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Terms & Conditions
Imedex, LLC ("Imedex")* maintains this imedex.com web site (the
"Web site") as a service to its customers that prefer to use the
Internet, subject to your compliance with the terms set forth
in this Agreement.
Please read this Agreement carefully before accessing or using
the Web site. By doing so, you acknowledge that you have read, understood
and accepted these terms and conditions and agree to be bound by
them. If you do not wish to be bound by these terms, you may not
access or use the Web site.
We may modify this Agreement at any 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 thereafter
will be deemed your conclusive acceptance of the modified Agreement.
* Imedex is a unit of AmerisourceBergen Specialty Group (ABSG)
and a wholly-owned subsidiary of AmerisourceBergen Corporation.
Copyrights
© Copyright 1986-2006 Imedex, LLC ("Imedex"). All rights reserved.
The entire contents of the Web site are copyrighted under United
States copyright laws. The owner of the copyright is Imedex. No
part of the 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 Imedex. You may print and download portions
of material from the different areas of the Web site solely for
your own non-commercial, individual reference. Software and other
material downloaded from the Web site ("Software") is the property
of Imedex 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 Imedex 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 non-commercial,
individual reference. Any other copying, distribution or publication
is strictly prohibited without the express written consent of Imedex.
Imedex does not want to receive confidential or proprietary information
from you and, as such, any information you provide to Imedex through
the Web site, such as questions, comments, suggestions, ideas, or
the like will be provided without obligation of any kind, and Imedex
will be free to reproduce, use, disclose and distribute such information
to others without limitation. You agree to grant to Imedex a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to 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 Imedex 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 Imedex 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 Imedex for
any infringement or misappropriation of any proprietary right in
your communications to us.
Trademarks
Imedex service and product names used in this Web site, including
Imedex®, are registered trademarks and/or service marks
of Imedex, Inc and/or its subsidiaries. All other names, logos and
marks on the Web site are owned or licensed by Imedex and may not
be used by you without express written permission from Imedex.
Inclusion of other Notices
This Web site may contain other notices 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 Imedex accepts your order.
Links
Links in the Web site may let you leave Imedex's Web site. The linked
sites are not under the control of Imedex and Imedex 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. Imedex is providing
these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by Imedex 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 destructive nature.
Imedex welcomes bookmarks to its Web site. With the prior permission
of the Web Master of imedex.com, 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 Imedex or any of
its affiliates. You may not frame any content of this Web site without
Imedex's prior written consent. Nor may you incorporate any intellectual
property of this Web site. Imedex does not want anyone to be confused
which information and services are provided by Imedex and which
are not.
Limits on Accuracy
The Web site was developed as a service by Imedex 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. Nothing contained in
any presentation is to be construed as medical, legal, investment,
financial or other advice. This information is not intended to be
a substitute for such advice.
Imedex will use reasonable efforts to include accurate and up-to-date
information on the Web site, but Imedex makes no warranties or representations
as to its accuracy. 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. Imedex may also make improvements
and changes in the products and services described in the Web site
at any time without notice.
Not Available Everywhere
Information Imedex publishes on the Web site may contain references
or cross-references to Imedex products and services that are not
announced or available in your locale. Such references do not imply
that Imedex intends to announce such products or services in your
locale. To ensure you have current and accurate information about
products and services of interest to you, please contact your representative.
Security
Although Imedex 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 Imedex's online services, including the
risk posed by any breach in the security of communications and transactions
you conduct with Imedex online. You are solely responsible for maintaining
the confidentiality of your password and other security devices
and agree Imedex will have no obligation with regard to them.
For purposes of identification, billing and marketing, you agree
to provide Imedex with accurate, complete and up-to-date information
required for the services and specifically you agree to notify Imedex
within 20 days of any changes in any such information.
Disclaimer & Limit On Damages
You also understand that Imedex cannot and does not guarantee that
any software or other material available from the 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 total 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. Imedex 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 IMEDEX 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 IMEDEX OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
PURPOSE), OR NON-INFRINGEMENT.
IN NO EVENT WILL IMEDEX OR ANY PARTY INVOLVED IN CREATING, PRODUCING
OR DISTRIBUTING THE Web site BE LIABLE TO ANY PARTY FOR ANY 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 IMEDEX
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 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 THE RESULTS
OBTAINED THERFROM WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL
SUMS PAID BY YOU TO IMEDEX FOR SERVICES PROVIDED THROUGH THE Web site DURING THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH SUCH
DAMAGES WERE FIRST INCURRED. 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,
Imedex's liability is limited to the greatest extent permitted by
law.
Indemnity
You agree to indemnify, defend and hold harmless Imedex, its affiliates,
their 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.
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.
Any access or use to this Web site is subject to your compliance
with all applicable local laws. Imedex makes no representation that
material on the Web site is appropriate outside the United States.
Information concerning certain pharmaceutical distribution services
may only apply to services provided within the United States 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 State of Georgia applicable to agreements
made and to be performed in Georgia. You agree that any legal action
or proceeding between Imedex 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 Fulton County, Georgia, 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. Imedex'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. Imedex 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, 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 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.
Sponsor:
Imedex, LLC
4325 Alexander Drive
Alpharetta, GA 30022
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