 | |
 |
Increase Font Size || Decrease Font Size YourPharmacyBenefit.orgWebsite Terms of Use AgreementWelcome to http://www.yourpharmacybenefit.org (the "Site"), which is owned and operated by the National Pharmaceutical Council ("NPC"). This Terms of Use Agreement (the "Agreement") governs your use of the Site. Please review this Agreement carefully. By using the Site, you acknowledge that you have read this Agreement and agree to all of the terms, conditions and notices contained or referenced herein. If you do not agree to be bound by this Agreement, please note that you are not authorized to use this Site. NPC reserves the right to modify this Agreement in the future, and such modifications shall be deemed effective immediately upon posting to the Site. Any continued use of the Site after posting such changes will constitute your acceptance of this Agreement, as modified. 1. Obligations You are required to comply with all applicable law in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from NPC. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. 2. No Professional Advice This site is intended for educational purposes only. Any information supplied through the Site or by any employee or agent of NPC, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Site. The receipt of any questions or feedback you submit to NPC does not create a professional relationship, and by providing information in response to your questions, NPC is not providing medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Site is not a substitute for medical advice, diagnosis, or treatment, and it is important that you not make medical decisions without first consulting your personal physician or health care practitioner. You should never disregard professional medical, legal, or financial advice or delay in seeking it because of something you have read on this Site. 3. Third-Party Content and Links to Third-Party Services This Site may contain third-party owned content and links to other Services ("Linked Services"). NPC does not endorse, sponsor, recommend, or otherwise accept responsibility for any third-party content on the NPC Web site. In addition, Linked Services are not under the control of NPC, and NPC is not responsible for the content or privacy practices of the Linked Services, including, without limitation, links contained on Linked Services or any changes or updates to Linked Services. NPC is providing third-party content and Linked Services to you only as a convenience, and the inclusion of such third-party content and Linked Services is not an endorsement by NPC in favor of any company offering Internet services or other products or services. NPC may, in its sole discretion, review content posted to the Site by third parties. However, NPC has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time. 4. Copyrights Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without the prior written consent of NPC. Requests for permission to reproduce any Content must follow the guidelines set forth on http://www.npcnow.org/resources/permissionform.asp. 5. Trade and Site Marks All rights in the product names, company names, trade names, logos, product packaging, and designs of all NPC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to NPC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of NPC or any third party. 6. Country-Specific Product Information NPC provides information that might not be relevant to every visitor around the world. For example, trademarks used for certain products may differ from country to country. Furthermore, in some countries regulatory authorities may approve products for sale with different indications, dosages, and restrictions. If products or services mentioned in this Site are not available in your country, consult your physician for further information as to their availability in your country. 7. License Granted 8. Prohibited Uses Generally By using this Site, you agree not to:
You further agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
Violations of system or network security may result in civil or criminal liability. NPC will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. NPC also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request. 9. Access and Retention In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. 10. Disclaimer of Warranties THE SITE IS PROVIDED "AS IS." NPC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, OR OTHER CONTENT OR WEB SITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. NPC DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NPC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (iv) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY NPC OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. NPC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION PROVIDED THROUGH THE WEB SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. NPC MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON ANY LINKED SERVICE. 11. Limitation of Liability IN NO EVENT WILL NPC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SERVICES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. NPC RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY EVEN IF NPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN ADDITION, NPC EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO, ARISING FROM, OR CONNECTED WITH ANY THIRD-PARTY CONTENT OR ANY LINKED SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, NPC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. 12. Indemnification Upon a request by NPC, you agree to defend, indemnify, and hold harmless NPC and its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees from all liabilities, claims, and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of this Agreement, or your violation of any rights of another. 13. Notice of Copyright Infringement If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide NPC’s Copyright Agent with the following information:
NPC’s Copyright Agent for notice of claims of copyright infringement on the Site is Patricia L. Adams who can be reached as follows: National Pharmaceutical Council NPC will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. 14. Choice of Law and Forum This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of law rules. You and NPC expressly agree to submit to the exclusive jurisdiction and venue of the courts in Virginia in all disputes arising out of or relating to the use of this Site. 15. No Waiver The failure of NPC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. 16. Termination NPC reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without notice. Sections ten (10) through twelve (12) of this Agreement shall survive such termination 17. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and NPC as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of NPC’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by NPC with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 18. Severability and Integration |
 |
|