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