PharmCAP®
LEGAL NOTICE
PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS WEBSITE
1. Terms and Conditions of Use.
Welcome to the
PharmCAP® Compliance Center Website (the “Site”).
PharmCAP® makes its Site available subject to the following Terms and
Conditions of Use Agreement (hereinafter, the “Agreement”).
Please read this Agreement carefully
before accessing or using the Site. By
accessing or using the Site, you agree to be legally bound by the Terms and
Conditions below. IF YOU DO NOT WISH TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT
ACCESS OR USE THE SITE.
PharmCAP® reserves the right to modify this Agreement at any time.
Any modifications will become effective
immediately upon posting to the Site. User
agrees that it is your responsibility to review the Agreement periodically to be
aware of such modifications, as your continued access or use of the Site shall
be deemed your conclusive acceptance of the modified Agreement.
User has a
nonexclusive, nontransferable, limited, revocable right to use the Site solely
for User’s personal and informational use. User
will not use the Site for any other purpose, including any commercial purpose. User understands that a fee is
required for access to and use of the
PharmCAP®
compliance program and this Site (the “PharmCAP®
Program”) and agrees to remit such fee as required by
PharmCAP®.
PharmCAP®
may terminate User’s right to use this Site and/or participate in the
PharmCAP®
Program at any time if User is in breach of the terms of this Agreement. The
PharmCAP®
Program is designed to allow for the use of your own policies and procedures
related to specific program requirements upon the approval of
PharmCAP®.
2. Proprietary Information.
User acknowledges and agrees that the content accessible within the Site (the
"Content"), including, the compilation of the Content and the “look and feel” of
the Site (for example, color combinations, button shapes, layout, and all other
graphical and navigational elements used in the Site) is the sole proprietary
information of
PharmCAP®
and
PharmCAP®
retains all right, title, and interest in the Content.
Accordingly, User will not reproduce,
transmit, publish or distribute such content to any third party except that User
may print out a copy of Content solely for User’s personal use.
In doing so, User will not remove or
alter, or cause to be removed or altered, any copyright, trademark, trade name,
service mark, or any other proprietary notice or legend appearing on any of the
Content. User will not transfer the
Content to another person and agrees to prevent any unauthorized copying of the
Content. The Content is copyrighted
and is protected by worldwide copyright laws and treaty provisions.
The Content may not be copied,
reproduced, modified, published, uploaded, downloaded, posted, transmitted,
distributed,
sold, resold, or otherwise exploited for any purpose and in any form without the
express written consent of
PharmCAP®.
Except as expressly provided herein,
PharmCAP®
does not grant any express or implied right to User under any patents,
copyrights, trademarks, or trade secret information.
“PharmCAP®” is a registered trademark of PharmCAP, Inc.
The trademark may not be used for any
purpose, including the placement into your HTML documents or Web pages for the
purpose of creating a hypertext link to the Site without the express written
permission of
PharmCAP®.
3.
Disclaimers. THE CONTENT IS PROVIDED
"AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY
PARTICULAR PURPOSE. IN NO EVENT SHALL
PharmCAP® BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE MATERIALS, EVEN IF
PharmCAP® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
While
PharmCAP®
intends to continue providing the
PharmCAP®
Program, it reserves the right to change, amend or terminate the
PharmCAP®
Program at any time for any reason.
PharmCAP®
does not warrant the accuracy or completeness of the Content, including but not
limited to, the Content or other items contained within these materials on this
Site. PharmCAP®
may make changes to these materials or to the products described therein at any
time without notice. PharmCAP®
makes no commitment to update the Content.
4. Limitation on Liability.
IN NO EVENT SHALL
PharmCAP® OR ITS CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS
BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE SITE, THE
PharmCAP® PROGRAM (OR ANY PART THEREOF INCLUDING ANY ASSOCIATED SERVICES OR
MATERIALS), (ii) ANY DELAY OR INABILITY TO USE THE SITE (OR ANY PART THEREOF),
THE
PharmCAP®
PROGRAM, OR FOR
ANY CONTENT, AND/OR LINKS ASSOCIATED WITH OR INCLUDED IN THE SITE, (iii) THE
INTERNET GENERALLY OR ON ANY OTHER BASIS (REGARDLESS OF WHETHER ANY OF THE
FOREGOING IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF
PharmCAP® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF ANY OF THE FOREGOING
LIMITATIONS OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD TO
BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN USER HEREBY EXPRESSLY
AGREES THAT THE
PharmCAP® MAXIMUM
LIABILITY TO ANY USER FOR ANY AND ALL TYPES OF DAMAGES WHATSOEVER SHALL BE
LIMITED TO A MAXIMUM TOTAL OF $200.00.
Users should visit this page from time to
time to review the then current Terms because they are binding on all Users.
Certain provisions of these Terms may be
superseded by expressly designated legal notices or terms located on particular
pages at this Site.
5. Username and User Password.
In order to access the
PharmCAP®
6. Links to Other Sites.
This Site contains hypertext links to third party websites. These links are provided solely as a
convenience to you and are not meant to constitute an endorsement by
PharmCAP® of the contents on such third-party websites.
PharmCAP® is not responsible for the content of linked third-party websites
and expressly disclaims all liability for, damages of any kind arising out of or
relating to any use, reference to, or reliance on such content.
Last Updated: October 8, 2008