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, LLC. 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® Compliance Center portion of the Site, you will be asked to provide your username and password. You are solely responsible for maintaining the confidentiality and security of your password and are solely responsible for all uses of your username and password on the Site. You agree to notify PharmCAP® immediately of any unauthorized use of your username and password.
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