Terms and Conditions
LEGAL AGREEMENT
This Diabetes Shoppe Internet web site ("Web Site") is sponsored by AmerisourceBergen Corp. ("ABC") on behalf of more than 1000 independently owned and operated Diabetes Shoppe Pharmacies nationwide. Information on the Web Site may contain references or cross references to products and services that are not announced or available in your locale. Such references do not imply that ABC or any of the independent Diabetes Shoppe Pharmacies intend to announce such products or services in your locale. Prices and availability of specific products and services may vary. To ensure you have current and accurate information about those of interest to you, please contact your local Diabetes Shoppe.
ABC maintains this Web Site as a service to the Internet community, subject to your compliance with these Terms, including all exhibits. PLEASE READ THESE WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE.
ABC may modify these Terms at any time, and such modifications will be effective immediately upon posting the modified Terms. You agree to review the Terms 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.
INCLUSION OF OTHER NOTICES
This Web Site may contain other notices and copyright information, the terms 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.
DISCLAIMER & LIMIT ON DAMAGES
Information on this Web Site is provided for informational purposes and is not meant to be a substitute for professional medical advice, diagnosis or treatment. You should promptly seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. The use of this Web Site and its contents is at your own risk. Diabetes-Shoppe.com assumes no responsibility for any circumstances arising out of the use, misuse, interpretation or application of any information supplied on this site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease.
You also understand that ABC 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 provided through the Web Site. ABC 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. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ABC OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH PURPOSE), OR NON-INFRINGEMENT.
IN NO EVENT WILL ABC, ANY DIABETES SHOPPE OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING 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 THEY OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF THIS WEB SITE, INCLUDING DUE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR SOFTWARE OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPERLINKED 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 WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL SUMS PAID BY YOU TO ABC 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, ABC's liability is limited to the greatest extent permitted by law.
TRADEMARKS
Our service and product names, including Good Neighbor Pharmacy, Family Pharmacy, Diabetes Shoppe, GNP, FP, ABC and AmerisourceBergen Corporation are registered trademarks and/or service marks of AmerisourceBergen Corporation or its affiliates. All other names, logos and marks on the Web Site are owned or licensed by AmerisourceBergen Corporation and may not be used by you without express written permission from AmerisourceBergen Corporation.
COPYRIGHTS
�Copyright 2005 AmerisourceBergen Corp. All rights reserved. The entire contents of the Web Site are copyrighted under United States copyright laws. 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 ABC. 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 ABC 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 ABC 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 ABC. ABC does not want to receive confidential or proprietary information from you and, as such, any information you provide to ABC through the Web Site, such as inquiries, questions, comments, suggestions, ideas or the like will be provided without obligation of any kind and ABC will be free to reproduce, use, disclose and distribute such information to others without limitation. You agree to grant to ABC 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 ABC 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 ABC 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 ABC or any Diabetes Shoppe for any infringement or misappropriation of any proprietary right in your communications to us.
PRIVACY POLICY
ABC is committed to maintaining the privacy and security of your personal information. The following describes ABC's privacy practices, including its policy for information received about you during visits to the Web Site. The amount and type of information received depends on how you use the Web Site. We may collect and store information during normal Web Site usage such as the name of your Internet service provider, the web site that referred you to us, the pages you request and the date and time of those requests. We may use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal Web Site usage, we do not collect or store information that will identify you (such as your name, mailing address, e-mail address, phone number or Social Security Number).
Identifiable information you provide to ABC is also used to improve the services provided to you but is not otherwise provided to any unrelated company for that company's independent use. If you decide to send ABC information that will identify you, for example in a message containing comments about this Web Site, ABC will use such information to identify you but will not generally use it except to address or resolve the matter identified in your message. Before we use your personal information for any other purpose, we will give you choices about whether or not to allow us to engage in that use. We will give you the opportunity to keep us from using or sharing the personal information that you have provided to us for purposes other than to fulfill your request. To exercise this choice, we will allow you to notify us of your preferences during the information collection process. If ABC changes its privacy policy, the revised policy will apply to data after the effective date of the revised policy. Your continued use of this Web Site following any new policy that is posted will be deemed your conclusive acceptance of the modified policy.
LINKS
Links to third party web sites on this Web Site are provided solely as a convenience to you. If you use these links, you will leave this Web Site. The linked sites are not under the control of ABC and ABC 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. ABC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ABC 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.
ABC welcomes links to this Diabetes Shoppe 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 ABC or any of its affiliates. You may not frame any content of this Web Site without ABC's prior written consent. Nor may you incorporate any intellectual property of this Web Site. ABC does not want anyone to be confused what information and services are provided by ABC and which are not.
LIMITS ON ACCURACY
The Web Site was developed as a service by ABC to provide information about the products and services offered by the independently owned and operated Diabetes Shoppe Pharmacies nationwide. Information is believed to be accurate at the time it is created. However, each Diabetes Shoppe makes its own decisions and such information may not apply in all cases. Also, like any printed material, information may become out dated 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.
ABC will use reasonable efforts to include accurate and up-to-date information on the Web Site, but ABC 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. ABC and the independent Diabetes Shoppe Pharmacies may also make improvements and changes in the products and services described in the Web Site at any time without notice.
INDEMNITY
You agree to indemnify, defend and hold harmless ABC, each Diabetes Shoppe, 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 these Terms by you.
APPLICABLE LAW
This Web Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflicts of laws. ABC makes no representation that materials or services at this Web Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Web Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Web Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Web Site must be made or instituted within one year of when the cause of action or claim accrued.
GENERAL
ABC's failure to insist upon or enforce strict performance of any provision of the Terms will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will modify any provision of these Terms. ABC may assign its rights and duties under these Terms to any party at any time without notice to you. All provisions of the Terms will be deemed to be severable. These Terms and related documents supersede all prior oral and written representations, which may have been entered into by the parties to these Terms, that relate to the subject matter of these Terms. Captions in these Terms are intended for convenience of reference only. Words used in these Terms, 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. These Terms will benefit, and be binding upon, the successors and assigns of the parties to the Terms. Neither party to these Terms will be liable for its failure to perform an obligation under these Terms if that failure results from any cause, except financial, beyond that party's reasonable control. Any provision of the Terms may survive termination of the Terms.