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Link to Cardinal Health Legal.
1.
ACCEPTANCE OF TERMS
Welcome
to Cardinal.com. Cardinal Health, Inc. is affiliated with Cardinal
Distribution; Allegiance Healthcare Corporation; Medicine Shoppe
International, Inc.; National PharmPak Services,
Inc.; National Specialty Services, Inc.; Owen Healthcare, Inc.;
PCI Services, Inc.; R.P. Scherer Corporation; Comprehensive Reimbursement
Consultants, Inc.; CORD Logistics, Inc.; Automatic Liquid Packaging,
Inc.; The Enright Group; Pharmacists, PRN; and Renlar Systems, Inc.
Cardinal and its affiliated entities are collectively referred to
herein as ("Cardinal"). Cardinal's mission is to help our customers
across the health-care industry -- from manufacturers to providers
of patient care -- find answers to the challenges they face. The
Services (as defined below) provided to you and your agents ("you"
or "yours") on this web site include services provided by Cardinal's
affiliated companies. The Terms and Conditions of Service include
any posted guidelines or rules applicable to particular Services
and, as updated by Cardinal from time to time, are collectively
referred to as the "Terms and Conditions". By using the Services,
you agree to these Terms and Conditions, which govern your use of
the Site and Services. You can review the most current and complete
version of these Terms and Conditions at any time.
2. ADDITIONAL
TERMS AND CONDITIONS
Additional terms and conditions may be
contained in written agreements between the Cardinal affiliates
and you. For example with respect to Allegiance Healthcare
Corporation, these additional terms may include:
Returned Good
Policy
How To File Freight
Claims
Warranty and
Limitation of Warranty
3. USE OF
SERVICES
Cardinal currently offers the following online services: ordering,
reporting, integration, personalization and education. As provided
by Cardinal, these functions are collectively referred to as the
"Services". Cardinal may alter, augment or terminate the Services
in whole or in part at any time and from time to time in its sole
discretion. Cardinal reserves the right to modify, deny or suspend
your access to the Services at any time without notice to you. The
information Cardinal obtains from you will be subject to Cardinal's
Privacy
Statement. To use the Services you will need access
to the World Wide Web and you must pay any fees associated with
your access and the Services you obtain. Of course, you will also
need equipment and a modem or other access device. Cardinal currently
uses Secure Socket Layer (SSL) technology to help protect information
that passes over the Internet. You must have a certain browser capability
to take advantage of this encryption technology, which is currently
included in version 4.0 and higher versions of Microsoft Explorer®
and Netscape Navigator®.
4. REGISTRATION
REQUIREMENTS
Upon completion of registration, you will receive a password and
user ID. You agree that you will be responsible for maintaining
your password as confidential and for any activity that occurs as
a result of your enabling or permitting another person or entity
to use your password. You agree to immediately notify your Cardinal.com
administrator or dial 1-800-ECOMHELP in the event that (i) your
password is lost or stolen, or (ii) you become aware of any unauthorized
use of your password or (iii) you became aware of any other breach
of security that might affect the Cardinal Services. Cardinal is
not responsible for any loss or damage arising from your failure
to comply with the provisions of this Section.
5. DISCLAIMER
OF WARRANTIES
THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARDINAL EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES,
WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CARDINAL
MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE
OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF
THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE
THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN
OR DISSATISFACTION WITH THE SERVICES IS TO CEASE TO USE THE SERVICES.
UNLESS OTHERWISE INDICATED, ANY WARRANTIES APPLICABLE TO PRODUCTS
OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION
THOSE PURCHASED FROM THIRD PARTIES, ARE PROVIDED BY THE MANUFACTURERS
OF SUCH PRODUCTS. IF ANY ADDITIONAL TERMS AND CONDITIONS WITH RESPECT
TO PRODUCTS PURCHASED, INCLUDING ADDITIONAL DISCLAIMERS OF WARRANTIES,
MAY APPLY TO PURCHASES AS A RESULT OF THE APPLICATION OF VARIOUS
PROCUREMENT APPLICATIONS THAT YOU MAY USE TO PURCHASE PRODUCTS ON
THIS SITE OR AS OTHERWISE AGREED TO BY YOU AND THE APPLICABLE THIRD
PARTY PROVIDER.
6. LIMITATION
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARDINAL SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CARDINAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:
(i) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, (ii) THE
COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING
FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH
YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO
BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES,
OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR
THE SERVICES.
7. CONDUCT
ON THE SITE
You understand and agree that all information, data, and other material
provided in the Services ("Content") is the responsibility of the
person or entity providing such Content. In the event that Cardinal
permits you to upload, post, email or otherwise transmit information
for display on the Site, you will be responsible for all Content
that you upload, post, email or otherwise transmit. Likewise, you
are responsible to respect third party rights with respect to all
Content that appears on the Site and not to download, email or otherwise
transmit such content in violation of such third party's rights.
You agree not to use the Services to: upload, post, email or otherwise
transmit any Content that infringes any patent, trademark, trade
secret, copyright or other intellectual property right, privacy
right, or publicity right of any person or entity; upload, post,
email, or otherwise transmit any Content that is illegal, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, racially, ethnically,
or otherwise offensive; impersonate another person or entity, including
without limitation a representative of Cardinal, falsely represent
or misrepresent your affiliation with another person or entity,
forge headers, or otherwise manipulate identifiers that would disguise
the origin of any Content transmitted through the Services; upload,
post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials including without limitation
initiation or perpetuation of any "Spam", "Junk Mail", or any other
potentially objectionable form of unsolicited communication, except
to the extent such an activity is clearly reasonable and appropriate
(such as advertising) and then only in areas of the Site designated
for such activities (such as a shopping room); use the Services
or the Site for any purpose or in any matter that violates any local,
state, or federal law or regulation or the law or regulation of
any foreign government; collect or store personal data with respect
to other users, except as contemplated by these Terms and Conditions
and then only for the express purpose of providing lawful communication
that may reasonably be anticipated by other users; directly or indirectly,
intentionally disrupt or interfere with the Site or the Services
in any manner that may materially adversely affect Cardinal or any
user; or upload, post, email or otherwise transmit any material
that contains software viruses or any other code, files or programs
designed or known to disable, interrupt, or limit the functionality
of any computer hardware, computer software, or telecommunications
equipment or facilities.
8. DISCLAIMER
OF CONTENT
You understand and acknowledge that Cardinal assumes no responsibility
to screen or review Content provided as part of the Services that
is originated by parties other than Cardinal, and that Cardinal
shall have the right, but not the obligation, in its sole discretion
to monitor, refuse and remove any Content that is available on the
Site or through use of the Services. Cardinal expressly disclaims
all responsibility or liability to you or any other person or entity
for the performance or nonperformance of Content review. YOU ACKNOWLEDGE
AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY
AND ALL CONTENT.
9. NO RESALE
OF SERVICES
You agree to use the Services solely for your own internal business
purposes and not to use or exploit any portion of the Site or the
Service for commercial purposes not related to your business with
Cardinal.
10. OWNERSHIP
OF CONTENT
You understand and agree that your use of the Services entitles
Cardinal to use, monitor and preserve copies of all information
and Content and to disclose such if required to do so by law or
in the good faith belief that such disclosure will promote compliance
with legal process, enforcement of these Terms and Conditions, assistance
in responding to claims that Content violates the rights of third
parties, protection of the personal safety of any person, or protection
of the property rights of Cardinal or any other person or entity.
11. LINKS
The Services may provide, or third parties may provide, links to
other World Wide Web sites. You acknowledge and agree that such
links are provided for your convenience and do not reflect any endorsement
by Cardinal with respect to the provider of such linked site or
any verification of the quality, reliability or any other characteristic
or feature of such linked site, and that Cardinal is not responsible
in any manner (including without limitation with respect to any
loss or injury you suffer) for any matter associated with the linked
site, including without limitation the content provided on or through
any such linked site or your reliance thereon. CARDINAL MAKES NO
REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR
USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition,
you should be aware that your use of any linked site is subject
to the terms and conditions applicable to that site.
12. INDEMNITY
You agree to defend, indemnify and hold Cardinal, its officers,
directors, employees and agents, harmless from and against any third
party claim, action or demand ("Claim") and all liabilities and
settlements related thereto, including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result
from, your use of the Site, its Content or Services (including any
interactive areas of the Services) in a manner that violates these
Terms and Conditions. Cardinal shall provide notice to you promptly
of such Claim and shall reasonably cooperate with you, at your expense,
in your defense of any such Claim.
13. TRADEMARK
INFORMATION
Cardinal is a trademark of Cardinal Health, Inc.. Other trademarks
are owned by Cardinal or its affiliated entities or are owned by
and used with the permission of their third-party owners, as indicated.
You agree not to use or display trademarks without the prior written
consent of Cardinal or the owner of such mark.
14. COPYRIGHT
INFORMATION
The Content is owned by Cardinal and /or third parties and is protected
under United States copyright laws, and the copyright laws of other
countries. Certain materials are used by permission of their respective
owners. The Content, including but not limited to graphic images,
buttons, and text, may not be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way without the prior
written permission of Cardinal, except that, subject to your compliance
with the Terms and Conditions, Cardinal authorizes you to view or
download a single copy of the Content solely for your use in your
business provided that you keep intact all copyright, trademark,
and other proprietary notices. Modifications of Content or use of
Content for any other purpose is a violation of the rights of Cardinal
or third parties. Nothing herein shall be construed as conferring
by implication, estoppel, or otherwise, any license or right under
any copyright, patent, trademark, or other proprietary interest
of Cardinal or third parties.
15. JURISDICTION
AND VENUE
You and Cardinal agree that this Agreement and the relationship
between you and Cardinal will be governed by the laws of the State
of Ohio, without respect to its conflict of laws provisions and
that venue with respect to any dispute between you and Cardinal
will rest exclusively in the courts of Franklin County and the federal
district court for the Southern District of Ohio.
16. NOTICE
Cardinal may provide notice to you by email, regular mail, certified
mail or return receipt requested to the address you provide to Cardinal.
17. GENERAL
PRACTICES REGARDING STORAGE
You understand and agree that Cardinal may from time to time establish
and revise practices and limitations concerning your use of the
Service. You agree that Cardinal shall have no liability for the
deletion or failure to store any messages and other communications
or other Content maintained on the Site or transmitted using the
Site or the Service.
18. TERMINATION
OR REGISTRATION
You acknowledge and agree that Cardinal may terminate your password
and/or other access privileges and remove and discard any Content
without notice to you for any reason, including without limitation,
if: (i) you do not use the Services for what Cardinal, in its sole
discretion, deems to be an extended period of time; (ii) Cardinal
believes that you have violated any of these Terms and Conditions,
(iii) you have otherwise acted or failed to act in any manner that
Cardinal deems objectionable. You agree that any termination of
your access to the Site or the Service shall not result in any liability
or other obligation of Cardinal to you or any third party in connection
with such termination.
19. MISCELLANEOUS
These Terms and Conditions constitute the entire agreement between
you and Cardinal and govern your use of the Services. You also may
be subject to additional terms and conditions that may apply when
you use third party content or services available through the Services.
If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force
and effect. The failure of Cardinal to exercise or enforce any right
or provision of these Terms and Conditions shall not constitute
a waiver of such right or condition. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to the Services or these Terms and Conditions
must be filed within one year after such claim or cause of action
arose.
Your use
of this Site is subject to the Terms and Conditions that you agreed
to when you registered as a user. The Terms and Conditions may change
from time to time and you should review them to ensure that you
are aware of the provisions that govern your use of this Site.
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