Terms of Use
All use of American Pharmacists Association ("APhA") japha.org webpages is subject
to the terms and conditions set forth herein. By completing the registration process,
clicking the User Agreement acceptance "button," and using japha.org, you represent
that you are at least 18 years old and that you agree to abide by the terms and
conditions set forth herein.
By accessing or using the japha.org website, you agree to be bound by these terms
and conditions below and any guidelines, rules or disclaimers that may be posted
and updated on specific webpages or on notices that are sent to you. If you do not
agree with these terms and conditions, you are not permitted to use the japha.org
website.
APhA reserves the right to change, modify, add or remove portions of these terms
and conditions in its sole discretion at any time and without prior notice. Please
check this page periodically for any modifications. Your continued use of the japha.org
website following the posting of any changes will mean that you have accepted the
changes.
Definitions
The term "japha.org Owned Content" means information entered into japha.org by APhA
and its authorized agents, including, without limitation, those authorized representatives
who are editors or who are otherwise designated by APhA to contribute to japha.org
(collectively the "APhA Designated Online Providers").
The terms "you" and "User" refer to the person who completes the registration process.
Limited License and Restricted Use of japha.org
During the term of User’s subscription to japha.org, APhA hereby grants User a non-exclusive,
non-transferable license to access and use japha.org for the fees and under the
terms described in this User Agreement. For individual subscriptions, only one person
at a time may access japha.org using the User''s screen name and password. japha.org
may only be used for private, noncommercial purposes.
User may display, download, or print out images associated with the site for personal
and educational use only. Educational use refers to classroom teaching, lectures,
presentations, rounds, and other instructional activities, such as displaying, linking
to, downloading, printing and making and distributing multiple copies of said isolated
materials in both print and electronic format. User will only display, distribute,
or otherwise make such images from the applicable japha.org site(s) available to
students or other persons attending in-person presentations, lectures, rounds or
other similar instructional activities presented or given by User.
User may not otherwise copy, transmit, rent, assign, lend, sell, or modify any materials
from japha.org or modify or remove any proprietary notices contained therein, or
create derivative works based on materials from japha.org. User may not engage in
systematic retrieval of japha.org Owned Content to create or compile, directly or
indirectly, a collection, compilation, database or directory without prior written
permission from APhA. User may not use any robots, spiders, crawlers or other automated
downloading programs or devices, including without limitation, to: (i) continuously
and automatically search or index any japha.org Owned Content; (ii) harvest personal
information from japha.org; or (iii) cause disruption to the operation of japha.org.
APhA reserves the right to terminate the User''s subscription at any time if the
User downloads or prints out portions of japha.org in violation of these terms and
conditions. The User may not disseminate any portion of japha.org through electronic
means, including mail lists or electronic bulletin boards and agrees not to restrict
or inhibit any other User''s access to, or use of, japha.org.
Ownership of japha.org Owned Content
All of the japha.org Owned Content is either the property of APhA or is licensed
to APhA and is protected by copyright and other intellectual property laws. The
User shall honor all requests by APhA to protect APhA''s proprietary interests in
japha.org and japha.org Owned Content. By this limited license no ownership or proprietary
rights to japha.org Owned Content are transferred to the User.
Registration
The license to japha.org is done through a registration process. As part of the
registration process, you must select a screen name and password. You are required
to keep the User name and password confidential. You are responsible to promptly
notify APhA of any disclosure or unauthorized use of your User name and password
by calling 1-202-448-8731 or sending email to aphainfocenter@aphanet.org. You will
be assigned a new User name and password. You will be responsible and liable for
any damages which occur prior to such notification, including charges incurred as
a result of the unauthorized use of your credit card. You will notify APhA within
thirty (30) days of any other changes in your registration data.
APhA utilizes a password account for User access to japha.org. A password account
requires you to log on each time you want to access japha.org. To receive such access,
you must submit the subscription payment. You may change the User name and/or password
by contacting APhA. APhA’s sole obligation with respect to the User names and passwords
is to exert reasonable efforts to maintain the confidentiality of such User names
and passwords in APhA’s possession. It is the responsibility of the User to promptly
notify APhA in writing of unauthorized use of, or lost or stolen User names and
passwords. APhA will reissue new User names and passwords upon receipt of User’s
notice provided that User is in compliance with the terms and conditions of this
User Agreement. You may not publish or disclose User names or passwords unless written
permission is obtained from APhA. User names and passwords are not permitted to
be disseminated via an unsecured webpage.
Privacy Policy
APhA may, from time to time, use information you provide as part of the registration
process to send you information regarding other products or services from APhA which
may be of interest to you. In addition, APhA may provide aggregated, anonymous statistical
information about japha.org subscribers to other persons, including potential advertising
clients. For detailed information, please click the APhA Privacy Policy link at
the bottom of any screen of japha.org.
Term and Termination
The term of this Agreement and the license granted herein is as set forth on the
subscription pricing sheet executed by Licensee. The term of this Agreement and
the subscription license will renew as provided for on the subscription pricing
sheet.
APhA may discontinue or change japha.org, or its availability to you, at any time.
If you refuse or fail to abide by these terms and conditions or violate any other
terms or conditions of this User Agreement, APhA reserves the right in its sole
discretion to suspend or terminate your access to japha.org immediately without
notice, in addition to any other available remedies.
Fees and Payments
Your subscription fee for japha.org must be fully paid before you will be provided access to japha.org.
You agree to pay all fees and charges incurred in connection with your User name
and password, including applicable taxes and communications or access charges, at
the rates in effect when the charges were incurred. For a list of current fees please
see the subscription area of your selected japha.org service. User fees will be
billed automatically to your credit card at the start of each subscription period.
Fees and charges are non-refundable. APhA may change subscription rates in the normal
course of business. In that case, you will be notified of the new rates (if any)
in the APhA annual renewal notice which you will receive prior to the end of your
subscription term. All charges incurred in connection with your account will be
billed to the credit card you designate during the registration process.
Updates, Revisions and Technical Support
APhA has the right, but not the obligation, to modify, revise or update japha.org,
but revisions or updates, as well as any applicable technical support, will be provided
to User only if User has accepted the terms and conditions of this User Agreement
and User has paid all applicable fees. APhA shall have no obligation to provide
you with any maintenance or support relating to japha.org.
Export
User may not download or otherwise export or re-export any underlying software,
technology or other information from japha.org except in full compliance with all
U.S. and other applicable laws and regulations. In particular, but without limitation,
none of the underlying information or technology may be downloaded or otherwise
exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods
or (ii) to anyone on the U.S. Treasury Department''s list of Specially Designated
Nationals or the U.S. Commerce Department''s or State Department''s Table of Denial
Orders. You agree to indemnify and hold harmless and defend APhA and the APhA Designated
Online Providers against any and all liability arising from or relating to your
breach of this section.
Links
APhA may provide, or third parties may provide, links to other World Wide websites
or resources. APhA does not endorse and is not responsible for any data, software
or other content available from such sites or resources and you acknowledge and
agree that APhA shall not be liable, directly or indirectly, for any damage or loss
relating to your use of or reliance on such data, software or other content.
Systems Reliability
APhA aims to keep the japha.org website available twenty-four (24) hours a day,
seven (7) days a week and to maintain saved information. However, due to technical
failures, acts of God or routine maintenance, availability may be limited and/or
information may be lost. APhA shall not be liable for lost information or non-availability
of the japha.org website.
Neither APhA, its affiliates, nor any third-party content providers or licensors
makes any warranty whatsoever, including without limitation, that the operation
of the japha.org website will be uninterrupted or error-free; that defects will
be corrected; that the japha.org website, including the server that makes it available,
is free of viruses or other harmful components; as to the results that may be obtained
from use of the japha.org Owned Content or other materials on the japha.org website;
or as to the accuracy, completeness, reliability, availability, suitability, quality,
non-infringement or operation of any japha.org Owned Content, product or service
provided on or accessible from the japha.org website.
User Indemnification
The User agrees to indemnify APhA and the APhA Designated Online Providers, and
each of their officers, directors, trustees, employees, and agents, from all damages,
liabilities, costs, charges and expenses, including reasonable attorneys'' fees,
which APhA and the APhA Designated Online Providers, and each of their officers,
directors, trustees, employees, and agents, may incur as a result of either: (i)
the User''s violation of this User Agreement; (ii) or otherwise due to or arising
out of User’s use of japha.org or any violation of any rights of another. APhA reserves
the right to assume the exclusive defense and control of any such matter for which
the User has agreed to indemnify APhA or the APhA Designated Online Providers.
Disclaimer
MEDICINE IS AN EVER-CHANGING SCIENCE. AS NEW RESEARCH AND CLINICAL EXPERIENCE BROADEN
OUR KNOWLEDGE, CHANGES IN TREATMENT AND DRUG THERAPY ARE REQUIRED. APHA AND THE
APHA DESIGNATED ONLINE PROVIDERS HAVE CHECKED WITH SOURCES BELIEVED TO BE RELIABLE
IN THEIR EFFORTS TO PROVIDE INFORMATION THAT IS COMPLETE AND GENERALLY IN ACCORD
WITH THE STANDARDS ACCEPTED AT THE TIME OF PUBLICATION. HOWEVER, IN VIEW OF THE
POSSIBILITY OF HUMAN ERROR OR CHANGES IN MEDICAL SCIENCES, NEITHER APHA NOR THE
APHA DESIGNATED ONLINE PROVIDERS WARRANT THAT THE INFORMATION CONTAINED IN japha.org
IS IN EVERY RESPECT ACCURATE OR COMPLETE, AND THEY ARE NOT RESPONSIBLE FOR ANY ERRORS
OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. USERS ARE
ENCOURAGED TO CONFIRM THE INFORMATION CONTAINED IN japha.org WITH OTHER SOURCES.
FOR EXAMPLE, AND IN PARTICULAR, USERS ARE ADVISED TO CHECK THE PRODUCT INFORMATION
SHEET INCLUDED IN THE PACKAGE OF EACH DRUG THEY PLAN TO ADMINISTER TO BE CERTAIN
THAT THE INFORMATION CONTAINED IN japha.org IS ACCURATE AND THAT CHANGES HAVE NOT
BEEN MADE IN THE RECOMMENDED DOSE OR IN THE CONTRAINDICATIONS FOR ADMINISTRATION.
THIS RECOMMENDATION IS PARTICULARLY IMPORTANT IN CONNECTION WITH NEW OR INFREQUENTLY
USED DRUGS.
No Warranties/Limitations on Liability
japha.org OWNED CONTENT AND japha.org AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED
ON AN "AS IS" BASIS. NEITHER APHA NOR THE APHA DESIGNATED ONLINE PROVIDERS MAKE
ANY GUARANTEES OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RESULTS TO
BE OBTAINED FROM ACCESSING AND USING japha.org, NOR ANY MATERIAL WHICH CAN BE ACCESSED
(VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH japha.org.
NEITHER APHA NOR THE APHA DESIGNATED ONLINE PROVIDERS SHALL BE LIABLE TO THE USER
OR TO ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION,
REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.
IN NO EVENT WILL APHA OR THE APHA DESIGNATED ONLINE PROVIDERS BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
LOST TIME, LOST MONEY, LOST PROFITS OR LOST GOODWILL, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN
WITH RESPECT TO ANY USE OF japha.org. USER AGREES THAT IF ANY DAMAGES OF WHATEVER
KIND ARE ASSESSED AGAINST APHA OR ANY OF ITS THIRD PARTY LICENSORS, INCLUDING, WITHOUT
LIMITATION, THE APhA DESIGNATED ONLINE PROVIDERS, ARISING OUT OF, OR RELATING TO
USE OF japha.org THEN THOSE DAMAGES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID
TO APHA FOR USE OF japha.org DURING THE PREVIOUS TWELVE (12) MONTH PERIOD.
Notices
The inclusion in this book of any product in respect to which patent or trademark
rights may exist shall not be deemed, and is not intended as, a grant of or authority
to exercise any right or privilege protected by such patent or trademark. All such
rights or trademarks are vested in the patent or trademark owner, and no other person
may exercise the same without express permission, authority, or license secured
from such patent or trademark owner.
The inclusion of a brand name does not mean APhA or the APhA Designated Online Providers
have any particular knowledge that the brand listed has properties different from
other brands of the same product, nor should its inclusion be interpreted as an
endorsement by the APhA or the APhA Designated Online Providers. Similarly, the
fact that a particular brand has not been included does not indicate the product
has been judged to be in any way unsatisfactory or unacceptable.
General
This User Agreement constitutes the entire agreement between the User and APhA relating
to japha.org and supersedes any and all other agreements, oral or in writing, with
respect to japha.org. This User Agreement may be modified only by a writing signed
by both parties. The failure of APhA to insist upon strict compliance with any term
of this User Agreement shall not be construed as a waiver with regard to any subsequent
failure to comply with such term or provision. This User Agreement is personal to
you, and you may not assign your rights or obligations to anyone. If any provision
in this User Agreement is invalid or unenforceable under applicable laws, the remaining
provisions will continue in full force and effect. This User Agreement, your rights
and obligations, and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the District of Columbia, as if
the Agreement was a contract wholly entered into and wholly performed within Washington,
DC. You hereby submit to and agree that the sole jurisdiction and venue for any
actions that may arise under or in relation to the subject matter hereof shall be
the courts located in the District of Columbia.