Terms of Use
IMPORTANT – READ CAREFULLY
By accessing or using the website at www.oppc.com (“Website”), You agree to be bound by these Terms of Use without limitation or qualification.
PharMerica may unilaterally, at any time and in its sole discretion, amend, modify, revise, update, or otherwise change these Terms of Use, in whole or in part. The most current version is posted on PharMerica.com. Your continued access or use of the Website shall constitute your agreement to any changes to these Terms of Use. PharMerica may modify, suspend, discontinue, or restrict the use of any portion of the Website, including the availability of any portion of the content of the Website, at any time, without notice or liability.
These Terms of Use, together with the privacy policy, constitute the entire agreement and understanding of the parties relating to the Website.
Permitted Use
PharMerica grants You access to and use of the Website only for its permitted purposes and not for commercial reproduction, distribution, publication, or any other activity in contravention of these Terms of Use, applicable law, or PharMerica’s or any third party’s rights. You may not copy, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, lease, perform, display, transmit, create derivate works, translate, circumvent any anti-piracy technology, or otherwise alter or attempt to discover the source code, object code, or other portion of the Website.
By accessing and/or using the Website, you agree not to: (i) use the Website other than as allowed by applicable law; (ii) upload to or transmit through the Website any libelous, threatening, defamatory, obscene, indecent, pornographic, infringing, harassing, or other objectionable material, nor any material which would otherwise give rise to any civil or criminal liability under U.S. or international law, nor any material which includes bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; and (iii) use the Website in any way that shall impair the functioning or operation of the Website or related equipment, as determined by PharMerica in its sole discretion.
No confidential relationship or obligations shall be established between You and PharMerica through any submission to or through the Website by You. Any such submission shall be considered non-confidential and shall be the sole and exclusive property of PharMerica. PharMerica shall have no obligations to You in connection with such submission.
Ownership
U.S. and international copyright, trademark, privacy, and other intellectual and proprietary laws and treaties protect portions of the Website and any unauthorized access to or use of the Website or any portion thereof may violate such laws.
All content, software, HTML, source code, object code, and any other code, associated media, print media, online or electronic documentation, data, and script forming a part of the Website and all trademarks, service marks, trade dress, logos, and tag lines displayed on the Website are the sole and exclusive property of PharMerica or its licensors. You shall not challenge the intellectual property rights associated with the foregoing or do anything that might impair or damage those rights. You are not granted any right or license, either express or implied, in any copyright, trademark, service mark, trade dress, logo, tag line, patent, trade secret, right of publicity, or other intellectual or proprietary right of PharMerica or any of the goodwill associated with any of the foregoing. You shall not reproduce, edit, modify, adapt, or distribute the foregoing for any purpose whatsoever in violation of existing intellectual property rights. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in, or as part of the Website.
Please send any notices, questions, comments, or concerns regarding this Website to: Marketing Department
PharMerica
805 N. Whittington Pkwy
Louisville, Kentucky
(502) 627-7743
Links To Other Internet Sites; Links to this Website
Links to Internet sites owned, operated, or maintained by third parties not under PharMerica’s control may be available through the Website. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be PharMerica’s endorsement of the organization or individual associated with the linked site. Such links do not signify any endorsement by, sponsorship by, or association with the organization or individual associated with the linked site. PharMerica is not responsible for the content, quality, security, or accuracy of any materials or sites referenced or linked through this Website. You assume sole responsibility and liability for Your use of such linked sites. Links to other Internet sites owned, operated, or maintained by PharMerica may be available through the Website. Your use and access of such linked sites may be subject to separate terms of use or other agreements.
You must obtain PharMerica’s prior written consent, which shall not be unreasonably withheld, before placing, displaying, or otherwise providing any link(s) to this Website.
Disclaimer
THE WEBSITE IS provided on an “AS IS” and “AS AVAILABLE” basis. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHARMERICA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. PHARMERICA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATION OR WARRANTY CAN BE GIVEN THAT THE DATA IS CURRENT. PharMerica does not guarantee the accuracy, completeness, efficacy, reliability, or veracity of the Website. Pharmerica makes NO WARRANTY as to the security of the Website. PharMerica neither warrants nor represents that Your use of the Website is legal under all applicable laws and regulations or will not infringe rights of third parties not owned by or affiliated with PharMerica.
The Website is intended as a convenience and reference for You and is not professional medical, pharmaceutical, or insurance advice, diagnosis, treatment, services, or recommendations, nor a substitute, supplement, or replacement thereof. Nothing available on or through the Website is intended to be, and must not be taken to be, the practice of medical care or determination. PharMerica makes NO representation, warranty, or guarantee as to any determination of benefits, coverage, costs or charges, authorizations, etc. You are advised to seek the advice of and consult with qualified professionals and/or representatives regarding all medical, pharmaceutical, and insurance and benefits coverage matters. USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. YOUR reliance on any information provided in or through the Web Portal and/or Services is at YOUR own risk. PharMerica assumes no responsibility for consequences resulting from the use of the Website.
No advice or information obtained by You, whether written or oral, from PharMerica shall create any warranty whether express or implied.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHARMERICA AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND/OR TRUSTEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PHARMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). This limitation of liability applies without limitation to losses or damages RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE; (iv) RELEASE OR DISCLOSURE OF DATA; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the website, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
If at any time You are dissatisfied with the Website, do not agree with any portion of these Terms of Use, or have any other claim against PharMerica relating to either these Terms of Use or the Website, then Your sole, exclusive remedy is to discontinue using the Website.
Forward Looking Statements
The Website contains forward-looking statements about PharMerica’s financial and operating performance, business plans and prospects, business and growth strategies, and the projected growth of the industries in which PharMerica operates. Actual results could differ materially from the expectations and projections set forth in those statements. Forward-looking statements include statements that are not historical facts and can be identified by forward-looking words such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “plan,” “may,” “should,” “will,” “would,” “project,” and similar expressions. These forward-looking statements are based upon information currently available to PharMerica and are subject to a number of risks, uncertainties, and other factors that could cause PharMerica’s actual results, performance, prospects, or opportunities to differ materially from those expressed in, or implied by, these forward-looking statements. Such risks and uncertainties include, among other things, the uncertainties inherent in overall financial, political, and business conditions; trends in the long-term healthcare and pharmaceutical industries, including without limitation trends toward managed care and healthcare cost containment; governmental laws and regulations affecting healthcare and institutional pharmacy services industries, including without limitation those regarding the reimbursement for PharMerica’s products and services; rising costs and expenses, particularly pharmaceutical costs and regulatory compliance costs; adverse economic trends and intense competition in the markets in which PharMerica operates; the ability to retain existing customers and service contracts and PharMerica’s ability to attract new customers; and general economic conditions, such as interest rate and foreign currency exchange rate fluctuations. A further list and description of these and other risks, uncertainties, and other matters can be found in PharMerica’s most recent Annual Report on Form 10-K and subsequent Reports on Forms 10-Q and 8-K, all of which are available on the Website and at www.sec.gov. PharMerica assumes no obligation to update any forward-looking statements as a result of new information or future events or developments.
Governing Law and Jurisdiction; Limit on Commencing Actions
These Terms of Use are governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Jefferson County, Kentucky, U.S.A. in all disputes arising out of or relating to these Terms of Use and/or access or use of the Website. You must commence any cause of action or claim against PharMerica within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.