Terms & Conditions

 

AmerisourceBergen Corporation ("ABC") owns and operates the knowledgedriven.com site ("Site").  The following Terms of Use ("Terms") govern your use of the Site.  Other websites or content owned or controlled by ABC and its affiliates may have their own terms of use and should be reviewed.

By using the Site, you agree and consent to be bound by these Terms.  If you do not agree to be so bound by these Terms, you are not authorized to use the Site and should exit it immediately.  These Terms are a legal contract between you ABC, and govern your access to, and use of, the Site together with any services offered through the Site.

Certain elements of the Site  interact with Facebook and other social media sites.  Therefore, by using the Website, you agree to follow all applicable Facebook and other social media site policies.

Age

The Site is intended for users 18 years of age and older.  By accessing and/or using the Site, you represent that you are 18 years of age or older. 

ABC's Intellectual Property  

Other than the exceptions referenced in these Terms, all content on the Site is the property of ABC including, but not limited to, all trademarks, logos, trade names, text, data, documents, messages, pictures, images, video, audio, graphics, links, or other electronic files (referred hereafter as "ABC Content"). 

Certain elements of the ABC Content, including but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected by United States and international copyright laws and treaty provisions.  None of the ABC Content may be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered, except that you may print out one copy of each Site page solely for personal, non‑commercial use.  No right, title, or interest in any of the ABC Content is transferred to you as a result of your accessing, downloading or printing such ABC Content.  You are not to remove or alter any copyright, patent, trademark, trade name, service mark, or other proprietary notices visible on the Site.

Knowledgedriven is a trademark of ABC.  Other marks, names, and logos on the Site may be the property of other respective owners. 

In addition to the ABC Content and User Generated Content (described below), there may be other content located on the Site, and you should respect those property rights as well.  All rights not expressly granted herein are reserved to ABC.  Individuals not affiliated with ABC may appear on Webcasts or otherwise appear, speak or write on the site.  The content provided by such individuals is governed by agreements between ABC and such individuals, and your are restricted in the use of such content to the same extent as you are restricted in the use of ABC Content.

Changes to these Terms

ABC reserves the right to change these Terms at any time.  By using the Site subsequent to any change of these Terms, you agree to be bound by such changes. 

Any changes to these Terms will be posted on the main page of the Site for at least 30 days prior to such changes taking effect.  If the changes involve how we collect, use or share personally identifiable information, we will send an email to account holders  concerning the changes at least 30 days prior to the changes taking effect.

Password/Username Protection

In order to use some the services on the Site, you will need to create an online account.  You are responsible for maintaining the confidentiality of your access information, and agree to notify ABC  if your access information is lost, stolen, or disclosed to an unauthorized party, or otherwise may have been compromised.  You are responsible for all activities that occur under your Site account.  You agree to immediately notify ABC by email addressed to: corporatemarketing@amerisourcebergen.com of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Privacy Policy

Your use of the Site is also governed by ABC's Privacy Policy. ABC's Privacy Policy can be found at [Insert Link]. 

Links to Third Party Sites

The Site may contain web links to external and third party sites not controlled and/or affiliated with ABC.  If you click on these links, you will leave the Site. 

ABC is not responsible for the content at the linked sites, including, without limitation, links displayed on such third party sites. 

ABC's display of the links is not meant to imply that ABC guarantees, approves, recommends, or endorses the linked sites or the content and/or products/services available on those linked sites.  The links are not meant to suggest any implied association with ABC 

ABC is not responsible or liable for any linked site or content.  If you access the linked sites, you will be subject to the terms of use and other policies applicable to those linked sites.  You visit the linked sites at your own risk and should consult the linked sites' policies.

Social Media

Content posted by users to the Website ("User Generated Content") can be further displayed through social media sites such as Facebook and Twitter.  For example, the Website interacts with users' Facebook accounts through the use of the "LIKE" button, so content posted to the Website can also be displayed through applicable Facebook accounts.  You acknowledge that even if your User Generated Content is removed from the Website, the same User Generated Content could still be visible on social media sites

User Generated Content

You represent and warrant that you are the rightful owner of any User Generated Content you post or submit to ABC for posting, or otherwise have the legal right or permission to post such User Generated Content on the Site or submit it to ABC.. 

User Generated Content posted on the site, either directly or after submittal to ABC, is available for any user of the Website to see.  You have  no expectation of privacy in any User Generated Content you post or submit to ABC.   

All User Generated Content is allowed and provided on a non-proprietary and non-confidential basis.  Upon posting or submittal to ABC, you grant ABC a royalty-free, perpetual, sub-licensable, transferrable, irrevocable, worldwide, non-exclusive right, and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any User Generated Content you post for the purpose of operating and/or marketing the Site.

ABC is not responsible for any User Generated Content.  ABC's decision to post User Generated Content after submittal by a user does not mean ABC has verified the accuracy of such User Generated Content or determined whether it violates or infringes any third party rights.

You agree that you will not upload, post or submit for posting to the Website any User Generated Content that infringes or violates the legal rights of another party, including but not limited to, intellectual property, privacy, publicity, or contract rights.  You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any User Generated Content you upload, post or submit. 

If User Generated Content on the site infringes your copyright or other legal rights, you agree to release ABC, including its officers, owners, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners, from all legal claims, damages, and/or lost profits, whether known or unknown, relating to or arising out of any legal claims you may have regarding the such User Generated Content. 

You represent and warrant that: (i) you own all right, title, and interest, including the intellectual property rights, to any User Generated Content you upload, post or submit for posting to the Website, or otherwise have been granted the right or permission by the owner to upload, post or submit for posting the User Generated Content; (ii) your User Generated Content does not violate the intellectual property rights, privacy rights, publicity rights, contract rights or any other rights of any person or entity; and (iii) you have the proper permission or release from any person visible or displayed in your User Generated Content to post, upload or submit for posting a photograph of such person to the Website. 

ABC reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies, regarding the investigation of, or request to disclose, information related to your User Generated Content, including personally identifiable information about you.  By accepting these Terms, you waive and hold harmless ABC from any claims resulting from any action taken by ABC consistent with this paragraph.

Copyright Infringement Notification

If you believe that any content on the Site infringes your copyright and you want the content removed, please send a detailed message (under the Digital Millennium Copyright Act, the following information must be included in the message) to ABC's designated agent for notice of claims of copyright infringement identified below:

 

(i)         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

(ii)        Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

 

(iii)       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ABC to locate the material.

 

(iv)       Information reasonably sufficient to permit ABC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

 

(v)        A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(vi)       A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

ABC's Designated Agent is:

AmerisourceBergen Designated Copyright Agent

P.O. Box 959 Valley Forge, PA  19482

610-727-7000

corporatemarketing@amerisourcebergen.com.

 

Please note that ABC takes copyright infringement very seriously and will remove infringing content from the Site.  ABC will also terminate the account of any person determined to be a repeat infringer. 

 

Other Intellectual Property Infringement Notifications

If you believe that any content on the Site violates or infringes your intellectual property rights, other than copyright claims referenced in the previous section, please send a detailed email to corporatemarketing@amerisourcebergen.com detailing your allegation or complaint.  ABC takes infringement of intellectual property rights seriously and will investigate the matter.

Prohibited Conduct

In connection with your access and/or use of the Site, including any User Generated Content you upload, post or submit for posting, you agree not to:

-  violate any federal, state, or local laws or regulations;

- defame, harass, bully, threaten, or otherwise violate the legal rights (such as intellectual property, privacy, and publicity) of others;

- use offensive language;

- promote illegal activity;

- engage in or facilitate illegal or inappropriate contact or conduct with minors or otherwise exploit children or minors in any manner;

- conduct any unsolicited or unauthorized advertising or promotional activities, such as chain letters, pyramid schemes, or any other form of such solicitation;

- collect other users' personally identifiable information or data mine the Site;

- impose an unreasonable network strain on ABC's computer or and network;

- hack into or gain unauthorized access to protected areas of the Site;

- destroy, damage, or impair any portion of the Site;

- defeat or circumvent Site security features; or

- submit false information when signing up for a Site account.

The previous list is not exclusive. 

ABC reserves the right to terminate your access to the Site for any behavior ABC deems inappropriate. 

ABC reserves the right to refuse, edit or delete any Use Generated Content without cause and without notice for any or no reason. ABC is under no duty to, and does not represent it will, monitor and/or remove or edit any User Generated Content.

By accepting these Terms, you waive and hold harmless ABC and its affiliates from any legal claims resulting from any action (or inaction) taken (not taken) by ABC during or as a result of ABC's investigation into inappropriate or illegal behavior and/or from any actions taken as a consequence of investigations by either ABC or law enforcement related to your use of the Site.

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR OWN RISK. 

ABC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE AND/OR SITE CONTENT.  ABC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.  THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT AND ANY GOODS OR SERVICES OFFERED THROUGH THE SITE.

ABC DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT ON THE SITE WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, UNINTERRUPTED, TIMELY, OR SECURE.  ABC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE NOR DOES IT REPRESENT THAT ANY ERRORS ON THE SITE WILL BE CORRECTED. 

THE INFORMATION PROVIDED ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION CONTAINED IN WEBCASTS, IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIVE PURPOSES AND IS NOT TO BE CONSTRUED AS OR RELIED UPON AS LEGAL, ACCOUNTING, FINANCIAL, REGULATORY OR PROFESSIONAL ADVICE FOR ANY PARTICULAR OPERATION, SITUATION, CASE OR OTHERWISE. 

INDIVIDUALS APPEARING, SPEAKING OR WRITING ON THE SITE ARE NOT EMPLOYEES OR AGENTS OF OR OTHERWISE AFFILIATED WITH ABC OR ITS AFFILIATES, UNLESS EXPRESSLY IDENTIFIED AS AN EMPLOYEE OR AGENT OF ABC OR ITS AFFILIATES.  ABC IS NOT RESPONSIBLE FOR THE STATEMENTS MADE OR INFORMATION PROVIDED BY SUCH INDIVIDUALS. 

THE SITE, INCLUDING ANY GOODS, SERVICES OR INFORMATION PROVIDED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE.

ABC MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHER PARTIES AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL ABC, ITS AFFILIATES OR ANY OF THEIR  OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES EVEN IF ABC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) YOUR USE OR INABILITY TO USE THE SITE; (2) ANY CLAIM BY YOU ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES IN THE SITE; OR (3) ANY OTHER MATTERS OR CLAIMS YOU MAY RAISE RELATING TO THE SITE, EVEN IF ABC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR RESULTING DAMAGES.

In no event will the collective liability of ABC, its AFFILIATES, and their officers, directors, employees, shareholders, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you have paid to ABC for the applicable SITE RELATED service out of which the liability arose.

IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE, OR DO NOT AGREE TO THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

GIVEN THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF THAT IS THE CASE, ABC'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW. 

Indemnity

You agree to indemnify, defend and hold harmless ABC, its affiliates, and their officers, directors, employees, shareholders, agents, licensors, representatives, attorneys, and business partners ("Indemnified Parties"), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) ABC or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site, your breach of these Terms, or use of the Site by any person using your password.  Your indemnification obligation shall survive the termination of these Terms.

Geographic Limitation

ABC operates the Site from its headquarters in the United States, and the Site and Terms are intended only for users within the United States.  If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any local laws.  Please note that by using the Site, you agree that personally identifiable information and other non-personal data about you may be transmitted to the United States. 

Miscellaneous

Any disputes relating to these Terms or the Site are governed by, and will be interpreted in accordance with, the laws of Delaware, without regard to any conflict of laws provisions.  You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of Delaware (USA) for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation Delaware courts, and agree not to plead or claim in any Delaware court that such litigation brought therein has been brought in an inconvenient forum.

If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect.

These Terms constitute the entire agreement of the parties with respect to the Site and supersedes all prior communications, promises and proposals, whether oral, written, or electronic, between you and ABC with respect to the Site.

If you violate any portion of these Terms, ABC reserves the right, without an obligation to do so, to deny you access to the Site and/or remove or edit User Content posted/uploaded by you.  If ABC terminates your access to the Site, it may also delete your user profile.  ABC has the right to terminate any password-restricted account for any reason.

ABC's failure to enforce any portion of these Terms is not a waiver of such portion.

The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these Terms.

You are not permitted to frame any of the content on the Site without ABC's written consent.

ABC reserves the right without notice and reason to disable the Site.  You agree that ABC is not liable to you or any other third party for this action. 

ABC does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.

If you need to contact ABC for any reason not already specified in these Terms, please use the following contact information:

AmerisourceBergen Corporation

Corporate Marketing Department
P.O. Box 959
Valley Forge, PA  19482
610-727-7000