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PharmaTrust™ Website Terms of Use PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you confirm your agreement to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site. PCAS Patient Care Automation Services Inc. ("PCA Services", "PharmaTrust") may revise these Terms and Conditions at any time. Your continued usage of the PharmaTrust website (the "Site,") indicates your agreement to those changes. Privacy & User Submissions THE PERSONAL INFORMATION YOU SUBMIT TO PCA SERVICES IS GOVERNED BY THE PCA SERVICES PRIVACY POLICY. TO THE EXTENT THERE IS AN INCONSISTENCY BETWEEN THIS AGREEMENT AND THE PRIVACY POLICY, THIS AGREEMENT SHALL GOVERN. The PCA Services Privacy Policy provides details on processes and procedures undertaken to ensure your privacy when using the Site. This document is incorporated into the Terms of Use by reference. We are committed to protecting the privacy of children. Please be aware that this Site is not intended or designed for the use of children under the age of 18. We do not collect personally identifiable information from any person we suspect to be a child under the age of 18. You understand that email is not a secure form of communication. As such, the transmission of personal or confidential information via email is not recommended. Content PCA Services authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use, provided that you include the following copyright notice: "© 2008 PCA Services Inc. All Rights Reserved". You must also include any other proprietary rights and copyright notices associated with the Content. Additional conditions associated with the use of specific software and other Content available on the Site may be included elsewhere, and are incorporated into these Terms and Conditions by reference. This includes special provisions associated with subscriptions services (e.g. the PharmaTrust Patient Portal). The Content is protected by copyright under Canadian and foreign laws. Title to the Content and all other rights not expressly granted herein are reserved to PCA Services or its licensors. Any use of the Content not expressly permitted under the Terms and Conditions is a breach of the Terms and Conditions, and may violate copyright, trademark, and other laws. Any Content provided on the Site is subject to change or termination without notice at the sole discretion of PCA Services. Violation of any of these Terms and Conditions automatically terminates your permission to use the Content, in which case you must immediately destroy any copies. Liability The use of the Site and the Content is at your own risk. When using the Site, information may be transmitted over a medium beyond the control and jurisdiction of PCA Services. PCA Services assumes no liability for or relating to the failure, delay, interruption, or corruption of any data transmitted in connection with use of the Site. The Site and the Content are provided "as is". PCA SERVICES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, PCA Services, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall PCA Services, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not PCA Services, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. PCA Services, its licensors, suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. Links to Other Sites Links to third-party information and web sites may be provided on the Site. PCA Services is not responsible for the content of linked third-party sites, does not endorse the content or products on any third-party websites, and does not make any representations regarding third party sites or content. Your use of third-party websites is at your own risk, and is subject to the terms and conditions of use for such sites. Indemnity You agree to defend, indemnify, and hold PCA Services, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions. General PCA Services is based in Oakville, Ontario, Canada. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, Privacy & User Submissions, Indemnity, Jurisdiction, and Complete Agreement. Jurisdiction You expressly agree that exclusive jurisdiction for any dispute with PCA Services, or in any way relating to your use of the Site, resides in the courts of the Province of Ontario, Canada and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ontario, Canada in connection with any such dispute including any claim involving PCA Services or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms and Conditions are governed by the laws of the Province of Ontario. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Notice and Takedown Procedures; and Copyright Agent If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting the copyright agent of PCA Services and providing the following information:
The PCA Services agent for copyright issues relating to this web site is as follows: PCA Services Inc. Complete Agreement Except as expressly provided in a particular "legal notice" on the Site, these Terms and Conditions and the PCA Services Privacy Policy constitute the entire agreement between you and PCA Services with respect to the use of the Site, and the Content. Thank you for your cooperation. We hope you find the PCA Services Site helpful and easy to use. Questions or comments regarding this website should be submitted using our Contact Us form. |
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