Terms of Use

Last Updated: November 13, 2014

Welcome

Welcome to the National Association of Boards of Pharmacy® (NABP®) dotpharmacy Internet site (“Site”) of the. This Site is intended to advance NABP’s mission and objectives to protect public health by providing a trustworthy top-level domain in which consumers around the globe can be confident that websites operate in compliance with professional pharmacy practice standards, including appropriate medication dispensing practices. This Site provides information about the .pharmacy program including, but not limited to, the program application, standards, policies, and terms (collectively “Content”).

Access or Use of the Site

Any person or entity accessing, browsing, or using this Site, in any manner, is considered a “User” under this statement of the Terms of Use for the National Association of Boards of Pharmacy dotpharmacy website (“Statement” or “Statements”). All Users acknowledge and agree to be bound to the terms and conditions of this Statement, including all revisions to this Statement which may be made at any time, for any reason, in the sole discretion of NABP. If User does not agree with this Statement, or any revisions to this Statement following posting of such revisions on this Site, then User agrees to cease using the Site immediately. NABP will post revised Statements on the Site and the date that the Statement was revised. The Statement that is posted on the Site is the Statement that is currently in effect. User agrees to periodically review the terms and conditions set forth herein.

User is responsible for his/her/its use of this Site and Content, as well as all data, information, and material submitted or transmitted to the Site by User. Further, User is solely responsible for accessing and using this Site and its Content in compliance with all applicable federal, state, and local laws and the Statement.

Any Site Content that User accesses, copies, downloads, or uses is done so at User’s risk and User assumes sole responsibility for any decisions made based upon such Content and any damage or harm to User’s computer or computer system(s) due to such use of Site Content.

User is strictly prohibited from engaging in unlawful, objectionable, or malicious conduct or activities related to this Site, its Content, or its servers, which include, but are not limited to, the transmission or distribution of viruses, computer worms, Trojan horses, malicious code, denial of service attacks, unsolicited commercial e-mail, or the like; the unauthorized entry to any other machine accessible via the Site; the unauthorized submission or transmission of data or material protected by a proprietary right of a third party; or the submission of harmful, obscene, sexual, threatening, harassing, defamatory, unlawful, or otherwise objectionable information, material, or communications. In the event that User engages in such conduct, activities, transmissions, or submissions, or otherwise causes any technical disruption of this Site or the services transmitting the Site to User, User shall be responsible for all NABP and third party claims, losses, liabilities, and costs, including reasonable attorneys’ fees, arising from any and all such conduct, activities, transmissions, or submissions.

Disclaimers

NABP offers the Site and its Content “as is,” and, to the fullest extent permitted by law, disclaims all warranties regarding the Site and its Content, whether expressed or implied, including, but not limited to, any warranty as to the quality, accuracy, sufficiency, non-infringement, merchantability, or suitability of this Content for any particular purpose. Further, User agrees that NABP, its members, directors, officers, employees, contractors, authorized representatives, affiliates, and assigns shall have no liability or responsibility for any damages, losses, costs, or expenses, regardless of the cause of action, which may arise, directly or indirectly, based upon the performance of this Site or User’s access to, copying of, downloading of, or use of any Site Content or the server that makes the Site available.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES AND ASSIGNS AND/OR ANY OTHER PARTY INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USER’S ACCESS TO, OR USE OF, THE SITE OR FOR USER’S PURCHASE OR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED HEREIN OR LINKED THROUGH THE SITE.

NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO NABP OR OTHER PARTIES’ TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF NETWORKS, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, MISCONDUCT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, ASSIGNS, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE DEVELOPMENT, PRODUCTION, OR DELIVERY OF THE SITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF NABP, ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AUTHORIZED REPRESENTATIVES, AFFILIATES, AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If applicable federal, state, or local law does not permit the limitation or exclusion of liability or incidental or consequential damages as stated herein, then such limitations or exclusions shall be considered modified but only to the extent necessary to comply with applicable law. In no event shall NABP’s total liability to User, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort (including without limitation negligence), or otherwise, exceed the amount paid by User, if any, for accessing this Site.

Third-Party Internet Sites

The Site may include information about or links to other Internet sites maintained by third parties. NABP does not control these sites or their content. Unless otherwise specifically noted, no endorsement of these Internet sites or their content is intended or made based upon NABP’s inclusion of such information or links on this Site. NABP, its members, officers, directors, employees, contractors, authorized representatives, affiliates and assigns disclaim all responsibility and liability for these Internet sites and their content, including their products, services, quality, accuracy, sufficiency, proper functioning, and compliance with law. Further, NABP, its members, officers, directors, employees, authorized representatives, contractors, affiliates and assigns are not liable for any claim, loss, or damage arising from User’s reliance on the content of these Internet sites, use of these Internet sites, purchase or use of any products or services offered on these Internet sites, or linking to such Internet sites from this Site.

Proprietary Information

The Content of this Site is proprietary and includes copyrighted materials and trademarks that are owned by NABP, unless otherwise noted. User may use Content on this Site for User’s non-commercial personal use only; any other use, copying, publication, transmission, display, downloading, or distribution of any portion of such Content is strictly prohibited without the prior written consent of NABP and/or the owner of any non-NABP copyrighted or trademarked Content.

Linking to the Site

Users and others who wish to establish a hyperlink to this Site may do so only upon the prior written approval of NABP. To request such approval, please complete our linking request form.

NABP may choose to monitor any area of the Site and may use or disclose any User information, data, or communications of any kind (i) to satisfy any law or regulation; (ii) to satisfy any administrative, judicial, regulatory, law enforcement, or government request or process; (iii) to protect or defend NABP’s rights or property or the rights or property of other Users, our members, directors, officers, employees, contractors, authorized representatives, vendors, licensees, licensors, affiliates, and the like; (iv) if NABP believes in good faith that the User is engaging in conduct that violates state or federal law; or (v) as otherwise specifically set forth in NABP’s policies, applications, registration forms, agreements, contracts, correspondences, and the like (collectively “Policies”). If there is a conflict between the terms of the Statement and the Policies, the terms of the Policies prevail.

Confirmation Numbers and Passwords

User agrees to maintain the security and confidentiality of all confirmation numbers, passwords, identifications, and other devices (collectively “Device” or “Devices” as the context requires) that NABP may provide or User may create pursuant to User using the Site. User agrees to immediately notify NABP if a breach in security or confidentiality is suspected or has occurred in connection with a Device. User assumes all responsibility for submissions or activities occurring under a Device.

NABP Remedies

In the event that User fails to adhere to the terms of this Statement, NABP may elect to pursue any and all available remedies that it deems appropriate at any time and in its sole discretion including, but not limited to, suspension or termination of User’s access to or use of this Site, injunctive relief, monetary damages, or referral of matters to law enforcement, governmental, or regulatory authorities for further handling.

Miscellaneous

This Statement is solely governed by and construed in accordance with the laws of the State of Illinois, without regard to any principles of conflicts of law. If any provision of this Statement is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Statement and shall not affect the validity and enforceability of any remaining provisions. Headings are included in this Statement for reference purposes only and are not binding on NABP.