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Terms of Use

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By accessing web site pages of this website (the “Site”), you represent that you are at least 18 years old and that you agree to abide by the following terms. If you are not at least 18 years of age and/or do not agree to the following terms, please note that you are not allowed to use the Site. This Site is owned and maintained by the American Pharmacists Association (“APhA”). These Terms of Use and the Privacy Statement apply to this Site. APhA may change the Terms of Use at any time. By using this Site, it means you accept the most recent version of the Terms of Use.

Please read our Privacy Statement to understand the privacy rules about your use of the Site. Except as written in any other disclaimers, policies, terms of use, or other notices on this Site, these Terms of Use and our Privacy Statement are the complete agreement between you and APhA with respect to your use of the Site. You may be subject to additional terms that may apply when you access particular services or materials on certain areas of the Site, or by following links that take you away from the Site.  APhA makes no representation as to the availability, accuracy, or completeness of the content of the Site. APhA is not liable for any damages or injury resulting from your access to or inability to access the Site or from reliance on any information at the Site. In addition we reserve the right to interrupt or discontinue any or all of the functionality of the Site or to change its content at any time without prior notice, but we do not assume any responsibility to update it.  Nothing on the Site shall be construed to add or modify terms to any existing or future agreements with APhA.

The content of the Site is protected by appropriate copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of APhA is prohibited except in accordance with the following terms. APhA consents to you browsing the Site on your computer or printing copies of extracts from these pages for your personal use only and not for redistribution unless consented to in writing by APhA. Individual documents in our web pages may be subject to additional terms indicated in those documents.

The use of the Site and the content therein is permitted for private, non-commercial use.  The content is provided for informational purposes only and not as practice, financial, accounting, legal, medical or other professional guidance or advice. You need to consult your own professional advisors for such advice. The Site and the contents herein are provided as a convenience to you. The content of the Site is provided on "as is" and "as available" basis. APhA does not warrant that its web pages will be uninterrupted or error-free. APhA reserves the right to revise the pages or withdraw access to them at any time. No warranty of any kind, either expressed or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the availability, accuracy, reliability or content of these pages. APhA shall not be liable for any direct, indirect, incidental, special or consequential damages, lost profits, or for business interruption arising out of the use of or inability to use this site, even if APhA has been advised of the possibility of such damages. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The liability of APhA would in such case be limited to the greatest extent permitted by law.

For your easy accessibility APhA may include links to sites on the internet that are owned or operated by third parties. APhA is not responsible for the content of such other sites. By linking to such a third-party site, you shall review and agree to that site's rules of use before using such site. You also agree that APhA has no control over the content of that site and cannot assume any responsibility for material created or published by such third-party sites. In addition, a link to a non-APhA site does not imply that APhA endorses the site or the products or services referenced in such third party site. APhA shall not be liable for any damages or injury arising from users' access to or inability to access such sites.

By submitting material to any of our servers, for example by e-mail or via the internet, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (c) you own the material or have the unlimited right to provide it to us and APhA may publish the material free of charge and/or incorporate it or any concepts described in it in our services or other offerings without accountability or liability.

APhA does not and cannot review the content posted by users on the Site (if applicable) and is not responsible for such content. APhA may at any time at its discretion remove any content posted by users.

You agree to indemnify APhA and its agents and vendors, and each of their officers, directors, trustees, employees, and agents (collectively, “Indemnified Parties”), from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which the Indemnified Parties may incur as a result of your violation of these Terms of Use.  APhA reserves the right to assume the exclusive defense and control of any such matter for which you have agreed to indemnify the Indemnified Parties.
 

APhA is a trademark of the American Pharmacists Association. APhA's product names are either trademarks or registered trademarks of APhA. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to the Site should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on the Site without the prior written consent of APhA or the third party owner thereof.

These Terms of Use constitute the entire agreement between you and APhA relating to the Site and your use and access thereof and supersedes any and all other agreements, oral or in writing, with respect to thereto. These Terms of Use may be modified only by a writing signed by both parties or as otherwise expressly set forth herein. The failure of APhA to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. These Terms of Use are personal to you, and you may not assign your rights or obligations to anyone. If any provision in these Terms of Use is invalid or unenforceable under applicable laws, the remaining provisions will continue in full force and effect. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the United States of America and the District of Columbia, as if the Agreement was a contract wholly entered into and wholly performed within Washington, DC. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the courts located in the District of Columbia. Either you or APhA may enforce a judgment rendered by such court in any court of competent jurisdiction, and APhA may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.  YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE AND/OR PRIVACY STATEMENT.

2007052/3

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