WEB SITE AGREEMENT
Copyright ©1996-2010 AmerisourceBergen Specialty Group, Inc. All rights reserved.
The entire contents of this Web Site are copyrighted under United States copyright laws by ABSG. No part of this Web Site may be reproduced, stored in a retrieval system, transmitted or retransmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ABSG. You may print and download portions of material from the different areas of the Web Site solely for your own informational, non-commercial, individual, and internal reference, provided that you reproduce the copyright notice which appears in the first line of this Section on Copyrights. Software and other material downloaded from the Web Site (“Software”) is the property of ABSG or its licensors and is protected by United States and international copyright and intellectual property laws and treaty provisions. All rights to patents, copyrights, trademarks, service marks, trade secrets and other intangible property rights in the Software or any modifications to it shall remain in ABSG and its licensors. You may not modify, reverse engineer, decompile, disassemble or create derivative works based on the Software, or remove any proprietary notices or labels that it contains. Subject to the foregoing, you may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from different areas of the Web Site solely for your own informational, non-commercial, individual reference, provided that you reproduce the copyright notice which appears in the first line of this Section on Copyrights. Any other copying, distribution or publication is strictly prohibited without the express prior written consent of ABSG.
Any unauthorized use terminates the permission or license granted by ABSG.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Web Site in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Web Site; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon ABSG actual knowledge of facts or circumstances from which infringing material or acts are evident.
ABSG’s notice address for claims of copyright infringement is:
AmerisourceBergen Specialty Group, Inc.
Attn: Vice President and Group Counsel
3101 Gaylord Parkway
Frisco TX, 75034
We suggest that you consult your legal advisor before filing a copyright infringement notice. You should note that there can be penalties for false claims under the DMCA.
USER PROVIDED INFORMATION AND USER GENERATED CONTENT
ABSG does not want to receive confidential or proprietary information from you and, as such, any information you provide to ABSG through the Web Site, such as questions, comments, suggestions, ideas, or the like will be provided without obligation of any kind, and ABSG will be free to reproduce, use, disclose and distribute such information to others without limitation. You agree to grant to ABSG a non-exclusive, royalty-free, worldwide, perpetual license, with the right to use, sublicense, reproduce, distribute, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas for new or improved products and services) you submit to ABSG through the Web Site (including through e-mail, bulletin boards, forums or news groups) by any means and in any medium. You also grant to ABSG the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising and promotional material related to it. You agree that you will have no recourse against ABSG for any infringement or misappropriation of any proprietary right in your communications to us.
ABSG service and product names, including AmerisourceBergen®, are trademarks and/or service marks of AmerisourceBergen Corporation and/or its subsidiaries. These and all other names, logos and marks on the Web Site are owned or licensed by ABSG and may not be used by you without express prior written permission from ABSG.
INCLUSION OF OTHER NOTICES AND TERMS
Links in the Web Site may let you leave ABSG’s Web Site. The linked sites are not under the control of ABSG and ABSG is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ABSG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or adoption by ABSG of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as infection viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties and other items of a harmful or destructive nature. It is also your responsibility to review the privacy statements on any linked sites because their privacy rules may be different than ABSG’s and ABSG is not responsible for their privacy statements or practices. You can view our privacy statement here at the link below. You should also review the terms and conditions of any linked sites.
ABSG welcomes bookmarks and links to its Web Site. You are free to establish a hypertext link to this Web Site as long as the link does not state or imply any sponsorship or endorsement of your site by ABSG or any of its affiliates. You may not frame any content of this Web Site or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including images, text, page layout, or form), without ABSG’s prior written consent. Nor may you incorporate any intellectual property of this Web Site. ABSG does not want anyone to be confused as to which information and services are provided by ABSG and which are not. You may not use any meta tags or any other “hidden text” utilizing ABSG’s name or trademarks without the express written consent of ABSG.
LIMITS ON ACCURACY
The Web Site was developed as a service by ABSG to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. It is important that you rely on the advice of an appropriate professional when interpreting and using this information. Nothing contained in any presentation is to be construed as medical, legal, investment, financial or other advice. This information is not intended to be a substitute for such advice.
ABSG makes no warranties or representations as to the accuracy of any information on the Web Site. All users agree that all access to and use of the Web Site is at their own risk.
Information on the Web Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ABSG may also make improvements and changes in the products and services described in the Web Site at any time without notice.
PRODUCTS/PROGRAMS NOT AVAILABLE EVERYWHERE
Information ABSG publishes on the Web Site may contain references or cross-references to ABSG products and services that are not announced or available in your locale. Such references do not imply that ABSG intends to announce such products or services in your locale. To ensure that you have current and accurate information about products and services of interest to you, please contact your local ABSG representative.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Web Site and Software, you agree not to use the Web Site or Software for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree not to use the Web Site or Software in any manner that could damage, disable, overburden, or impair any ABSG server, or the network(s) connected to any ABSG server, or interfere with any other party's use and enjoyment of the Web Site and Software. You agree not to attempt to gain unauthorized access to the Web Site or Software, other accounts, computer systems or networks connected to any ABSG server or to the Web Site, through hacking, password mining, or any other means. You also agree to not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site or Software.
Although ABSG makes a genuine effort to ensure the security of information and transactions conducted on its Web Site, including employing encryption technology, it cannot and does not guarantee communications and transactions conducted online will be secure. You acknowledge this and that system failures may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of ABSG's online services, including the risk posed by any breach in the security of communications and transactions you conduct with ABSG online.
You are solely responsible for maintaining the confidentiality of your password and other security devices and agree ABSG will have no obligation with regard to them. You are also entirely responsible for any and all activities that occur under your account and you may not use anyone else's account at any time without the permission of the account holder. You agree to notify ABSG immediately of any unauthorized use of your account or any other breach of security. ABSG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by ABSG or another party due to someone else using your account or password.
For purposes of identification, billing and marketing, you agree to provide ABSG with accurate, complete and up-to-date information required for the services and, specifically, you agree to notify ABSG within 20 days of any changes in any such information.
DISCLAIMER & LIMIT ON DAMAGES
You understand that ABSG cannot and does not guarantee that any software or other material available from or on this Web Site will be free of infection, viruses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume all responsibility and risk for your use of the Web Site, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material and reports provided through or generated by the Web Site. ABSG does not warrant that the Web Site will be uninterrupted or error-free or that defects in the Web Site will be corrected.
Software or other material provided on this Web Site and related communications are provided "as is" for information purposes only and ABSG makes no guarantee or warranty with respect to correctness, reliability, accuracy or appropriateness of the material or the results obtained from the use of the services provided on the Web Site. In addition, all warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if ABSG or its authorized representatives have been advised of the possibility of any such purpose), or non-infringement. ABSG has no obligation or duty to update any information on this Web Site.
In no event will ABSG or any party involved in creating, producing, hosting or distributing the Web Site be liable to any party for any direct, indirect, special, or other consequential damages, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if ABSG or its authorized representatives have been advised of the possibility of such damages, for any claim attributable to use of this Web Site, including any damages due to errors, omissions, or other inaccuracies in the Web Site or software or other material downloaded through or hyper linked from the Web Site. In any event, the total of all damages, including direct damages (whether grounded in contract, tort or otherwise) arising under or related to the Web Site, or the results obtained therefrom, will be limited to the aggregate amount of all sums paid by you to ABSG for services provided through the web site during the one (1) month prior to the date on which such damages were first incurred, or if you do not pay for any services rendered to you through this Web Site, $100. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, ABSG’s liability is limited to the greatest extent permitted by law.
ORDERING SYSTEM DISCLAIMER
Any ordering system on or linked to this Web Site is designed solely for ordering drugs and other products. Although some products may appear to be the generic or therapeutic equivalent of the original product, their equivalencies may differ. For professional information including product substitution data and to insure complete patient safety, please refer to a USP/DI or other professional resource.
You agree to indemnify, defend and hold harmless ABSG, its affiliates and their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any information you provide or from any violation of this Agreement by you.
No information on this Web Site will be construed so as to be contrary to law, and whenever there is a conflict between any provision of this Agreement and any present law or regulation contrary to which the parties may not agree, such law or regulation will prevail; however, in such event, the affected provisions will be limited only to the extent necessary to bring them within the requirements of the law and to otherwise carry out the purposes of this Agreement.
By accessing or using the Web Site, you agree it is intended to be accessed and used only within the United States, Canada and the United Kingdom, and will be only construed according to United States law. Any access or use from other locations is subject to your compliance with all applicable local laws. ABSG makes no representation that material on the Web Site is appropriate outside the United States, Canada and the United Kingdom. Information concerning pharmaceutical distribution services applies only to services provided within the United States and is subject to all applicable state and local laws.
This Agreement will all be governed and construed in accordance with the internal laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between ABSG and you for any purpose concerning this Agreement or the parties' obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in Chester County, Pennsylvania, USA. Any claim or cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any rights not expressly granted herein are reserved to ABSG. ABSG’s failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of this Agreement. ABSG may assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations and agreements, which may have been entered into by the parties to this Agreement that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors and assigns of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party’s reasonable control. Any provision of this Agreement may survive this Agreement's termination if the provision's context shows that the parties to this Agreement intended the provision to survive.
Sponsor: AmerisourceBergen Specialty Group, Inc.
3101 Gaylord Parkway
Frisco TX, 75034