Welcome to the NABP website (“Website”) or App. NABP collectively refers to the Website and App as “Site.” The Site, and its information, material, programs, and services (collectively “Content”), is intended to advance NABP’s mission and objectives, provide a service to NABP’s members and those seeking to use NABP’s programs, provide information about NABP including, without limitation, NABP’s activities, programs, and services, and provide information regarding pharmacy regulation and information that NABP believes may be of interest to its members or customers.
Access or Use of the Site or Content
User is responsible for his/her/its use of the Site and Content and all data, information, and material submitted, uploaded, or transmitted to, or downloaded or copied from the Site. Further, User is solely responsible for accessing, uploading information, downloading, and using the Site and Content in compliance with all applicable federal, state, and local laws.
Any Content that User accesses, copies, downloads, uploads, or uses is done so at User’s risk and User assumes sole responsibility for any decisions made based upon the Content and any damage or harm to User’s computer, computer system(s), phone, or device due to use of the Content.
User acknowledges and agrees to use the 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 the Site, its Content, or its servers, which include, but are not limited to, the transmission or distribution of viruses, computer worms, malware, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like; the unauthorized entry to any server, machine or device 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. If User engages in such conduct, activities, uses, transmissions, or submissions, or otherwise causes any technical disruption of the Site or the services or device(s) transmitting the Site to User, User shall be responsible for all NABP and third-party claims, losses, liabilities, and costs, including reasonable attorneys’ fees, arising from any and all such User conduct, activities, uses, transmissions, or submissions.
Disclaimers and Limitations
NABP offers the Site and its Content “as is.” To the fullest extent permitted by law, NABP disclaims all warranties regarding the Site and the Content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, currency, reliability, non-infringement, merchantability, functionality, or suitability of the Site or the Content for any particular purpose. Further, User agrees that NABP and its members, directors, officers, employees, contractors, authorized representatives, affiliates, and assigns (collectively “Affiliates” or “AFFILIATES”) 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 the Site or User’s access to or copying, uploading, downloading, or use of the Site, the Content or the server(s) that makes the Site or Content available.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, NABP, ITS AFFILIATES, AND/OR ANY PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE OR CONTENT ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S DOWNLOAD, ACCESS TO, OR USE OF THE SITE, SITE FUNCTIONALITY, OR CONTENT, OR USER’S ACCESS TO, PURCHASE, USE, OR DOWNLOAD OF ANY THIRD PARTY PRODUCTS, MATERIALS, OR SERVICES RELATED TO THE SITE.
NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE NOT RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THIRD PARTY UNAUTHORIZED ACCESS OR USE OF THE SITE OR CONTENT, OR NABP’S OR OTHER PARTIES’ TRANSMISSION FACILITIES, PREMISES, OR EQUIPMENT IN CONNECTION WITH THE SITE.
NABP, ITS AFFILATES, LICENSORS, SUPPLIERS, AND ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE, SITE FUNCTIONALITY, OR CONTENT ARE NOT RESPONSIBLE FOR NETWORKS, SYSTEMS, APPLICATIONS, DATA,SOFTWARE, PROGRAMS, PROCEDURES, OR INFORMATION DAMAGE, ALTERATION, THEFT, LOSS, OR DESTRUCTION ARISING FROM ACCIDENT, MISCONDUCT, UNAUTHORIZED OR FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD UNLESS SUCH DAMAGE OR LOSS IS CAUSED BY AN INTENTIONAL ACT OF NABP, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE,SITE FUNCTIONALITY, OR CONTENT. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, AND ASSIGNS 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 NABP’s 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 or using the Site or Content.
Third Party Internet Sites
The Site may include information about or links to other Internet sites maintained by third parties. The App may be downloaded from a third-party site by using third-party resources including, without limitation, software, data, methods, or instructions. Unless otherwise noted, no endorsement of these third-party sites, their software, policies, methods, or content is intended or made based upon NABP’s inclusion of information or links on the Site or the placement of the App on a third-party site. NABP and its members, directors, officers, employees, authorized representatives, and affiliates disclaim all responsibility and liability for these third-party sites, their software, policies, methods, and content, including without limitation their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, NABP and its members, directors, officers, employees, authorized representatives, and affiliates are not liable for any claim, loss, or damage arising from User’s download of the App from a third-party site, use of or reliance on the content of these third-party sites, use of these sites, purchase or use of any products or services offered on these sites, or linking to such sites from the Site.
The Content of the Site is proprietary and includes copyrighted materials, trademarks, and intellectual property that are owned or used with permission by NABP or that are owned or used with permission by third parties. User may use Content on the 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 NABP and/or the owner of any non-NABP copyrighted, trademarked, or proprietary Content.
Linking to the Site
Users and others who wish to establish a hyperlink to the Website may do so only upon the prior written approval of NABP. To request such approval, please complete our linking request form.
Monitoring of the Site
NABP may choose to monitor any area of the Website or use of the App 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 NABP’s rights or property or the rights or property of Users, Affiliates, vendors, licensees, licensors, and the like; (iv) if NABP believes in good faith that the User is engaging in conduct that violates state or federal law; or (v) as otherwise specifically set forth in NABP’s policies, applications, registration forms, agreements, subscriptions, contracts, correspondences, or the like.
Confirmation Numbers and Passwords
User agrees to maintain the security and confidentiality of each confirmation number, password, identification, and device that NABP may provide or that User may use in connection with the Site. User agrees to immediately notify NABP if a breach in such security or confidentiality is suspected or has occurred. User assumes all responsibility for any uses, submissions, or activities occurring under such confirmation number, password, identification, or device.
In the event that User fails to adhere to the terms of this Statement, NABP may elect to pursue any and all available remedies that it deems appropriate at any time and in its sole discretion including, but not limited to, suspension or termination of User’s access to or use of the Site, injunctive relief, monetary damages, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.
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 NABP.