Terms of Use for AWARxE Web site

Please review these Terms of Use before using this site.

Welcome

Welcome to the Internet site (“Site”) of the AWARxE^™ consumer protection program (AWARxE^™) of the National Association of Boards of Pharmacy Foundation^® (NABPF^®) and its affiliate National Association of Boards of Pharmacy^® (NABP^®) (collectively “we,” “us,” or “our”). This Site is intended to advance AWARxE’s mission and objectives, provide a service to state, federal, and local organizations that regulate medications or educate others on using medications and those seeking to utilize AWARxE, and provide information about AWARxE including, but not limited to, AWARxE’s activities, programs, and services, as well as information regarding medication abuse and information AWARxE believes may be of interest to the public (collectively “Content”).

Access or Use of the Site

Any person or entity accessing, browsing, or using this Site, in any manner, is considered a “User” under this statement of the Terms of Use for the AWARxE Web site (“Statement”). All Users acknowledge and agree to be bound to the terms and conditions of this Statement, including all revisions to this Statement which may be made at any time, for any reason, in our sole discretion, with or without notice. If User does not agree with this Statement, or any revisions to this Statement following posting of such revisions on this Site, then User agrees to cease using the Site immediately. User agrees to periodically review the terms and conditions set forth herein to be aware of such revisions or additions.

User is responsible for his/her/its use of this Site and all data, information, and material submitted or transmitted to the Site. Further, User is solely responsible for accessing and using this Site in compliance with all applicable federal, state, and local laws.

Any Site Content that User accesses, copies, downloads, or uses is done so at User’s risk and User assumes sole responsibility for any decisions made based upon such Content and any damage or harm to User’s computer or computer system(s) due to such use of Site Content.

User acknowledges and agrees to use this Site and its Content in a lawful manner and in accordance with the terms of this Statement. User is strictly prohibited from engaging in unlawful, objectionable, or malicious conduct or activities related to this Site, its Content, or its servers, which include, but are not limited to, the transmission or distribution of viruses, computer worms, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like; the unauthorized entry to any other machine accessible via the Site; the unauthorized submission or transmission of data or material protected by a proprietary right of a third party; or the submission of harmful, obscene, sexual, threatening, harassing, defamatory, unlawful, or otherwise objectionable information, material, or communications. In the event that User engages in such conduct, activities, transmissions, or submissions, or otherwise causes any technical disruption of this Site or the services transmitting the Site to User, User shall be responsible for all of our, and third party, claims, losses, liabilities, and costs, including reasonable attorneys’ fees, arising from any and all such conduct, activities, transmissions, or submissions.

Disclaimers

We offer the Site and its Content “as is,” and, to the fullest extent permitted by law, disclaim all warranties regarding the Site and its Content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, non-infringement, merchantability, or suitability of this Content for any particular purpose. Further, User agrees that we, our members, directors, officers, employees, contractors, authorized representatives, affiliates, and assigns shall have no liability or responsibility for any damages, losses, costs, or expenses, regardless of the cause of action, which may arise, directly or indirectly, based upon the performance of this Site or User’s access to, copying of, downloading of, or use of any Site Content or the server that makes the Site available.

The information contained in the Site is not intended to replace, and should not be interpreted or relied upon as, professional advice, whether pharmaceutical, medical, or otherwise. Accordingly, please consult your own professional(s) for all advice concerning pharmaceutical, medical, legal, or other matters which may be referenced in, or transmitted in connection with, the Site. We assume no liability of any kind for the content of any information transmitted to or received by any User in connection with User’s use of the Site.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES AND ASSIGNS AND/OR ANY OTHER PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS TO, OR USE OF, THE SITE OR FOR USER’S PURCHASE OR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES REFERENCED OR OFFERED HEREIN OR LINKED THROUGH THE SITE.

WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OUR OR OTHER PARTIES’ TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORKS, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, MISCONDUCT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF NABPF, NABP, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, ASSIGNS, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF WE, OUR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, ASSIGNS, OR OTHER PARTIES INVOLVED IN THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If applicable federal, state, or local law does not permit the limitation or exclusion of liability or incidental or consequential damages as stated herein, then such limitations or exclusions shall be considered modified but only to the extent necessary to comply with applicable law. In no event shall we or our affiliates’ total liability to User, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by User, if any, for accessing this Site.

Third Party Internet Sites

For your convenience, the Site may include information about or links to other Internet sites operated or maintained by third parties. However, unless otherwise expressly noted on the Site, no endorsement of these Internet sites or their content is intended or made based upon our inclusion of such information or links on this Site. We, our members, officers, directors, employees, contractors, authorized representatives, affiliates and assigns disclaim all responsibility and liability for these Internet sites and their content, including their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, we, our members, officers, directors, employees, authorized representatives, contractors, affiliates and assigns are not liable for any claim, loss, or damage arising from User’s reliance on the content of these Internet sites, use of these Internet sites, provision of information to these Internet sites, donation to these Internet sites, volunteering for or on behalf of these Internet sites, purchase or use of any products or services offered on these Internet sites, or linking to such Internet sites from this Site.

Proprietary Information

Unless otherwise noted, the Content of this Site is proprietary and includes copyrighted materials and trademarks that are owned by NABPF or NABP. User may use Content on this Site for User’s non-commercial personal use only; any other use, copying, publication, transmission, display, downloading, or distribution of any portion of such Content is strictly prohibited without the prior written consent of NABPF or NABP or the owner of any non-NABPF or non-NABP copyrighted or trademarked Content.

Linked Sites

Any Internet sites linked to the AWARxE Site are created and maintained by other organizations. We do not monitor nor are we responsible for the content of such sites. Your linking to such sites or any off-Site Web pages is done at your own risk.

We may include links from the AWARxE Site to other Internet sites or Web pages that may be of interest to you. Such sites are maintained by other organizations and we are not responsible for their content. Further, links from the AWARxE Site to such sites or Web pages do not constitute our endorsement of the sites, pages, or the organizations maintaining them,

Monitoring of the Site

We may choose to monitor any area of the Site and may use or disclose any User information, data, or communications of any kind (i) to satisfy any law or regulation; (ii) to satisfy any administrative, judicial, regulatory, law enforcement, or government request or process; (iii) to protect or defend our rights or property or the rights or property of other Users, our members, directors, officers, employees, contractors, authorized representatives, vendors, licensees, licensors, affiliates, and the like; (iv) if we believe in good faith that the User is engaging in conduct that violates state or federal law; or (v) as otherwise specifically set forth in our policies, applications, registration forms, agreements, contracts, correspondences, and the like.

Confirmation Numbers and Passwords

User agrees to maintain the security and confidentiality of any confirmation number, password, identification, or other device that we may provide pursuant to User using the Site, and User agrees to immediately notify NABPF or NABP if a breach in such security or confidentiality is suspected or has occurred. User assumes all responsibility for any submissions or activities occurring under such confirmation number, password, identification, or device.

Our Remedies

In the event that User fails to adhere to the terms of this Statement, we may elect to pursue any and all available remedies that we deem appropriate at any time and in our sole discretion including, but not limited to, suspension or termination of User’s access to or use of this Site, injunctive relief, monetary damages, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.

Miscellaneous

This Statement shall be governed by and construed in accordance with the laws of the state of Illinois, without regard to any principles of conflicts of law. If any provision of this Statement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Statement and shall not affect the validity and enforceability of any remaining provisions. Headings are included in this Statement for reference purposes only and are not binding on NABPF or NABP.