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AmerisourceBergenSM WEB SITE AGREEMENT
AmerisourceBergen Drug Company ("AmerisourceBergen") maintains this AmerisourceBergen.com web site (the "Web Site") as a service to its customers that prefer to use the Internet, subject to your compliance with the terms set forth in this Agreement. Please read this Agreement carefully before accessing or using the Web Site. By using this Web Site you agree to be bound by the terms of this Agreement. If you do not wish to be bound by these terms, you may not access or use the Web Site. AmerisourceBergen may modify this Agreement at any time, and such modifications will be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Site after any modification will be deemed your conclusive acceptance of the modified Agreement. Proceeding to use the Web Site indicates your acknowledgment you have read and accepted these terms and conditions.
COPYRIGHTS
Copyright 1996-2001 AmerisourceBergen Corporation. All rights reserved. The entire contents of this Web Site are copyrighted under United States copyright laws by AmerisourceBergen . 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 AmerisourceBergen . You may print and download portions of material from the different areas of the Web Site solely for your own non-commercial, individual reference. Software and other material downloaded from the Web Site ("Software") is the property of AmerisourceBergen 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 AmerisourceBergen 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 non-commercial, individual reference. Any other copying, distribution or publication is strictly prohibited without the express prior written consent of AmerisourceBergen .
AmerisourceBergen does not want to receive confidential or proprietary information from you and, as such, any information you provide to AmerisourceBergen through the Web Site, such as questions, comments, suggestions, ideas, or the like will be provided without obligation of any kind, and AmerisourceBergen will be free to reproduce, use, disclose and distribute such information to others without limitation. You agree to grant to AmerisourceBergen a non-exclusive, royalty-free, worldwide, perpetual license, with the right to 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 AmerisourceBergen 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 AmerisourceBergen 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 AmerisourceBergen for any infringement or misappropriation of any proprietary right in your communications to us.
TRADEMARKS
AmerisourceBergen service and product names, including AmerisourceBergen Drug Company®, Ad Track™, Good Neighbor Pharmacy®, RxPlus™, AccuSource®, Pharmacy Data Services™, Retail Systems Solutions™, myGNP.com™, New Product Placement Program™, PatientPlus®, PlusCare®, AmerisourceBergen Preferred Program™, RxCapture™, RxFocus™, SuperBid 2000™, Pro Generics™, RightPak™, IndiCare™, AccuLine™, PrimeLine™, InterLinx® and Today's Healthcare®, are trademarks and/or service marks of AmerisourceBergen Corporation and/or its subsidiaries. All other names, logos and marks on the Web Site are owned or licensed by AmerisourceBergen and may not be used by you without express prior written permission from AmerisourceBergen.
INCLUSION OF OTHER NOTICES
This Web Site may contain other notices and copyright information, including AmerisourceBergen 's home page http://www.AmerisourceBergen.com/, the terms of all of which must be observed and followed. Information provided on this Web Site does not constitute an offer to sell any particular product or service or engage in any other commercial transaction until AmerisourceBergen accepts your order.
LINKS
Links in the Web Site may let you leave AmerisourceBergen 's Web Site. The linked sites are not under the control of AmerisourceBergen and AmerisourceBergen 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. AmerisourceBergen is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AmerisourceBergen 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 destructive nature. It is also your responsibility to review the privacy statements on any linked sites because their privacy rules may be different than AmerisourceBergen 's and AmerisourceBergen is not responsible for their privacy statements or practices. You can view our privacy statement here[link].
AmerisourceBergen 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 AmerisourceBergen or any of its affiliates. You may not frame any content of this Web Site without AmerisourceBergen 's prior written consent. Nor may you incorporate any intellectual property of this Web Site. AmerisourceBergen does not want anyone to be confused which information and services are provided by AmerisourceBergen and which are not.
LIMITS ON ACCURACY
The Web Site was developed as a service by AmerisourceBergen 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.
AmerisourceBergen will use reasonable efforts to include accurate and up-to-date information on the Web Site, but AmerisourceBergen makes no warranties or representations as to its accuracy. 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. AmerisourceBergen 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 AmerisourceBergen publishes on the Web Site may contain references or cross-references to AmerisourceBergen products and services that are not announced or available in your locale. Such references do not imply that AmerisourceBergen 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 AmerisourceBergen 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 AmerisourceBergen server, or the network(s) connected to any AmerisourceBergen 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 AmerisourceBergen 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.
SECURITY
Although AmerisourceBergen 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 AmerisourceBergen 's online services, including the risk posed by any breach in the security of communications and transactions you conduct with AmerisourceBergen online.
You are solely responsible for maintaining the confidentiality of your password and other security devices and agree AmerisourceBergen 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 AmerisourceBergen immediately of any unauthorized use of your account or any other breach of security. AmerisourceBergen 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 AmerisourceBergen or another party due to someone else using your account or password.
For purposes of identification, billing and marketing, you agree to provide AmerisourceBergen with accurate, complete and up-to-date information required for the services and, specifically, you agree to notify AmerisourceBergen within 20 days of any changes in any such information.
DISCLAIMER & LIMIT ON DAMAGES
You also understand that AmerisourceBergen 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. AmerisourceBergen 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 AmerisourceBergen 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 AmerisourceBergen or its authorized representatives have been advised of the possibility of any such purpose), or non-infringement.
In no event will AmerisourceBergen 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 AmerisourceBergen 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 AmerisourceBergen for services provided through the web site during the one (1) month prior to the date on which such damages were first incurred. 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, AmerisourceBergen 's liability is limited to the greatest extent permitted by law.
ORDERING SYSTEM DISCLAIMER
This system 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.
INDEMNITY
You agree to indemnify, defend and hold harmless AmerisourceBergen and 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.
APPLICABLE LAW
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 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. AmerisourceBergen makes no representation that material on the Web Site is appropriate outside the United States. Information concerning pharmaceutical distribution services applies only to services provided within the United States and is subject to all applicable state and local laws.
GENERAL
This Agreement will all be governed and construed in accordance with the internal laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between AmerisourceBergen 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 Orange County, California, 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 AmerisourceBergen . AmerisourceBergen '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. AmerisourceBergen 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 Drug Company
Corporate Headquarters
1300 Morris Drive Suite 100
Chesterbrook, PA 19087
Phone: 1-800-829-3132
E-mail: info@amerisourcebergen.com
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