LEGAL AGREEMENT
This Good Neighbor Pharmacy Internet web site ("Web Site") is sponsored by Bergen Brunswig Drug Company ("GNP") on behalf of more than 2,000 independently owned and operated Good Neighbor Pharmacies nationwide. Information on the Web Site may contain references or cross references to products and services that are not announced or available in your locale. Such references do not imply that GNP or any of the independent Good Neighbor Pharmacies intend to announce such products or services in your locale. Prices and availability of specific products and services may vary. To ensure you have current and accurate information about those of interest to you, please contact GNP or your local Good Neighbor Pharmacy.
GNP maintains this Web Site as a service to the Internet community, subject to your compliance with the terms set forth in this Agreement, including all exhibits. Please read this Agreement carefully before accessing or using the Web Site. By doing so, you agree to be bound by the terms of this Agreement. If you do not wish to be bound by these terms, you may not access or use the Web Site. GNP may modify this Agreement at any time, and such modifications will be effective immediately upon posting the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Web Site thereafter will be deemed your conclusive acceptance of the modified Agreement.
INCLUSION OF OTHER NOTICES
This Web Site may contain other notices and copyright information, including our Year 2000 Readiness Disclosure, the terms of which must be observed and followed. Information provided on this Web Site does not constitute an offer to sell any particular product or service or engage in any other commercial transaction.
APPLICABLE LAW
No information on this Web Site will be construed so as to be contrary to law and whenever there is a conflict between any provision of this Agreement and any present law or regulation contrary to which the parties may not agree, such law or regulation will prevail; but, in such event, the affected provisions will be limited only to the extent necessary to bring them within the requirements of the law and to otherwise carry out the purposes of this Agreement.
By accessing or using the Web Site, you agree it is intended to be accessed and used only within the United States and will be only construed according to United States law. Any access or use from other locations is subject to your compliance with all applicable local laws. GNP makes no representation that material on the Web Site is appropriate outside the United States. Information concerning the sale of pharmaceutical and medical supply products applies only to sales within the United States and is subject to all applicable state and local laws.
DISCLAIMER & LIMIT ON DAMAGE
Information on this site
is provided for informational purposes and is not meant to be a
substitute for professional medical advice, diagnosis or treatment.
You should promptly seek the advice of your physician or other qualified
health provider with any questions you may have regarding a medical
condition. The use of this site and its contents is at your own
risk. MyGNP.com assumes no responsibility for any circumstances
arising out of the use, misuse, interpretation or application of
any information supplied on this site. Information and statements
regarding dietary supplements have not been evaluated by the Food
and Drug Administration and are not intended to diagnose, treat,
cure, or prevent any disease.
You also understand that GNP cannot and does not guarantee that
any software or other material available from the Web Site will
be free of infection, viruses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Web Site for the reconstruction of any lost
data. You assume total responsibility and risk for your use of the
Web Site, including your responsibility to evaluate the accuracy,
completeness and usefulness of all material provided through the
Web Site. GNP does not warrant that the Web Site will be uninterrupted
or error-free or that defects in the Web Site will be corrected.
SOFTWARE OR OTHER MATERIAL PROVIDED ON THIS WEB SITE AND RELATED
COMMUNICATIONS ARE PROVIDED "AS IS" FOR INFORMATION PURPOSES ONLY.
IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
(EVEN IF GNP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH PURPOSE), OR NON-INFRINGEMENT.
IN NO EVENT WILL GNP, ANY GOOD NEIGHBOR PHARMACY OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF THEY OR THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF THIS WEB SITE, INCLUDING DUE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE OR SOFTWARE OR OTHER MATERIAL DOWNLOADED THROUGH OR HYPERLINKED FROM THE WEB SITE. IN ANY EVENT, THE TOTAL OF ALL DAMAGES, INCLUDING DIRECT DAMAGES (WHETHER GROUNDED IN CONTRACT, TORT OR OTHERWISE) ARISING UNDER OR RELATED TO THE WEB SITE WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL SUMS PAID BY YOU TO GNP FOR SERVICES PROVIDED THROUGH THE WEB SITE DURING THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH SUCH DAMAGES WERE FIRST INCURRED. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, GNP's liability is limited to the greatest extent permitted by law.
TRADEMARKS
Our service and product names, including Good Neighbor Pharmacy, GNP+ and Bergen Brunswig Drug Company are registered trademarks and/or service marks of Bergen Brunswig Drug Company and its affiliates. All other names, logos and marks on the Web Site are owned or licensed by GNP and may not be used by you without express written permission from GNP.
COPYRIGHTS
©Copyright 1999-2002
Bergen Brunswig Drug Company ("GNP"). All rights reserved. The entire
contents of the Web Site are copyrighted under United States copyright
laws. No part of the Web Site may be reproduced, stored in a retrieval
system, transmitted or retransmitted in any form or by any means,
electronic, mechanical, photocopying, recording or otherwise, without
the prior written permission of GNP. You may print and download
portions of material from the different areas of the Web Site solely
for your own non-commercial, individual reference. Software and
other material downloaded from the Web Site ("Software") is the
property of GNP or its licensors and is protected by United States
and international copyright and intellectual property laws and treaty
provisions. All rights to patents, copyrights, trademarks, service
marks, trade secrets and other intangible property rights in the
Software or any modifications to it shall remain in GNP and its
licensors. You may not modify, reverse engineer, decompile, disassemble
or create derivative works based on the Software, or remove any
proprietary notices or labels that it contains. Subject to the foregoing,
you may make: (a) one machine readable copy, (b) one backup copy,
and (c) one print copy of any portions of material downloaded from
different areas of the Web Site solely for your non-commercial,
individual reference. Any other copying, distribution or publication
is strictly prohibited without the express written consent of GNP.
GNP does not want to receive confidential or proprietary information
from you and, as such, any information you provide to GNP through
the Web Site, such as inquiries, questions, comments, suggestions,
ideas, or the like will be provided without obligation of any kind
and GNP will be free to reproduce, use, disclose and distribute
such information to others without limitation. You agree to grant
to GNP a non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sublicense, reproduce, distribute, create derivative
works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas for new
or improved products and services) you submit to GNP through the
Web Site (including through e-mail, bulletin boards, forums or news
groups) by any means and in any medium. You also grant to GNP the
right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising
and promotional material related to it. You agree that you will
have no recourse against GNP or any Good Neighbor Pharmacy for any
infringement or misappropriation of any proprietary right in your
communications to us.
LINKS
Links in the Web Site may let you leave GNP's Web Site. The linked sites are not under the control of GNP and GNP is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. GNP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GNP of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties and other items of a destructive nature.
GNP welcomes links to this Good Neighbor Pharmacy Web Site. You are free to establish a hypertext link to this Web Site as long as the link does not state or imply any sponsorship or endorsement of your site by GNP or any of its affiliates. You may not frame any content of this Web Site without GNP's prior written consent. Nor may you incorporate any intellectual property of this Web Site. GNP does not want anyone to be confused what information and services are provided by GNP and which are not.
LIMITS ON ACCURACY
The Web Site was developed as a service by GNP to provide information about the products and services offered by the 2,000 independently owned and operated Good Neighbor Pharmacies nationwide. Information is believed to be accurate at the time it is created. However, each Good Neighbor Pharmacy makes its own decisions and such information may not apply in all cases. Also, like any printed material, information may become out dated over time. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial or other advice. This information is not intended to be a substitute for such advice.
GNP will use reasonable efforts to include accurate and up-to-date information on the Web Site, but GNP makes no warranties or representations as to its accuracy. All users agree that all access to and use of the Web Site is at their own risk.
Information on the Web Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. GNP and the independent Good Neighbor Pharmacies may also make improvements and changes in the products and services described in the Web Site at any time without notice.
FORWARD-LOOKING STATEMENTS
Certain non-historical information provided in this Web Site (including information concerning products and services, future economic performance, plans, objectives and financial and other information) identified as such constitutes "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and is subject to risks, uncertainties and other factors identified which could cause actual results to differ materially from those projected or implied. Such statements may be identified by the use of forward-looking language such as "may", "will", "should", "expect", "anticipate", "estimate" or "continue" or the negatives or other variations thereof or other comparable terminology.
INDEMNITY
You agree to indemnify, defend and hold harmless GNP, each Good Neighbor Pharmacy, and their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any information you provide or from any violation of this Agreement by you.
GENERAL
This Agreement will all be governed and construed in accordance with the internal laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between GNP and/or any independent Good Neighbor Pharmacy and you for any purpose concerning this Agreement or the parties' obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in Orange County, California, USA. Any claim or cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. GNP's failure to insist upon or enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will modify any provision of this Agreement. GNP may assign its rights and duties under this Agreement to any party at any time without notice to you. All provisions of this Agreement will be deemed to be severable. This Agreement and its related documents supersede all prior oral and written representations, which may have been entered into by the parties to this Agreement, that relate to the subject matter of this Agreement. Captions in this Agreement are intended for convenience of reference only. Words used in this Agreement, regardless of the number and gender specifically used, will be construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires. This Agreement will benefit, and be binding upon, the successors of the parties to this Agreement. Neither party to this Agreement will be liable for its failure to perform an obligation under this Agreement if that failure results from any cause, except financial, beyond that party's reasonable control. Any provision of this Agreement may survive this Agreement's termination if the provision's context shows that the parties to this Agreement intended the provision to survive.
Sponsor: Bergen Brunswig Drug Company ("GNP"), 4000 Metropolitan Drive, Orange, California 92868 U.S.A.