Terms of Use

Disclaimer
The information contained in this website may be used or relied upon as a basis for any commercial transactions or for any other purposes at your own risk. The National Community Pharmacists Association (NCPA), publisher of Pharmacist e-Link™ (e-Link), has no involvement in any transactions between individuals or entities that access the Pharmacist e-Link website.

Except for third party software utilities licensed by NCPA, NCPA owns all rights, title and interest, including but not limited to copyright, patent, trade secret, and all other intellectual property rights, in the Pharmacist e-Link website, and any changes, modifications, or corrections to the website.

The product and vendor information set forth on the Pharmacist e-Link website is supplied by participating companies and NCPA. NCPA does not verify the accuracy of the content on this website, and does not represent, warrant, or guarantee that the information is accurate or complete. Participating companies own all rights, title and interest to their information disclosed on the Pharmacist e-Link website.

Reference to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Pharmacist e-Link or the National Community Pharmacists Association (NCPA).

Live "links" to other Internet addresses can be accessed from Pharmacist e-Link. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of NCPA. Pharmacist e-Link and NCPA do not endorse, approve, certify, or control these external Internet addresses, and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

General Disclaimer
NCPA assumes no responsibility for consequences resulting from use of information herein, or from use of information obtained at "linked" Internet addresses, or in any respect for the content of such information, including (but not limited to) errors or omissions, the accuracy or reasonableness of factual or scientific assumptions, studies or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy, or personal rights of others. NCPA is not responsible for and expressly disclaims all liability for damages of any kind, whether direct, indirect, consequential, compensatory, actual, punitive, special, incidental, expectancy, or exemplary, arising out of use, reference to, or reliance on such information. No guarantees or warranties, including (but not limited to) any express or implied warranties of merchantability or fitness for a particular use or purpose, are made by NCPA with respect to such information.

Policy Regarding Copyright Infringement and Designation of Copyright Agent
NCPA respects the intellectual property rights of others and requires those that visit our website to do the same. NCPA may, in appropriate circumstances and at its discretion, remove or disable access to material on the Pharmacist e-Link website that infringes upon the copyright rights of others. NCPA may also, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

If you believe that your work has been used on our website in any manner that constitutes copyright infringement, please notify NCPA's copyright agent by written notice (Counsel, NCPA, 100 Daingerfield Road, Alexandria, VA 22314-2888).

The notice should include the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
  • A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
  • Identification of the location on our website of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
  • Your name, address, telephone number and email address;
  • A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
  • A statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.

User Agreement

1. Acceptance of Terms
The National Community Pharmacists Association (NCPA) provides access to the Pharmacist e-Link website ("Site") and the other services provided by NCPA through this Site, either in whole or in part, through the Internet subject to your acceptance of the following User Agreement ("Agreement"), which may be amended by NCPA at any time. Amendments are effective within 15 days after posting on the Site. By becoming a User (as defined herein) of the Pharmacist e-Link website, you agree to be bound by the terms of this Agreement. This Agreement was last revised on May 15, 2003. You can review the most current version at any time at www.pharmacistelink.com. When using a particular Pharmacist e-Link service through this Site, you may also be subject to any posted guidelines, rules, terms of service, codes of conduct or other contractual provision as noted. In the event of a conflict between any other agreement, rule or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this User Agreement, please contact e-Link at info@pharmacistelink.com before using this site.

2. Types of Users
Any person accessing the Site or other services provided by NCPA through this Site, either manually or via an automated device or program, to the extent permitted hereunder, shall be considered a "User." All Users are bound by the terms of this Agreement. Users must be over the age of 18.

3. Acceptable and Lawful Use; No Endorsement of Content
Users shall comply with all appropriate laws, statutes, and regulations regarding the use of this Site. NCPA and Pharmacist e-Link make no representations or endorsements regarding the quality, accuracy, and reliability of information posted on the Site. NCPA does not control the quality, safety, truth or accuracy of the listings or information and makes no representation thereof. Users hereby acknowledge that if NCPA is actually aware of content that NCPA deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, NCPA has the right, but not the obligation, to edit, remove or deny access to all user content stored or otherwise accessible by NCPA's equipment without notice.

4. Privacy
You acknowledge, and agree that the operation of certain portions of this Site may require the submission of Users’, personally identifiable information. Accordingly, if you wish to access and use those areas of the Site, you acknowledge and agree that your use of this Site will constitute acceptance of NCPA’s personally identifiable information collection and use practices. Please see NCPA’s Privacy Policy [should be hyperlink], which is incorporated into these Terms by reference, for a more detailed summary of NCPA’s personally identifiable information collection and use practices.

5. Dispute Resolution
Users agree to use the dispute resolution procedures set forth in this Agreement with respect to any controversy or claim arising out of or relating to this Agreement or its breach. Any dispute between NCPA and Users arising out of or in connection with this Agreement shall be settled by a binding arbitration in Alexandria, Virginia in accordance with the then-current rules and procedures of the American Arbitration Association. The arbitrator shall apply the law in accordance with the choice of law provisions contained within this Agreement. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Users agree that, any provision of law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. Any disputes between Users are not the responsibility of NCPA.

6. Governing Law; Attorneys' Fees
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, exclusive of its choice of law rules and matters affecting copyrights, trademarks, and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.

7. Intellectual Property
All pages within this Site are the property of NCPA and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of NCPA. A User may not, and this Agreement does give a User permission to reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Site. Certain content is licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A User may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by NCPA.

8. No Warranty
NCPA AND OUR SUPPLIERS PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. NCPA AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. SERVICES AND INFORMATION PROVIDED BY HYPERLINKED WEBSITES OR THIRD PARTIES MAY BE SUBJECT TO THE ADDITIONAL TERMS AND CONDITIONS OF THOSE PROVIDERS. NCPA MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL MEET USER REQUIREMENTS, OR THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES NCPA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR SERVICE OR THAT ANY DEFECTS WILL BE CORRECTED. NCPA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE OR SERVICE OR THROUGH HYPERLINKED SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM NCPA SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

9. Other Limitations of Liability
IN NO EVENT WHATSOEVER SHALL NCPA OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL NCPA'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF ANY FEES PAID TO NCPA FOR USE OF THE SERVICE OR US$500. The limitations of liability provided in this Agreement inure to the benefit of NCPA, our affiliates and to all of our respective officers, directors, employees, attorneys, and agents.

10. Entire Agreement
This Agreement and any documents expressly incorporated by reference constitute the entire agreement between NCPA and the User pertaining to the subject matter hereof. From time to time, where certain laws/jurisdictions apply, NCPA, when necessary, may make amendments. User shall regularly review the User Agreement that is posted at www.pharmacistelink.com. If you have any questions about the User Agreement, contact us at info@pharmacistelink.com.

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