1. ACCEPTANCE OF TERMS
Welcome to Cardinal.com. Cardinal Health, Inc. is affiliated with Cardinal Distribution*; Allegiance Healthcare Corporation; Medicine Shoppe International, Inc.; National PharmPak Services, Inc.; National Specialty Services, Inc.; Owen Healthcare, Inc.; PCI Services, Inc.; R.P. Scherer Corporation; CORD Logistics, Inc. and Automatic Liquid Packaging, Inc.; Cardinal and its affiliated entities are collectively referred to herein as ("Cardinal"). Cardinal's mission is to help our customers across the health-care industry -- from manufacturers to providers of patient care -- find answers to the challenges they face. The Services (as defined below) provided to you and your agents ("you" or "yours") on this web site include services provided by Cardinal's affiliated companies. The Terms and Conditions of Service include any posted guidelines or rules applicable to particular Services and, as updated by Cardinal from time to time, are collectively referred to as the "Terms and Conditions". By using the Services, you agree to these Terms and Conditions, which govern your use of the Site and Services. You can review the most current and complete version of these Terms and Conditions at any time.
2. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions may be contained in written agreements between the Cardinal affiliates and you. For example with respect to Allegiance Healthcare Corporation, these additional terms may include:
Returned Good Policy
How To File Freight Claims
Warranty and Limitation of Warranty
3. USE OF SERVICES
Cardinal currently offers the following online services: ordering, reporting, integration, personalization and education. As provided by Cardinal, these functions are collectively referred to as the "Services". Cardinal may alter, augment or terminate the Services in whole or in part at any time and from time to time in its sole discretion. Cardinal reserves the right to modify, deny or suspend your access to the Services at any time without notice to you. The information Cardinal obtains from you will be subject to Cardinal's Privacy Statement. To use the Services you will need access to the World Wide Web and you must pay any fees associated with your access and the Services you obtain. Of course, you will also need equipment and a modem or other access device. Cardinal currently uses Secure Socket Layer (SSL) technology to help protect information that passes over the Internet. You must have a certain browser capability to take advantage of this encryption technology, which is currently included in version 4.0 and higher versions of Microsoft ExplorerÂ® and Netscape NavigatorÂ®.
4. REGISTRATION REQUIREMENTS
Upon completion of registration, you will receive a password and user ID. You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify your Cardinal.com administrator or dial 1-800-ECOMHELP in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or (iii) you became aware of any other breach of security that might affect the Cardinal Services. Cardinal is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
Additionally, if you are an administrator responsible for creating user IDs for your institution, you agree on behalf of your institution that you personally and your institution are liable for any and all use of these additional IDs and passwords.
5. DISCLAIMER OF WARRANTIES
THE USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARDINAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CARDINAL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SERVICES IS TO CEASE TO USE THE SERVICES. UNLESS OTHERWISE INDICATED, ANY WARRANTIES APPLICABLE TO PRODUCTS OBTAINED THROUGH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THOSE PURCHASED FROM THIRD PARTIES, ARE PROVIDED BY THE MANUFACTURERS OF SUCH PRODUCTS. IF ANY ADDITIONAL TERMS AND CONDITIONS WITH RESPECT TO PRODUCTS PURCHASED, INCLUDING ADDITIONAL DISCLAIMERS OF WARRANTIES, MAY APPLY TO PURCHASES AS A RESULT OF THE APPLICATION OF VARIOUS PROCUREMENT APPLICATIONS THAT YOU MAY USE TO PURCHASE PRODUCTS ON THIS SITE OR AS OTHERWISE AGREED TO BY YOU AND THE APPLICABLE THIRD PARTY PROVIDER.
6. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CARDINAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CARDINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SERVICES, OR (iv) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES.
7. CONDUCT ON THE SITE
You understand and agree that all information, data, and other material provided in the Services ("Content") is the responsibility of the person or entity providing such Content. In the event that Cardinal permits you to upload, post, email or otherwise transmit information for display on the Site, you will be responsible for all Content that you upload, post, email or otherwise transmit. Likewise, you are responsible to respect third party rights with respect to all Content that appears on the Site and not to download, email or otherwise transmit such content in violation of such third party's rights. You agree not to use the Services to: upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity; upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically, or otherwise offensive; impersonate another person or entity, including without limitation a representative of Cardinal, falsely represent or misrepresent your affiliation with another person or entity, forge headers, or otherwise manipulate identifiers that would disguise the origin of any Content transmitted through the Services; upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials including without limitation initiation or perpetuation of any "Spam", "Junk Mail", or any other potentially objectionable form of unsolicited communication, except to the extent such an activity is clearly reasonable and appropriate (such as advertising) and then only in areas of the Site designated for such activities (such as a shopping room); use the Services or the Site for any purpose or in any matter that violates any local, state, or federal law or regulation or the law or regulation of any foreign government; collect or store personal data with respect to other users, except as contemplated by these Terms and Conditions and then only for the express purpose of providing lawful communication that may reasonably be anticipated by other users; directly or indirectly, intentionally disrupt or interfere with the Site or the Services in any manner that may materially adversely affect Cardinal or any user; or upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.
8. DISCLAIMER OF CONTENT
You understand and acknowledge that Cardinal assumes no responsibility to screen or review Content provided as part of the Services that is originated by parties other than Cardinal, and that Cardinal shall have the right, but not the obligation, in its sole discretion to monitor, refuse and remove any Content that is available on the Site or through use of the Services. Cardinal expressly disclaims all responsibility or liability to you or any other person or entity for the performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
9. NO RESALE OF SERVICES
You agree to use the Services solely for your own internal business purposes and not to use or exploit any portion of the Site or the Service for commercial purposes not related to your business with Cardinal.
10. OWNERSHIP OF CONTENT
You understand and agree that your use of the Services entitles Cardinal to use, monitor and preserve copies of all information and Content and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms and Conditions, assistance in responding to claims that Content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of Cardinal or any other person or entity.
The Services may provide, or third parties may provide, links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Cardinal with respect to the provider of such linked site or any verification of the quality, reliability or any other characteristic or feature of such linked site, and that Cardinal is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation the content provided on or through any such linked site or your reliance thereon. CARDINAL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to defend, indemnify and hold Cardinal, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site, its Content or Services (including any interactive areas of the Services) in a manner that violates these Terms and Conditions. Cardinal shall provide notice to you promptly of such Claim and shall reasonably cooperate with you, at your expense, in your defense of any such Claim.
13. TRADEMARK INFORMATION
Cardinal is a trademark of Cardinal Health, Inc.. Other trademarks are owned by Cardinal or its affiliated entities or are owned by and used with the permission of their third-party owners, as indicated. You agree not to use or display trademarks without the prior written consent of Cardinal or the owner of such mark.
14. COPYRIGHT INFORMATION
The Content is owned by Cardinal and /or third parties and is protected under United States copyright laws, and the copyright laws of other countries. Certain materials are used by permission of their respective owners. The Content, including but not limited to graphic images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Cardinal, except that, subject to your compliance with the Terms and Conditions, Cardinal authorizes you to view or download a single copy of the Content solely for your use in your business provided that you keep intact all copyright, trademark, and other proprietary notices. Modifications of Content or use of Content for any other purpose is a violation of the rights of Cardinal or third parties. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Cardinal or third parties.
15. JURISDICTION AND VENUE
You and Cardinal agree that this Agreement and the relationship between you and Cardinal will be governed by the laws of the State of Ohio, without respect to its conflict of laws provisions and that venue with respect to any dispute between you and Cardinal will rest exclusively in the courts of Franklin County and the federal district court for the Southern District of Ohio.
Cardinal may provide notice to you by email, regular mail, certified mail or return receipt requested to the address you provide to Cardinal.
17. GENERAL PRACTICES REGARDING STORAGE
You understand and agree that Cardinal may from time to time establish and revise practices and limitations concerning your use of the Service. You agree that Cardinal shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the Site or transmitted using the Site or the Service.
18. TERMINATION OR REGISTRATION
You acknowledge and agree that Cardinal may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason, including without limitation, if: (i) you do not use the Services for what Cardinal, in its sole discretion, deems to be an extended period of time; (ii) Cardinal believes that you have violated any of these Terms and Conditions, (iii) you have otherwise acted or failed to act in any manner that Cardinal deems objectionable. You agree that any termination of your access to the Site or the Service shall not result in any liability or other obligation of Cardinal to you or any third party in connection with such termination.
These Terms and Conditions constitute the entire agreement between you and Cardinal and govern your use of the Services. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the Services. 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. The failure of Cardinal to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms and Conditions must be filed within one year after such claim or cause of action arose.
Your use of this Site is subject to the Terms and Conditions that you agreed to when you registered as a user. The Terms and Conditions may change from time to time and you should review them to ensure that you are aware of the provisions that govern your use of this Site.
* The term "Cardinal Distribution" shall include the following affiliated operating companies: RedKey, Inc., Whitmire Distribution Corporation, James W. Daly, Inc., Cardinal Southeast, Inc., Bindley Western Industries, Inc., and any drug distribution company that is a subsidiary of Cardinal Health, Inc., as may be designated by Cardinal Health, Inc.