AmerisourceBergen® Terms of Use
Your Use Of The Web Site Is Expressly Conditioned Upon Your Accepting And Agreeing To These Terms Of Use
AmerisourceBergen Corporation ("AmerisourceBergen") and its subsidiaries maintain this AmerisourceBergen.com web site and related websites that refer to these Terms of Use (the "Web Site") as a service to its customers that prefer to use the Internet, subject to your compliance with these Terms of Use. Because these Terms of Use constitute an agreement between you and AmerisourceBergen, they are sometimes referred to as "this Agreement" or simply "these terms." 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 and you must terminate your use immediately. AmerisourceBergen may modify this Agreement at any time and from time to 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. You also represent that you are at least 18 years of age and possess the right to enter into this Agreement. You may print a copy of these Terms of Use for your records at any time by using the "print" function on your internet browser.
COPYRIGHTS, TRADEMARKS AND IP RIGHTS GENERALLY
Copyright ©2016 AmerisourceBergen Corporation. All rights reserved.
AmerisourceBergen enforces its intellectual property rights to the fullest extent allowed by law.
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 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 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 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 AmerisourceBergen. Any unauthorized use terminates the permission or license granted by AmerisourceBergen.
AmerisourceBergen service and product names, including but not limited to, AmerisourceBergen® and ABC Order®, 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 AmerisourceBergen and may not be used by you without express prior written permission from AmerisourceBergen.
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 AmerisourceBergen actual knowledge of facts or circumstances from which infringing material or acts are evident. AmerisourceBergen’s notice address for claims of copyright infringement is:
AmerisourceBergen Corporation
1 West First Avenue
Conshohocken, PA 19428
Attn: General Counsel
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
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 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 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. E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. You agree not to submit or transmit any communication or materials through the Web Site, via e-mail, bulletin boards, forums, news groups or any other manner, that (i) are defamatory, threatening, obscene or harassing, (ii) violate the legal rights of others or breach any legal duty owed to others; (iii) contain a virus, worm, Trojan horse or any other harmful component, (iv) incorporate copyrighted or other confidential or proprietary material of any third party without that party's permission or (v) otherwise violate any applicable laws or regulations. AmerisourceBergen shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law or regulation.
INCLUSION OF OTHER NOTICES AND TERMS
This Web Site may contain other notices, terms and conditions 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. You may have other agreements with AmerisourceBergen. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with AmerisourceBergen.
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 or adoption 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 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 AmerisourceBergen’s and AmerisourceBergen is not responsible for their privacy statements or practices. You can view our Privacy Policy here. You should also review the terms and conditions of any linked sites. 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 or utilize any framing techniques in any way, including but not limited to enclosing any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), 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 as to which information and services are provided by AmerisourceBergen and which are not. You may not use any meta tags or any other "hidden text" utilizing AmerisourceBergen’s name or trademarks without the express written consent of AmerisourceBergen. IN NO EVENT WILL AMERISOURCEBERGEN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENMTIAL OR ANY OTHER DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR BUSINESS INTERRUPTION DAMAGES EVEN IF AMERISOURCEBERGEN OR ITS REPRESENTATIVES HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY USE OF THE LINKED SITES DISCUSSED IN THIS SUBPARAGRAPH.
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 on the Web Site is to be construed as medical, legal, investment, financial or other advice, or any instruction or guidance regarding any products supplied or distributed by AmerisourceBergen. The information on the Web Site is not intended to be a substitute for such advice. AmerisourceBergen 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. AmerisourceBergen may also make improvements and changes in the products and services described in the Web Site at any time without notice.
FORWARD LOOKING STATEMENTS
Material on the Web Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Forward-looking statements and phrases may include words like "believe", "estimate", "anticipate", "plan", "predict", "may", "hope", "can", "will", "should", "expect", "intend", "is designed to", "with the intent", "potential", or the negative of these words or such other variations thereon or comparable terminology. The absence of any such word does not mean that a statement is not forward-looking. Forward-looking statements are intended to communicate expectations regarding future events. AmerisourceBergen’s actual performance or conditions may differ significantly from such statements. By nature, forward-looking statements involve risk and uncertainties and sometimes turn out to be wrong or inaccurate. You should not place undue reliance on any such statements. Factors that can affect accuracy of forward-looking statements are included in AmerisourceBergen’s periodic filings with the SEC, including its most recent Form 10-K. AmerisourceBergen has no obligation to update or revise the statements made herein or the factors referred to herein.
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 or for which you do not have appropriate licensing or other regulatory approval. Such references do not imply that AmerisourceBergen intends to announce such products or services in your locale or to make such products available to you without such regulatory approval. 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 username and 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 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. AmerisourceBergen reserves the right to terminate accounts for failure to satisfy these terms. 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 10 days of any changes in any such information.
DISCLAIMER & LIMIT ON DAMAGES
You 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. AmerisourceBergen has no obligation or duty to update any information on this Web Site.
IN NO EVENT WILL AMERISOURCEBERGEN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSOCIATES, 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, 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, AMERISOURCEBERGEN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ORDERING SYSTEM DISCLAIMER
This ordering system is designed solely for ordering pharmaceutical and related products. AmerisourceBergen reserves the right to remove or edit content at any time. 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.
PRODUCT WARRANTY
By using the ordering system, you acknowledge that AmerisourceBergen is not the manufacturer of any such products, and EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, AMERISOURCEBERGEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, FOR PRODUCTS AND SERVICES. No oral or written information provided by AmerisourceBergen, its employees or other representatives will create any such warranty.
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.
WAIVER AND RELEASE
You hereby release and forever waive any and all claims you may have against AmerisourceBergen, its affiliates, subsidiaries, officers, directors, employees, agents, associates, , representatives and suppliers for losses or damages you sustain in connection with your use of the Web Site. This waiver shall not apply to gross negligence by AmerisourceBergen or any other claims that cannot be lawfully waived or limited.
TERM AND TERMINATION
Either you or AmerisourceBergen may terminate your right to use the Web Site at any time, with or without cause. AmerisourceBergen may terminate, suspend or discontinue any functionality or feature of the Web Site at any time without notice. However, if you have an agreement with AmerisourceBergen that provides for the operation of such functionality, AmerisourceBergen will continue employing such functionality subject to the terms and conditions of that agreement.
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, 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. AmerisourceBergen makes no representation that material on the Web Site is appropriate outside the United States, Canada or the United Kingdom. Information concerning pharmaceutical distribution services applies only to services provided within these countries 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 Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. 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 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 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.
Corporate Headquarters
1 West First Avenue
Conshohocken, PA 19428
Phone: 1-800-829-3132
E-mail: info@amerisourcebergen.com