TERMS
OF USE AGREEMENT
GLOBAL PHARMACY SOLUTIONS
WELCOME! PLEASE READ THIS PAGE
This page states the Terms of Use Agreement ("Terms") under which you, the Web site visitor ("You" or "Your" or "Yourself") may use this Web site ("the Site" or "Our Site"), which is owned by GLOBAL PHARMACY SOLUTIONS (“GPS” or "We" or "Us" or "Our"). By using this Site, You agree to be bound by all of the Terms set forth below. If You do not accept these, please do not use this Site. We may, in Our sole discretion, revise these at any time; therefore, You should visit this page periodically to review the Terms. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as "the Service(s)."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES OR OTHERWISE ACCESS THE SITE.
You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in Your particular state or locality.
1. YOUR ACCEPTANCE OF THE TERMS OF USE AGREEMENT
The Terms constitute a legal agreement between You, as a visitor to the Site, and Us. Any information provided by You is also subject to Our Privacy Policy, which is incorporated by reference into the Terms. By using the Services, You acknowledge and agree that You have read and agree to the terms in Our Privacy Policy. Additional Terms of Use may also be posted directly on other areas of the Site, and together with the Terms, as amended from time to time, are collectively referred to as the "Agreement." We reserve the right to modify any or all of this Agreement at any time, and such change will be effective immediately upon its publication on Our Site. You agree to be bound by the Terms of this Agreement, and any modifications thereof, as long as You continue to access and use the Services. Because of the possibility that the Agreement could change between visits, You also agree to check the Terms of the Agreement each time You return. Your continued access to or use of Our Site Content (defined below) shall be deemed Your conclusive acceptance of modifications to this agreement made in this manner.
2. THE RIGHTS WE GRANT TO YOU, THE SITE VISITOR
The contents of this Site, such as text, graphics, images, video and other content (the "Site Material"), are protected by copyright under both United States and foreign laws. We authorize You, non-exclusively and non-transferably, to view and download a single copy of the Site Material for Your personal use. This authorization is not a transfer of title in the Site Content or copies of the Site Content. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify Our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. The names, marks and logos ("Marks") included in the Site Material are, unless otherwise noted, registered and/or common law trademarks owned by or licensed to Us. Marks not belonging to Us belong to their respective third party owners and We claim no rights in them. The use of these marks or of the Site Material, except as provided in these Terms, is prohibited.
3. WE WELCOME YOUR COMMENTS
We welcome Your comments on Our Site and Services at info@integritybpa.com You acknowledge, however, that if You send Us comments, praise, creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, but excluding personally-identifying information about You, the "Information"), You grant to Us a non-exclusive, perpetual, royalty-free, freely transferable license to use, practice, exploit, modify and sublicense such Information for any purpose whatsoever, commercial or otherwise, throughout the universe. By submitting any Information to us, You acknowledge that you, not Integrity Prescription Benefit Administrators, have full responsibility for such Information, including its accuracy, legality, reliability, appropriateness, originality, and copyright. Please note that any communication or other materials that You transmit to Us over the Internet are considered to be, and will be treated as, non-confidential, unless the Web page through which information is submitted expressly states otherwise. For more information about confidentiality and privacy issues, please read Our Privacy Policy.
4. SITE CONTENT
You acknowledge that the Services contain "Site Content," which collectively refers to any of the following owned by Us: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined herein). Any Site Content owned by Us is referred to herein as "Our Site Material." Site Content may also include "Third Party Site Material" and "User Information," both as defined below. Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on Our Site without prior notice.
5. RIGHTS TO THE SITE CONTENT
All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, or unless otherwise stated, is owned by Us, whether or not such rights are expressly identified in, or in connection with, such Site Content.
You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on Our Site. No other license to use any of the Site Content is given or implied without the Our prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that You will not refer to or attribute any information to Us in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party). You also agree that without Our express, written permission You will not incorporate a hyperlink to Our Site into Your Web site or the Web site of another including, but not limited to, links to a home page, deep links, or framed links.
Unless otherwise specified hereunder, You may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Site Content, in whole or in part, without the respective owner's prior written consent.
The Marks are registered and unregistered trademarks owned by Us and protected under all applicable laws, except as otherwise noted on the Site. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us or the respective owner, in any manner that is likely to cause confusion among the public about Us or Our business, or in any manner that disparages or discredits Us.
You agree that You will not copy or reproduce any Mark of Ours to imply an endorsement by or relationship with Us.
You agree that you will not use Our name or Our trademarks as metatags or keywords in any Web site. Use of Our name or Our trademarks as Internet or Web site metatags or keywords by anyone without our written permission is expressly forbidden.
The trademarks, service marks, logos and slogans appearing on this Site ("Marks") are the registered or common law marks of GPS or designated third parties. No right or license is granted, by implication, estoppel or otherwise, to use the Marks or any other intellectual property rights of GPS or any third party.
6. USER RULES AND USER INFORMATION
As a user of the Service, You agree to carefully read and abide by the Agreement, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18 You may be responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent's or legal guardian's supervision.
We do not want You to, and You should not, send any confidential or proprietary information to Us via Our Site. You acknowledge and agree that transmissions and communications to and from the Site are not confidential, and may be read or intercepted by others. You also acknowledge that if You transmit any communication to Our Site You are solely responsible for its accuracy and completeness. By sending communications to Us, You give Us an irrevocable, unrestricted, worldwide, royalty-free license to use such information in any way, unless otherwise specified in the Agreement. All User Information is governed by Our Privacy Policy. Should You provide Us with information, including but not limited to feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, such information shall be deemed to be non confidential and We assume no obligation to protect such information from disclosure, except insofar as provided for in Our Privacy Policy. The submission of such information to Us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Us for any purpose whatever and We shall be free to reproduce, use, disclose and distribute the information to others without restriction. We shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing goods or services. Unless otherwise specified, You waive all rights to any claim against Us for any alleged or actual infringements of any proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such User Information. We disclaim any liability for disclosure of User Information as a result of errors in transmission by third parties or unauthorized acts of third parties.
7. IMPROPER USE OF OUR SITE
You agree that You will not use Our Site to transmit or distribute, or cause to be transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme. You agree not to impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity. You agree not to "stalk" or otherwise harass another or store personal data about other users. You may not send Us, or introduce any material into Our Site, that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate Our Site or any information residing on Our Site. We reserve the right to delete any information You send Us that We in Our sole discretion determine to be inaccurate, violative of law or otherwise violative of Our policies. If You use, or attempt to use, Our Site or its Content for improper purposes including without limitation tampering, hacking, modifying, or otherwise corrupting the security of Our Site, You will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.
8. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
We respect the rights of copyright owners and expect You to comply with U.S. and international copyright law. We have procedures in place to protect the rights of copyright owners in the event of alleged infringement, in accordance with the Digital Millennium Copyright Act ("DMCA"). If You believe that Your copyright is being infringed by any material viewed on this Site, please send a notice, in accordance with the DMCA, to Our designated agent,
Global Pharmacy Solutions
John Eiseman, Managing Partner
7777 Bonhomme, Suite 900
Clayton, MO 63105
John@globalpharmaceuticalsolutions.com
We reserve the right to expel users and prevent their further access to this Site for violating these terms or the law and reserve the right to remove any communications from this Site.
9. DISCLAIMER OF WARRANTIES
Although We strive for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the material on this Site or about the results to be obtained from using Our Site. You use Our Site and its material at Your own risk.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE'S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND OF FITNESS FOR A PARTICULAR PURPOSE. WE AND OUR AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THIS WEB SITE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE AND/OR ANY AFFILIATE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LINKS
This Site may contains links to Web sites owned by third parties ("Third Parties"). Should You utilize these links, You will leave Our Site. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. You also agree that We are not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services. These links are provided solely as a convenience to You and are not an endorsement by Us of the contents on those other sites, which content may change at any time without notice to Us. We are not responsible for the content of any linked sites and make no representations regarding the content or accuracy of materials on such sites, nor do We make any representations regarding the privacy practices of such sites. If You are concerned about the privacy practices of an outside site, please consult its privacy policy. We are not responsible or liable for applications, admissions, hiring and employment practices and access to services, programs, institutions and services of such Third Party Sites. We are not responsible for any misuse of intellectual property found on those sites.
12. NO ENDORSEMENT OF THIRD PARTY SITE MATERIAL
Our Site Content may include information, products or services provided by third parties on, linked to, or framed within, the Site ("Third Party Site Material"). Third Party Site Materials are the opinions and creations of the authors and/or owners identified in those materials. As such, We do not assume any responsibility or liability for any Third Party Site Material. Our publication of Third Party Site Material does not constitute Our endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within the Third Party Site Material.
13. INDEMNIFICATION
By using this Site, You agree to indemnify, defend and hold harmless Us and all of Our officers, directors, agents, employees, contractors, and information and service providers ("Indemnified Parties") from any claim, demand, losses, damages, costs, and/or expenses including reasonable attorney’s fees, accounting fees, and related costs, including court costs, attributable to or arising from Your posting of User Information through the Service, Your use of the Service, Your use of the Site Content, Your conduct through the Service, Your communications to third parties through the Service, Your violation of these Terms, and/or Your violation of any other rights related to the Service. We reserve the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
14. TERMINATION OF OR CHANGE IN SERVICE
We may immediately, at any time and in Our sole discretion, (1) terminate or limit Your use of or access to the Service, or any part thereof, or (2) remove and discard any Site Content within the Service, for any reason, including without limitation, Your lack of use, Your breach of any of the Terms hereunder, or if We believe You have violated or acted inconsistently with the letter or spirit of the Agreement. We may change, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that We will not be liable in any way to You or to any third party for any actions We take as described herein or otherwise.
15. ONE YEAR LIMIT
You agree that regardless of any contrary statute or law, any claim or cause of action arising out of or related to use of the Service or these Terms, or alleged to arise out of or to be related to use of the Service or these Terms, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
16. SURVIVAL OF CERTAIN PROVISIONS
The termination of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of the Agreement.
17. E-MAIL
Our Site provides opportunities to e-mail Us. This e-mail service is not intended for and ought not to be used for clinical purposes. Do not disclose any medical or health information about Yourself. Do not use this e-mail functionality to seek diagnosis or treatment. In particular, do not use e-mail on Our Site to communicate about any circumstance that You believe involves or could involve an emergency for Yourself or for anyone else. Do not use the e-mail service to reveal information about Your financial circumstances, including without limitation assets, liabilities, or debts.
18. GOVERNING LAW
These Terms are governed, construed and enforced in accordance with the laws of the State of Missouri, USA, without giving effect to its conflicts of law rules. Before seeking legal recourse for any harm You believe You have suffered from Your access to Our Site, You will give Us written notice specifying the harm and thirty (30) days to cure the harm after providing such notice before initiating any action.
Except for Our claim for injunctive relief in any court having jurisdiction, You and We agree to submit to the personal and exclusive jurisdiction of the Missouri courts. By accessing the Site and using the Service, You waive any defense of an inconvenient forum and of jurisdiction on account of place of residence or domicile, and You agree that You waive Your right to a jury trial.
19. INTERNATIONAL USERS
We make no representation that Our Site Content is appropriate or available for use in any jurisdictions or countries other than the United States. You may not use Our Site or export Site Content in violation of U. S. export laws and regulations. Given the global nature of the Internet, You agree to comply with all local rules (from where You physically reside) regarding Internet conduct and content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You physically reside.
20. MISCELLANEOUS TERMS
These Terms constitute the entire agreement between You and Us, and supersede any prior agreements between You and Us. If any provision under these Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. We may assign Our rights and obligations under these Terms at any time and without notice to You. The section headings used in these Terms are for convenience only and have no legal effect.
Any employment-related information on this Site is subject to modification or elimination at Our sole discretion. Nothing on this Site creates an express or implied contract of employment.
We do not practice law or accounting or give legal, accounting, tax, or financial advice.
21. NO PRACTICE OF MEDICINE OR NURSING
In creating and maintaining this Site We are not practicing medicine, nursing or any other branch of the healing arts. We do not, by creating and maintaining this Site, enter into a provider-patient relationship with You or seek to do so. We cannot diagnose any health problem You may have, nor treat You for any such condition, nor do We attempt to do so. If You wish to be diagnosed or treated, contact Your physician. If You believe that You or someone You are concerned about is in danger or is facing a real or potential emergency, leave this Site and contact Your doctor or 911 immediately.
22. Forward-looking Statements
Statements on this Site that do not directly relate to historical facts may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and the provisions of Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended (which Sections were adopted as part of Private Securities Litigation Reform Act of 1995). These statements are subject to numerous risks and uncertainties, many of which are outside Our control. As such, no assurance can be given that the actual events and results will not be materially different than the anticipated results described in the forward-looking statements. Factors could cause actual results to differ materially from such forward-looking statements. We disclaim any intention or obligation to revise any forward-looking statements, whether as a result of new information, future event, or otherwise.
23. Revisions
We may revise or withdraw all or any portion of Site Content and discontinue any products or services at any time without notice. By accessing this Site you agree to be bound by any revisions made by Us and you agree that you will visit these Terms regularly to view the then-current Terms.
© Copyright 2006 GPS. All Rights Reserved.
