Terms of Use
Welcome to the Acute Care Pharmaceuticals (“Pharma-Choice“) web site at [www.Pharma-Choice.com] (or successor URLs) (collectively, the “Site“). The following Terms of Use for the Site is a legal contract between you, either an individual visitor or user of at least 18 years of age, and Acute Care Pharmaceuticals regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users“.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING, OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS OF USE“).
1. Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18
OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE
BY ACUTE CARE PHARMACEUTICALS. By using the Site, you represent that you
are at least 18 years of age and have not been previously suspended or removed
from the Site by Acute Care Pharmaceuticals.
2. Privacy Policy. Your privacy is important to Acute Care Pharmaceuticals. Acute
Care Pharmaceuticals’ Privacy Policy is hereby incorporated into these Terms of
Use by reference. Please read this notice carefully for information relating to Acute
Care Pharmaceuticals’ collection, use, and disclosure of your personal information.
3. Modification of these Terms. Acute Care Pharmaceuticals reserves the right, at our
discretion, to change, modify, add, or remove portions of these Terms of Use at any
time. Please check these Terms of Use periodically for changes. Your continued use
of the Site after the posting of changes constitutes your binding acceptance of such
changes. For any material changes to these Terms of Use, such amended terms will
automatically be effective thirty (30) days after they are initially posted on the Site.
4. Ownership; Proprietary Rights. The Site is owned and operated by Acute Care
Pharmaceuticals. The visual interfaces, graphics, design, compilation, information,
computer code (including source code or object code), products, software, press
releases, news releases, and all other elements of the Site provided by Acute Care
Pharmaceuticals (the “Materials“) are protected by United States copyright, trade
dress, patent, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. All Materials
contained on the Site are the property of Acute Care Pharmaceuticals or its affiliates
and/or third-party licensors. Acute Care Pharmaceuticals hereby grants you a
nontransferable, nonexclusive license to use the information and other Materials
contained on the Site solely for your own personal non-commercial use and
information. You may download and/or print a single copy of any of the Materials
contained herein for your personal use; however, you shall not otherwise reproduce,
display, publish, distribute, sell, license, modify, publicly perform, transmit, publish,
edit, adapt, create derivative works from, or incorporate the Materials into other
documents, websites, or publications or otherwise make unauthorized use of the
Materials. Acute Care Pharmaceuticals reserves the right to modify, in part or in
whole, or temporarily or permanently discontinue or remove any Materials from the
Site, at any time without notice to you, and without liability to you. All trademarks,
logos and service marks displayed on the Site, whether registered or unregistered,
are owned exclusively by Acute Care Pharmaceuticals or its affiliates and/or other
third parties. Nothing contained in these Terms of Use, nor your use of the Materials,
shall be construed as granting you any license or right in or to any trademark, logo, or
service mark. Acute Care Pharmaceuticals reserves all rights not expressly granted
in this Terms of Use.
5. No Medical Advice. BY USING THE SITE, YOU ACKNOWLEDGE THAT ACUTE
CARE PHARMACEUTICALS IS PROVIDING THE MATERIALS FOR
INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT
PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE OR
INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS PRODUCED OR
SUPPLIED BY ACUTE CARE PHARMACEUTICALS, ITS AFFILIATES OR ITS
PARTNERS, LICENSORS OR SUPPLIERS. NONE OF THE INFORMATION
PROVIDED ON THIS SITE IS MEANT TO SUPERSEDE ANY STANDARD
OPERATING PROCEDURES ESTABLISHED AT YOUR FACILITY.
6. Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
6.1 use the Site for any purposes other than to access information offered by Acute
Care Pharmaceuticals;
6.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses
granted herein or any Materials;
6.3 impersonate any person or entity, falsely claim an affiliation with any person or
entity, forge another person’s digital signature, misrepresent the source, identity, or
content of information transmitted via the Site, or perform any other similar
fraudulent activity;
6.4 delete the copyright or other proprietary rights on the Site;
6.5 use the Site for any illegal purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing intellectual property
and other proprietary rights, and data protection and privacy;
6.6 remove, circumvent, disable, damage or otherwise interfere with security-related
features of the Site, features that prevent or restrict use or copying of any content
accessible through the Site, or features that enforce limitations on the use of the
Site;
6.7 reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code of the Site or any part thereof, except and only to the extent that such
activity is expressly permitted by applicable law notwithstanding this limitation; or
6.8 intentionally interfere with or damage operation of the Site or any User’s enjoyment
of them, by any means, including uploading or otherwise disseminating viruses,
adware, spyware, worms, or other malicious code.
7. Third-Party Sites, Products and Services; Links. The Site may include links or
references to other external web sites or services solely as a convenience to Users
(“Reference Sites“). Links on Reference Sites may lead to resources located on
servers maintained by third parties over whom Acute Care Pharmaceuticals has no
control. Acute Care Pharmaceuticals does not endorse any such Reference Sites or
the information, materials, products, or services contained on or accessible through
Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE
INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE
THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
8. Termination.
8.1 Acute Care Pharmaceuticals. You agree that Acute Care Pharmaceuticals, in its
sole discretion, for any or no reason, and without penalty, may terminate your use of
and access to the Site, or any part thereof, with or without notice. You agree that
any termination of your access to the Site or portion thereof may be effected without
prior notice, and you agree that Acute Care Pharmaceuticals will not be liable to you
or any third party for any such termination. Any suspected fraudulent, abusive, or
illegal activity may be referred to appropriate law enforcement authorities. These
remedies are in addition to any other remedies Acute Care Pharmaceuticals may
have at law or in equity.
8.2 You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any
term of these Terms of Use, (iii) any policy or practice of Acute Care
Pharmaceuticals in operating the Site, or (iv) any content or information transmitted
through the Site, is to discontinue use of any and all parts of the Site.
9. Indemnification. You agree to indemnify, save, and hold Acute Care
Pharmaceuticals, its affiliates, contractors, employees, agents and its partners,
licensors and suppliers harmless from any claims, losses, damages, liabilities,
including legal fees and expenses, arising out of your use or misuse of the Site, any
violation by you of these Terms of Use, or any breach of the representations,
warranties, and covenants made by you herein. Acute Care Pharmaceuticals
reserves the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify Acute Care Pharmaceuticals, and
you agree to cooperate with Acute Care Pharmaceuticals’ defense of these claims.
Acute Care Pharmaceuticals will use reasonable efforts to notify you of any such
claim, action, or proceeding upon becoming aware of it.
10. Disclaimers; No Warranties, No Medical Advice.
10.1 No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, ACUTE CARE PAHRMACEUTICALS, AND ITS AFFILIATES,
PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY
PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM ACUTE CARE PAHRMACEUTICALS
OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS
SECTION 10 THE TERM ACUTE CARE PHARMACEUTICALS INCLUDES
ACUTE CARE PAHRMACEUTICALS’ OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, AND SUBCONTRACTORS.
10.2 Forward Looking Statements. THE SITE MAY CONTAIN FORWARD-LOOKING
STATEMENTS. THESE STATEMENTS RELATE TO FUTURE EVENTS OR THE
FUTURE PERFORMANCE OF ACUTE CARE PAHRMACEUTICALS. ACUTE
CARE PAHRMACEUTICALS HAS ATTEMPTED TO IDENTIFY THESE
STATEMENTS BY TERMINOLOGY INCLUDING “ANTICIPATE,” “BELIEVE,”
“CAN,” “CONTINUE,” “COULD,” “ESTIMATE,” “EXPECT,” “INTEND,” “MAY,”
“PLAN,” “POTENTIAL,” “PREDICT,” “SHOULD,” OR “WILL” OR THE NEGATIVE
OF SUCH TERMINOLOGY OR OTHER COMPARABLE TERMINOLOGY. ACUTE
CARE PAHRMACEUTICALS UNDERTAKES NO OBLIGATION TO UPDATE
PUBLICLY ANY FORWARD-LOOKING STATEMENTS TO REFLECT NEW
INFORMATION, EVENTS, OR CIRCUMSTANCES AFTER THE DATE THEY
WERE MADE, OR TO REFLECT THE OCCURRENCE OF UNANTICIPATED
EVENTS.
11. Limitation of Liability and Damages.
11.1 Limitation of Liability. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW,
IN NO EVENT WILL ACUTE CARE PAHRMACEUTICALS OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSORS OR
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY), OR ON ANY OTHER LEGAL THEORY ARISING OUT OF
OR RELATING TO THESE TERMS OF USE OR THAT RESULT FROM YOUR
USE OF OR YOUR INABILITY TO USE THE SITE OR ANY REFERENCE SITES
OR ANY MATERIALS CONTAINED ON THIS SITE, OR ANY OTHER
INTERACTIONS WITH ACUTE CARE PAHRMACEUTICALS, EVEN IF ACUTE
CARE PAHRMACEUTICALS OR AN ACUTE CARE PAHRMACEUTICALS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL ACUTE CARE PAHRMACEUTICALS
OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
PARTNERS, LICENSORS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE OR
YOUR INTERACTION WITH OTHER SITE USERS, EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE
MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE
HUNDRED DOLLARS, WHICHEVER IS GREATER.
11.2 Consumer End Users (Outside of the USA). This Section 11.2 applies only to
Users residing and using the Site outside of the United States. The limitations or
exclusions of warranties and liability contained in these Terms of Use do not affect
or prejudice the statutory rights of a consumer, i.e., a person acquiring goods for
solely personal use otherwise than in the course of business outside of the U.S.A.
The limitations or exclusions of warranties, remedies, or liability contained in
theses Terms of Use apply to you to only the extent such limitations or exclusions
are permitted under the laws of the jurisdiction where you are located.
12. Miscellaneous. These Terms of Use constitute the entire agreement between you
and Acute Care Pharmaceuticals and govern your use of the Site, superseding any
prior agreements between you and Acute Care Pharmaceuticals (including, but not
limited to, any prior versions of the Terms of Use) and any prior representations by
Acute Care Pharmaceuticals. These Terms of Use shall be governed by and
construed in accordance with the laws of the State of California, without regard to
conflicts of law principles. You agree that any action at law or in equity arising out of
or relating to these Terms of Use or the Websites shall be filed only in the state or
federal courts in and for San Diego County, California and you hereby consent and
submit to the personal and exclusive jurisdiction and venue of such courts for the
purposes of litigating any such action. The failure of Acute Care Pharmaceuticals to
exercise or enforce any right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of the Terms of Use is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the Terms of Use remain in full force and
effect. You agree that regardless of any statute or law to the contrary, any claim or
cause of action brought against Acute Care Pharmaceuticals and its affiliates,
contractors, employees, agents, or partners, licensors or suppliers, arising out of or
related to use of the Site or the Terms of Use must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section headings and
titles in these Terms of Use are for convenience only and have no legal or
contractual effect.
Effective Date: March 13, 2012.
