Online Usage Agreement
Establishing an account with PharmaCo-Meds
To order from us or to access certain parts of PharmaCo-Meds Connect, your institution, business or enterprise must have a PharmaCo-Meds account and you must be a registered user of PharmaCo-Meds Connect. You may do this by following the instructions on the “Register Here” page accessible from the PharmaCo-Meds Connect Home Page (supply.PharmaCo-Meds.com), which is accessible from the corporate website, www.PharmaCo-Meds.com. Those instructions form part of this License. Upon completion of the steps listed with these instructions, you will be issued an account password. In addition, you will receive your own licensed version of PharmaCo-Meds Connect accessible online. Your licensed version of PharmaCo-Meds Connect will be your sole means of accessing your account and using the features of PharmaCo-Meds Connect.
Your access to data using your account password is limited according to PharmaCo-Meds administrator defined access controls. Please see the “Contact Us” page accessible from the PharmaCo-Meds Connect Home Page (PharmaCo-Medsconnect.com and/or supply.PharmaCo-Meds.com), which can be reached from the corporate website, www.PharmaCo-Meds.com, for information on how to contact us for further information about data access or if you have any questions about this License. Your account may not be transferred to, shared with or used by or on behalf of any other person. Your licensed version of PharmaCo-Meds Connect may not be transferred to, shared with, or used by or on the behalf of any other person, except that your licensed version of PharmaCo-Meds Connect may be transferred to another person provided that the transferee agrees to accept all of the terms and conditions of this License, and that you notify us so we can update our authentication and authorization data (described in the following paragraph).
You agree that you will provide us with accurate account information (such as the correct account holder’s name and a valid e-mail address at which we can easily reach you). We will update your account information if it becomes outdated. We may terminate your account if, for example, we are unable to verify or authenticate the information you provide to us.
PharmaCo-Meds Connect operates in a secure web environment with an advanced, multi-layered firewall technology, Secure Socket Layer (SSL) having up to 128-bit encryption to encrypt all data. You agree to help protect your account by being solely responsible for the confidentiality and use of your account and your account password, and by notifying us immediately if you believe your account has been used without proper authorization. We may communicate with you via email and other means for purposes relating to your account, any product orders you place, or any other services we provide to you.
PharmaCo-Meds collects the following information through the Web Site session data and information that you enter on PharmaCo-Meds Connect The manner in which we collect this information is described below.
i. Session Data
We collect information on the pages you have visited and the contents of those pages, any information you input, your referring URL or IP address, your time of visit and related session information, your requested page, Web browser type, USR agent, status of request (successful reply), cookies, number of bytes in the response, and query string. We use this data to better understand Web site usage in the aggregate so that we know what areas of our Web site users prefer. This information is stored in log files and is used for aggregated and statistical reporting.
PharmaCo-Meds employs cookies. Cookies are small text files placed on your computer by a Web site. Cookies enable PharmaCo-Meds to track usage patterns and deliver customized content to users. These cookies cannot read information from your hard drive. PharmaCo-Meds also uses temporary session cookies to assign and store a Session ID to you so that you can move uninterrupted between areas of our Web Site. PharmaCo-Meds also uses the Session ID for internal reporting purposes. This Session ID is not personally identifiable to you and this type of cookie does not leave any retrievable information on your hard drive. Session IDs expire when the browser is closed.
Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We recommend that you leave the cookies activated.
iii. Information Collection Purposes
The information we collect is used to improve the content of our Web page, and to better support our customers in their use of PharmaCo-Meds Connect.
Product Order Placement
If you have a valid customer account with us, you may place a product order with us using your account password. All payment and other obligations, concerning such order placement are governed in a separate Supply Agreement between you and PharmaCo-Meds. Subject to the preceding sentence this License is not intended to amend such supply agreements.
Your Responsibilities as a User of PharmaCo-Meds Connect
Your use of PharmaCo-Meds Connect is subject to all applicable local, state, national and international laws and regulations. You agree not to violate such laws and regulations. In addition, you agree that (1) you will not interfere with another customer’s or supplier’s use and enjoyment of PharmaCo-Meds Connect; (2) you will not interfere with or disrupt PharmaCo-Meds’s security measures; (3) you will not interfere with or disrupt networks connected to PharmaCo-Meds Connect, and will comply with all regulations, policies and procedures of such networks; (4) you will comply with United States law regarding the transmission of technical data exported from the United States; (5) you may not make copies of any aspect of PharmaCo-Meds Connect, including the webpage, your licensed version of PharmaCo-Meds Connect, and any underlying software related to PharmaCo-Meds Connect, for purposes of distribution to the public by sale or other transfer of ownership, or by rental, lease or lending; (6) you may not reverse engineer, decompile, copy, or disassemble any aspect of PharmaCo-Meds Connect, including any underlying software related to your licensed version of PharmaCo-Meds Connect or PharmaCo-Meds Connect generally, and you may not make any derivative computer programs based upon any such underlying software; and, (7) you may not perform publicly or publicly display any aspect of PharmaCo-Meds Connect, including your licensed version of PharmaCo-Meds Connect and any underlying software related to PharmaCo-Meds Connect. You also agree at your sole cost and expense to defend, indemnify and hold PharmaCo-Meds, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from and against any and all damages, liabilities, costs and expenses including reasonable attorneys' fees arising from any third party claims, due to or arising out of your use of PharmaCo-Meds Connect, your violation of this License, or your violation of the rights of any third party.
We may terminate your PharmaCo-Meds account or suspend your access to all or part of PharmaCo-Meds Connect, without notice, if you violate this License or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of PharmaCo-Meds, any other PharmaCo-Meds customer or supplier, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.
Rebate Information and “Net Pricing”
Some PharmaCo-Meds Connect pharmaceutical ordering customers may be participants in PharmaCo-Meds’s OneStop Generics program or other proprietary generics compliance programs. Such participation may result in the display of “net price” fields in PharmaCo-Meds Connect Ordering and Item Catalog areas (specific to and limited to the pharmaceutical ordering and catalog areas only). If you are not such a customer, this paragraph (including (a) and (b) below) do not apply to you. Please note the following with regards to such net prices, which are “potential” savings being supported and displayed for reference purposes only.
a. Rebates are not guaranteed and are a function of purchasing patterns and compliance with the guidelines of the PharmaCo-Meds OneStop GenericsSM program and, as such, actual rebates may vary from time to time and are subject to change.
b. Rebates and Credits received by PharmaCo-Meds OneStop Generics customers may be a “discount or other reduction in price” to PharmaCo-Meds OneStop Generics customers under Section 1128B(b)(3)(A) of the Social Security Act. Accordingly, to the extent required by law, PharmaCo-Meds OneStop Generics customers agree to accurately disclose the rebate and/or credit (including an amount reflecting the time value of money, if required) PharmaCo-Meds OneStop Generics customers receive, to any state or federal program which provides cost or charge based reimbursement for the products ordered through this program.
Comments are Welcome
We enjoy hearing from you and welcome your comments about PharmaCo-Meds Connect. However, if you send us a business idea or suggestion -- for example, about how to improve or expand PharmaCo-Meds Connect -- you agree that we will be completely free to implement, use or modify, in any way, your idea or suggestion (or any part of it), without any payment or other obligation to you.
All materials relating to PharmaCo-Meds Connect, including text, graphics, icons, images, content and software, are the property of PharmaCo-Meds or its content suppliers and are protected by United States, foreign and international copyright laws. The compilation of all content for PharmaCo-Meds Connect is the exclusive property of PharmaCo-Meds. You may not reproduce, modify, distribute or republish materials contained on PharmaCo-Meds Connect without the prior written permission of PharmaCo-Meds. You may not alter or remove any trademark, copyright or other notice from copies of content.
PharmaCo-Meds and all other PharmaCo-Meds logos and trade names are trademarks or registered trademarks of PharmaCo-Meds. All trademarks used on or in connection with PharmaCo-Meds Connect, and all goodwill in and to such names and marks are the property of their respective owners.
You agree (i) to hold all non-public information including without limitation product, pricing and customer and supplier data disclosed by PharmaCo-Meds through PharmaCo-Meds Connect (“Confidential Information”), in strict confidence, (ii) not to disclose such Confidential Information to any third parties, and (iii) not to use any Confidential Information for any purpose except for your internal business purposes. You may disclose the Confidential Information to your responsible employees with a bona fide need to know, but only to the extent necessary to carry out your internal business purposes. You agree to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of PharmaCo-Meds. Confidential Information will not include information that: (i) is now, or hereafter becomes, through no act or failure to act by you, generally known or available to the public; (ii) was acquired by you before receiving such information from PharmaCo-Meds and without restriction as to use or disclosure; (iii) is hereafter rightfully furnished to you by a third party without restriction as to use or disclosure; or (iv) is disclosed with the prior written consent of PharmaCo-Meds. You recognize and agree that nothing contained in this License will be construed as granting any rights to you, by license or otherwise, to any Confidential Information except as specified in this License. You acknowledge that all Confidential Information is owned solely by PharmaCo-Meds (or its licensors) and that the unauthorized disclosure or use of such Confidential Information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, you agree that PharmaCo-Meds will have the right to obtain an immediate injunction enjoining any breach of this License, as well as the right to pursue any and all other rights and remedies available at law or in equity for such a breach. The obligations of non disclosure, non-use, and confidentiality described in this License will remain in effect for three (3) years from the date of the last disclosure of Confidential Information, at which time such will terminate.
Limitation of Liability
By using PharmaCo-Meds Connect, you expressly agree that such use is at your sole risk. PharmaCo-Meds endeavors to provide service of the highest quality, but we cannot guarantee that your use of PharmaCo-Meds Connect will be uninterrupted or error-free. We are not responsible for claims brought by third parties arising from your use of PharmaCo-Meds Connect.
PharmaCo-Meds is a distributor and not a publisher of content (including information, data, and other material) supplied by third parties. Neither PharmaCo-Meds nor any of its affiliates, officers, directors, employees, or agents, or any third party content providers, merchants, sponsors, or licensors guarantees the truth, accuracy, completeness, or usefulness of any content or data on PharmaCo-Meds Connect including, but not limited to, identification codes, prices and product availability, product images and specifications, nor the merchantability or fitness for any particular purpose of such information. The prices provided by PharmaCo-Meds Connect are not intended to be quotes or offers for sale or purchase. Under no circumstances will PharmaCo-Meds (or any of its affiliates, officers, directors, employees, or agents) be liable for any loss or damage caused by your reliance on information obtained through PharmaCo-Meds Connect, whether or not such information is inaccurate and whether or not the inaccuracy is due to fault or error by PharmaCo-Meds. It is your responsibility to evaluate the information, opinion, advice, or other content available through PharmaCo-Meds Connect. PharmaCo-Meds will not be responsible for nor be in default due to acts or causes beyond its control including but not limited to Acts of God, strikes, lockouts, communications line or equipment failures, power failures, failure of the Internet, earthquakes or other disasters.
PHARMACO-MEDS PROVIDES PHARMACO-MEDS CONNECT ON AN "AS IS" BASIS AND EXCEPT AS SPECIFICALLY PROVIDED FOR WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INTEROPERABILITY, COMPATIBILITY AND QUIET ENJOYMENT. WE DO NOT REPRESENT OR WARRANT THAT INFORMATION AVAILABLE THROUGH PHARMACO-MEDS CONNECT IS ACCURATE, CURRENT, OR COMPLETE. IN NO EVENT WILL PHARMACO-MEDS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF PHARMACO-MEDS CONNECT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, PHARMACO-MEDS CONNECT, EVEN IF PHARMACO-MEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING PHARMACO-MEDS CONNECT, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ALL SERVICES, CONTENT, AND DATA AVAILABLE THROUGH PHARMACO-MEDS CONNECT. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT WILL PHARMACO-MEDS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED TEN THOUSAND DOLLARS.
Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.
PharmaCo-Meds Connect is created, controlled and operated by PharmaCo-Meds in the State of Florida, USA. If you choose to access it from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. PharmaCo-Meds is located at 2640 Bayshore Blvd.Dunedin, FL 34698, and can be reached by telephone at (727) 754-9497.
PharmaCo-Meds reserves the right to change the terms of this License, disclaimers and policies at any time and without notice. The formation, construction and interpretation of this License will be controlled by the laws of the State of Florida, regarding agreements between Florida residents entered into and to be performed within Florida, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this License. The Uniform Computer Transaction Act (“UCITA”) as adopted in some States in the United States of America will not apply to this License. Any dispute relating to this License will be subject to the exclusive jurisdiction of the state and federal courts in Florida, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
If any provision of this License is held to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this agreement and will not affect the validity and enforceability of the remaining provisions. This License constitutes your entire agreement with PharmaCo-Meds.