Terms and conditions
SmartSource website Terms of Use
PLEASE READ AND REVIEW
THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
AmerisourceBergen
Corporation (“AmerisourceBergen”), and its subsidiaries and affiliates maintain
this SmartSourceRx.com web site (this “Web Site”) and related websites that refer to
these SmartSource Website Terms of Use (“Terms of Use”) as a service to its
customers and prospective customers. These Terms of Use constitute an agreement
between you and AmerisourceBergen, and are sometimes referred to herein as
“this Agreement”. The terms “we”, “us”, and “our” refer to AmerisourceBergen,
and the terms “you” or “yours” refers to you, as user of this Web Site.
If you do not wish to be bound by these Terms of Use, you should not access
or use this Web Site and you must terminate your use immediately.
Proceeding to use this
Web Site indicates your acknowledgment you have read and accepted these Terms
of Use. You also represent that you are at least 18 years of age and possess
the legal capacity 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
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 this Web
Site solely for your own informational, non-commercial, individual and internal
reference, provided that you reproduce the copyright notice which appears at
the end of these Terms of Use. Any content, software and other material
downloaded from this Web Site (“Content”) are 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 Content or any modifications to it shall remain in AmerisourceBergen
and its licensors. To the extent any Content consists of software, you may not
modify, reverse engineer, decompile, disassemble or create derivative works
based on the Content, 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 this Web Site solely for your own
informational, non-commercial, individual reference, provided that you
reproduce the copyright notice which appears at the end of these Term of Use
Copyrights. Any other copying, distribution or publication is strictly
prohibited without the express prior written consent of AmerisourceBergen. Any
unauthorized use terminates any permission or license granted by AmerisourceBergen.
AmerisourceBergen
service and product names are trademarks and/or service marks of AmerisourceBergen,
its affiliates and/or its subsidiaries. These and all other names, logos and
marks on this 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
this 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 this 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 information in subsections (1) – (5) above 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/their 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. Claims of copyright infringement
can be sent to the following address:
AmerisourceBergen
Corporation
227 Washington Street
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.
Privacy Statement
AmerisourceBergen has
a privacy statement pertaining to the Web Site (“SmartSource Privacy Statement”)
that sets forth the privacy policies and practices of AmerisourceBergen as they
relate to the collection, use, processing and disclosure of information in
connection with your use of this Web Site. The SmartSource Privacy Statement
can be accessed by visiting SmartSource
Privacy Statement, and is incorporated into these Terms of
Use by reference, as if set forth fully herein. Any changes to the SmartSource
Privacy Statement will be automatically incorporated into the Terms of Use,
effective upon posting of such changes.
User-Provided
Information and User-Generated Content
Any questions,
comments, feedback, suggestions, ideas, or the like (collectively, “Feedback”)
you provide through this Web Site is without obligation of any kind, and AmerisourceBergen
will be free to reproduce, use, disclose and distribute such Feedback 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 Feedback, including any materials and other information
(including, without limitation, ideas for new or improved products and
services) you submit to AmerisourceBergen through this Web Site (including
through e-mail, bulletin boards, forums or news groups) by any means and in any
medium. To the extent permitted under the SmartSource Privacy Statement
accessed by clicking SmartSource
Privacy Statement, 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
Feedback and communications to us.
You understand and
agree that e-mail submissions over the Internet may not be secure and are
subject to the risk of interception by third parties. You agree not to submit
or transmit any communication or materials through this Web Site that (i) is
defamatory, threatening, obscene or harassing, (ii) violates the legal rights
of others or breach any legal duty owed to others, (iii) contains a virus,
worm, Trojan horse or any other harmful component, (iv) incorporates
copyrighted or other confidential or proprietary material of any third party
without that party’s permission or (iv) otherwise violates 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 (x) specified in these Terms of Use, (y) set forth in the SmartSource
Privacy Statement or (z) 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, 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 or the parties enter into a mutual agreement. 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 this Web Site
may allow you to leave AmerisourceBergen’s Web Site or be sent to another
third-party’s website. AmerisourceBergen is providing these links to you only
as a convenience, and the inclusion of any link neither implies endorsement by AmerisourceBergen
of the linked site nor obligates you to click the link. Third-party 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. You are responsible for
taking 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, as their privacy rules and standards may be
different than AmerisourceBergen’s and AmerisourceBergen is not responsible for
their privacy statements or practices. You should also review the terms and
conditions of any linked sites. AmerisourceBergen welcomes bookmarks and links
to its Web Site for lawful purposes. 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. AmerisourceBergen reserves the
right, in its sole discretion at any time, to deny any request, or rescind any
permission granted, to link to this Web Site and to require termination of any
such link to this Web Site. 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. You may also not incorporate any intellectual property
contained on this Web Site or owned by AmerisourceBergen or its licensors. 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, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 SET FORTH IN THIS SECTION.
Connected Devices
Use of this Web Site
may (i) require compatible devices (e.g., personal computer, mobile phone,
tablets and other consumer electronic devices), Internet access or Wi-Fi,
certain software and wireless plans with necessary wireless data features; (ii)
require periodic updates; and (iii) be affected by the performance of the
factors set forth herein. Your use of mobile device features may result in
increased charges from your wireless carrier.
Limits on Accuracy
This Web Site was
developed as a service by AmerisourceBergen to provide information about its
products and services. AmerisourceBergen makes reasonable efforts to make
information contained on this Web Site accurate at the time it is created.
However, 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 this 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 this 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 this Web Site. All users agree that
all access to and use of this Web Site is at their own risk. Information
on this 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
this Web Site at any time without notice.
Forward Looking Statements
Material on this 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.
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 this 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 this Web Site and Content, you agree not to use this Web Site or its
Content for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You agree not to use this Web Site or its Content 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 this Web Site and its
Content. You agree not to attempt to gain unauthorized access to this Web Site,
other accounts, computer systems or networks connected to any AmerisourceBergen
server or to this 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 this Web
Site or its Content.
Security
Although AmerisourceBergen
makes a genuine effort to secure information and transactions conducted on its
Web Site, 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 and Limit on Damages
You understand that AmerisourceBergen
cannot and does not guarantee that Content 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 this Web Site
for the reconstruction of any lost data. You assume all responsibility and risk
for your use of this Web Site, including your responsibility to evaluate the
accuracy, completeness and usefulness of all material and reports provided
through or generated by this Web Site. AmerisourceBergen does not warrant that
this Web Site will be uninterrupted or error-free or that defects in this Web
Site will be corrected. Content, including any software 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 this Web Site. You
agree that use of this Web Site is at your own risk. 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 THIS WEB SITE BE LIABLE TO YOU OR 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 THIS WEB SITE OR
CONTENT OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPER LINKED FROM THIS 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 THIS 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 THIS 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.
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 this 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 this Web Site. This waiver may not apply to gross negligence
by AmerisourceBergen or any other claims that cannot be lawfully waived or
limited.
Term and Termination
AmerisourceBergen may
terminate your right to use this Web Site at any time, with or without cause.
You are under no obligation to use or continue to use this Web Site. AmerisourceBergen
may terminate, suspend or discontinue any functionality or feature of this Web
Site at any time without notice. We will not be liable to you or any third
party for any such termination. 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. To the extent 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 this 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, and AmerisourceBergen will not be held responsible or liable for your use
of this Web Site in such other locations. AmerisourceBergen makes no
representation that material on this Web Site is appropriate outside the United
States. 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 this 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.
AmerisourceBergen
Corporation
Corporate Headquarters
227 Washington Street
Conshohocken, PA 19428
Phone: 1-800-829-3132
E-mail: info@amerisourcebergen.com
Updates and Modifications
to Terms of Use
These Terms of Use
become effective on June 1, 2019. AmerisourceBergen may update and modify this
Agreement at any time and from time to time, and such updates and modifications
will be effective immediately upon posting the updated/modified Agreement. You
agree to review this Agreement periodically to be aware of such updates and
modifications and your continued access or use of this Web Site after any
updates and modifications will be deemed your conclusive acceptance of the updated/modified
Agreement.
© Copyright AmerisourceBergen
Corporation – June - 2019
