold H.I.V. infected medications to Asia and Latin America to prevent financial losses. (11,12) After a discovered H.I.V. outbreak in America amongst small, hemophiliac children was traced back to Bayer medications, the company began to sell a new, safe medication in the West, however they sent the old batches, many of which they knew were infected, to Argentina, Indonesia, Japan, Malaysia, and Singapore. The worth of this medication totaled more than $4 million.

As unbelievable as this report may seem, I was able to trace an original article to the New York Times. Published on March 18th, 1987, it states, “Bayer A.G., the giant West German chemical company, said today that it had been sued over its sale of hemophilia drugs that may have been infected with the AIDS virus.”

It continues that Bayer representatives stated that fewer than twenty patients filed liability claims against the company, however according to a later article from New York Times, published in 2003, there’s no way of really knowing how many people were infected. Most patient records are unavailable, and since the AIDS test wasn’t developed until later in the epidemic, it’s difficult to pinpoint when foreign hemophiliacs were infected. However, in Hong Kong and Taiwan, more than 100 hemophiliacs were recorded to have contracted the disease after taking medication from the old batches.

Bayer officials, of course, stated that they had “behaved responsibly, ethically and humanely” in selling the infected medications overseas. This was after they had promised the United States regulators that they wouldn’t sell it at all. They had apparently continued to distribute the old medications for three reasons—some customers doubted the drug’s effectiveness, some countries were slow to approve sales, and due to a shortage of plasma, which is used to make the medicine, they were unable to manufacture more of the new product.

The medicine, Factor 8, was made using donated plasma from 10,000 or more donors. Since there were no screening tests for H.I.V. at the time, taking the medication was extremely risky. In the United States alone, AIDS was ultimately passed on to thousands of hemophiliacs who had taken the medication before the infected batches were discovered. Many of them have died, and the incident is now considered one of the worst drug-related medical disasters in history.

Even though Bayer admitted no wrong-doing, they’ve paid out around $600 million in settlements. The Cutter Documents—a few of which have surfaced in the media—were produced in connection with these lawsuits and outline the company’s corruption.

Pharma Fraud 9: Merck Vioxx Scandal
In 2004, pharmaceutical company Merck abruptly announced a recall of Vioxx, which was a popular pain medication at the time. After the fact, it was discovered by the FDA that Vioxx significantly increased the risk of heart attack and stroke. By the time Vioxx was pulled from the market, nearly 25 million Americans had taken the drug, and it was tied to almost 40,000 deaths.  Many say that Vioxx was the worst drug disaster in history, and it is suspected that Merck and the FDA were working together to quiet the health concerns and keep the drug on the market. Fines and class action lawsuits followed, which ended up costing the company more than 5 billion dollars.

Pharma Fraud 10: Bristol-Myers Squibb Abilify Scandal
Abilify is an antipsychotic medication marketed by Bristol-Myers Squibb. In 2007, BMS had to pay over $515 million in fines because it was discovered that Abilify had been marketed for conditions that it had not actually been approved to treat. Even worse, the company had sales teams marketing the medication to nursing homes, even though they knew the drug had potentially fatal side effects for the elderly who suffer from dementia.

Pharma Fraud 11: Scientific Protein Laboratories
In 2008, the US Food and Drug Administration (FDA) announced a large-scale recall of heparin after discovering contaminated raw batches of the drug that had been manufactured in China by Scientific Protein Laboratories, a US firm. Heparin is injected into many people to prevent blood clots and is derived from slaughtered animal tissues such as pigs’ intestines and cows’ lungs. (13)

The recall followed an alleged 81 deaths and 785 other reports of severe injuries linked to the drug. Investigations identified the contaminant as an over-sulfated derivative of chondroitin sulfate, which can be used as a dietary supplement, but not as a medicine. Worst of all, several compelling reasons led authorities to believe that the contamination was deliberate, including the fact that it imitates the effect of heparin yet is a fraction of the price.

The motive for the contamination is thought to have been a combination of cost cutting and a lack of the right kinds of pigs in China. By early 2012, the FDA had added 22 Chinese heparin ingredient suppliers to an import alert list. Worryingly, the FDA also stated that it does not have enough money and that it is not up to them to inspect such overseas manufacturers on a regular basis.

Pharma Fraud 12: New England Compounding Center
In October 2012, the US Centers for Disease Control and Prevention (CDC) followed the trail of an outbreak of fungal meningitis back to the contamination of medication administered as epidural steroid injections. Packaged and sold by Massachusetts-based pharmacy the New England Compounding Center (NECC), the spoiled drugs had been sent to 75 clinics, hospitals and surgeries across 23 states. Between May and September of that year, approximately 14,000 patients received the medication.

While people reported symptoms in August, the infection was so strange that a common cause was not suspected until the following month. In fact, cases of meningitis attributed to the fungal varieties implicated were so rare that their discovery and treatment explored new medical territory.

By mid-January 2013, 678 people had contracted the fungal disease and 44 had died. Preliminary investigations found dirty, unhygienic conditions at the NECC – including steroid solutions contaminated with fungus. Authorities discovered that the NECC had distributed orders of the drug despite the fact that they were still waiting for test results that would indicate whether or not the shipment was sterile. By December 15, 2012, over 400 litigation proceedings had been launched against NECC.

How much money are we talking about anyway?

The 11 largest drug companies took $711.4 billion in profits over the 10 years ending in 2012, according to an analysis of corporate filings by Health Care for America Now (HCAN). The global pharmaceutical industry derived much of that profit from price-gouging the Medicare Part D prescription drug program for seniors and people with disabilities. Americans pay significantly more than any other country for the exact same drugs. In 2012 alone, the drug companies’ profits reached $83.9 billion, 62 percent higher than in 2003.

gallery-7Pharmaceutical Company Penalties: Worst Offenders, 1991-2015

gallery-8*Parent company at time of settlement. If company is non-existent now, name at time of most recent settlement was used.

**Percent of $35.748 billion in overall penalties.

***Total (433) listed here is greater than the total number of settlements over the 1991 – 2015 time period (373) as 18 settlements involved more than one company.

****Other companies (in order of total penalties paid): Actavis; Sanofi; Forest; Bayer; Endo; Par; Elan; King; Watson; Shire; UCB; Genentech; KV; BASF; CareFusion; Novo Nordisk; InterMune; AkzoNobel; Biovail; Bausch+Lomb; DFB; Glenmark Generics; Hi-Tech; Pharmacal; Hoffman-La Roche; Sun; Sandoz; Jazz; Baxter; B. Braun Melsungen; Eisai; Victory; Bolar; Dava; Takeda; Cell Therapeutics; Hikma; Medicis; Astellas; Upsher-Smith; Modern Wholesale Drug Midwest; Warner Chilcott; Barr; Perrigo; Taro; The Harvard Drug Group; Otsuka; Apotex; Warner-Lambert; Mallinckrodt; Cypress; Circa; Alpharma; Dainippon Sumitomo; Ferring; Insys; Pernix; Shionogi; Wockhardt; Lupin; Gilead; Valeant; Andrx; Aventis; Chinook; Evonik; Lonza; Mitsubishi Tanabe; Mitsui; Nepera; Solvay; Sumitomo; Vertellus.

While it may seem like a large sum, the approx. $35.7 billion paid by the pharmaceutical industry from 1991 through 2015 represents a miniscule fraction of drug company profits – just 5% of the $711 billion in net profits made by the 11 largest global drug companies during only 10 of those 25 years (2003-2012).(14)

It’s pretty sad that fines for Big Pharmaceutical companies breaking the law are just looked upon as the cost of doing business. Since these corporations are continuing to break the law, how are they not criminal enterprises? The FBI defines a criminal enterprise as “a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity.”

Corporations should likewise be eligible to be labelled as criminal enterprises, as they are groups of individuals with an identified hierarchy that can engage in significant criminal activity. Corporate directors and officials should thus be found guilty for the corporation’s bad acts, instead of just paying fines and going back to business as usual.

References
1. Child Health Safety Merck Vaccine Fraud – 2nd US Court Case Over MMR Vaccine http://childhealthsafety.wordpress.com/2012/07/02/merck-vaccine-fraud-2nd-us-court-case-over-mmr-vaccine/
2. VacTruth New Vaccine Made From Dog Cells May Trigger Allergies To Dogs http://vactruth.com/2012/05/25/vaccine-dog-cells-allergy/
3. BBC News GlaxoSmithKline to pay $3bn in USdrug fraud scandal http://www.bbc.co.uk/news/world-us-canada-18673220
4. Sexoxat Sufferers Stand Up And Be Counted http://fiddaman.blogspot.co.uk/
5. YouTube Cervarix Vaccine GSK’s Promotional Flaws http://www.youtube.com/watch?v=iD2i7YYAID4&feature=related
6. Fierce Pharma European Medicines Agency acts on deficiencies in Roche medicines-safety reporting http://www.fiercepharma.com/press-releases/european-medicines-agency-acts-deficiencies-roche-medicines-safety-reportin
7. Recall Laywers Securities Fraud Case against Pfizer shows Deception of Celebrex Safety http://www.the-recall-lawyers.com/2012/06/securities-fraud-case-against.html
8. Press Release United States Department of Justice Abbott Labs to Pay $1.5 Billion to Resolve Criminal & Civil Investigations of Off-label Promotion of Depakote http://www.justice.gov/opa/pr/2012/May/12-civ-585.html
9. Ury & Moscow L.L.C Attorneys and Councilors of Law EX-EMPLOYEE SAYS TAKEDA FAILED TO REPORT ADVERSE EFFECTS OF ACTOS http://www.connecticutdangerousdrugsandinjurieslawyers.com/2012/03/ex-employee-says-takeda-failed-to-report-adverse-effects-of-actos.shtml
10. Reuters, FDA finds U.S. drug research firm faked documents http://www.reuters.com/article/us-fda-cetero-violation-idUSTRE76P7E320110726
11. A.P. New York Times. Mar 18, 1987. (http://www.nytimes.com/1987/03/18/business/bayer-named-in-aids-suit.html)
12. Bogdanich, Walt and Koli, Eric. The New York Times. May 22, 2003. (http://www.nytimes.com/2003/05/22/business/2-paths-of-bayer-drug-in-80-s-riskier-one-steered-overseas.html?src=pm&pagewanted=1)
13. New York Times. APRIL 30, 2008. Heparin Contamination May Have Been Deliberate, F.D.A. Says. http://www.nytimes.com/2008/04/30/health/policy/30heparin.html
14. Public Citizen, Pharmaceutical Industry Settlements: 1991 Through 2015 http://www.citizen.org/documents/PublicCitizen-PharmaSettlements1991-2015-ChartBook.pdf

media-medical-propagandaMedia Medical Propaganda

medical-journals-are-basically-just-advertisements-nowMedical Journals are basically just advertisements now

medical-journals-are-stooges-for-big-pharmaMedical Journals are stooges for Big Pharma

ghostwritersGhostwriters

industry-sponsored-studies-favor-industryIndustry sponsored studies favor industry

negative-clinical-trials-dont-get-publishedNegative Clinical Trials dont get published

half-of-all-drugs-are-recalledHalf of all drugs are recalled

greed-and-fear-are-present-in-cancer-treatmentGreed and fear are present in cancer treatment

keeping-people-sick-makes-good-business-senseKeeping people sick makes good business sense

no-real-pharmaceutical-punishmentsNo real Pharmaceutical punishments

last-week-tonight-with-john-oliver_%20marketing-to-doctors-hboMarketing to Doctors

gifts-to-doctors-from-big-pharma-are-commonGifts to doctors from big pharma are common

government-corruption-via-big-pharmaGovernment Corruption via big pharma

natural-cancer-innovation-never-gets-research-fundingNatural cancer innovation never gets research funding

pharmaceutical-education-control-and-research-fundingPharmaceutical Education control and research funding

pharmaceutical-companies-influence-education-with-gifts-and-fundingPharmaceutical companies influence education with gifts and funding

prescriptions-are-not-the-answerPrescriptions are not the answer

people-just-take-too-many-pillsPeople just take too many pills

pharmaceutical-sales-rep-tacticsPharmaceutical Sales Rep Tactics

dr-peter-gotzsche-exposes-big-pharma-as-organized-crimeDr Peter Gotzsche exposes big pharma as organized crime

drug-companies-fake-study-resultsDrug companies fake study results

drug-companies-pay-for-resultsDrug companies pay for results

drugs-are-made-to-make-moneyDrugs are made to make money

dr-oz-the-secrets-drug-companies-dont-want-you-to-know-part-1Dr OZ The secrets drug companies dont want you to know part 1

dr-oz-the-secrets-drug-companies-dont-want-you-to-know-part-2Dr OZ The secrets drug companies dont want you to know part 2

fda-approval-is-often-based-on-conflicts-of-interestFDA approval is often based on conflicts of interest

fraudulent-drug-researchFraudulent drug research

bad-research-leads-to-drug-approvalsBad research leads to drug approvals

biased-drugs-study-resultsBiased drugs study results

big-pharma-control-of-medical-schools-and-researchBig Pharma control of medical schools and research

big-pharma-people-and-power-drug-moneyBIG PHARMA: People, Power and Drug Money

big-pharma-financial-drivers-of-education-and-careBIG PHARMA: Financial drivers of education and care

big-pharma-controls-the-research-fundingBig Pharma controls the research funding

big-pharma-extorts-peopleBig Pharma extorts people

healing-cancer-from-inside-out-fullHealing Cancer from Inside Out

 

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I do hereby declare, understand, agree and warrant that I am a copyright owner, or an authorized representative of a copyright owner of film, print, slide, movie, video, artwork, digital image, negatives or any other material in any format whatsoever (hereafter referred to as “COPYRIGHTED DATA”) which I believe to be, known to be, or suspect to be contained on the drfarrahcancercenter.com website.

I hereby freely grant a non-exclusive license to drfarrahcancercenter.com and its agents to reproduce these COPYRIGHT DATA in perpetuity, and I represent and warrant that I have the legal right and authority to grant such a license. I may at my discretion ask to be credited for my contribution or the contributor I represent to the drfarrahcancercenter.com site as a contributor whether this occurred with or without my knowledge, but even if I or the contributor I represent remains uncredited, this agreement shall survive since participation in the free flowing of information for the public at large is a paramount responsibility we all should share. Therefore, in the best interest of free-flowing information for the public at large, I am freely undertaking this agreement, and clearly warrant that I have the authority to do so. I agree to indemnify and hold harmless drfarrahcancercenter.com and any of its directors, officers, owners, employees, agents, suppliers, licensors, contributors, service providers, website hosting companies, trade partners, heirs and assigns from any and all liability, damages, and expenses (including reasonable actual attorney’s fees) that may incur as a result of use and publication of said material, including any claims brought by any person claiming an interest in the COPYRIGHTED DATA or their subject matter. I agree and warrant that anyone containing any format of data from drfarrahcancercenter.com contained in any medium outside of the drfarrahcancercenter.com website itself, is bound by this agreement, since acceptance of this agreement is the only way to legally access such data. In addition, I understand and agree that accessing or storing any format of data contained in any medium outside of the drfarrahcancercenter.com website where it is hosted, constitutes a violation of the copyright laws of Panama against the offending party. I understand and agree that if I copy, contain, possess, or transmit any such data from the drfarrahcancercenter.com site in any format outside of the website itself, that my possession of such materials is a violation of Panamanian laws, and I agree to destroy such data forthwith.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, change, suspension or discontinuance of the Service.

 

SECTION 5 – OPTIONAL TOOLS

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

 

SECTION 6 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 7 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 8 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 10 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall anyone affiliated with drfarrahcancercenter.com including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You understand and agree that no singular individual, group of individuals or entity in any form whatsoever is responsible or liable in any manner for any content generated on, for, or as a result of the existence of this site, since this is a community generated site. You understand and agree that as this is a community generated site, and as a result of this, there is no good way to control what users and contributors post on or through the sites and drfarrahcancercenter.com cannot be responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or even illegal user generated content you may encounter on the sites or, in connection with your use of the sites.

You understand and agree with the following statement made on behalf of drfarrahcancercenter.com, “We, on behalf of our directors, officers, employees, agents, suppliers, licensors, contributors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, general, special, punitive, incidental or consequential damages; loss of use: loss of data; loss caused by a virus: loss of income or profit: loss of or damage to property: loss of life: claims of third parties: or other losses of any kind or character, or the inability to use, the site or the content even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this site or any web site with which it is linked.”

 

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless drfarrahcancercenter.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 12 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by us. You may terminate use of the drfarrahcancercenter.com site, but this Terms of Use shall survive in perpetuity.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

 

SECTION 15 – GOVERNING LAW

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Panama.

 

SECTION 16 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

 

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Use should be sent to us at staff@drfarrahcancercenter.com

Upon agreeing to these terms and conditions, you gain access to the drfarrahcancercenter.com website and assume total responsibility for any and all actions undertaken by you as a result of your access to the drfarrahcancercenter.com website. You agree and understand that the terms of this agreement shall be binding upon you, your respective heirs, successors, assigns and legal representatives. You understand and agree that all provisions of this Terms of Use agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, licensing in perpetuity and limitations of liability.