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Click Wrap License
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IACP “Click Wrap License” for Access to, and Use of, IACP On-line Internet Member Referral Service Information



A. Instructions:

This license will look very similar to an abbreviated “shrink wrap” license for the use of software procured on a CD-ROM or floppy disk, or a “click wrap” license for the use of software (or digital information products such as databases or information services) downloaded over the internet.
 
The license will require the user to click a button or icon on the screen indicating either acceptance or rejection of the terms of the license, before the screen proceeds into the substantive content of the IACP member referral service. If the user rejects the terms of the license, the user will not be allowed to use the information contained in the IACP member referral service. If the user accepts the terms of the license, then the user will be granted access to and the right to use the information in the IACP member referral service.
 
The terms of the license are designed to help prevent improper and abusive use of the information in the IACP member referral service.

B. IACP Database Site and Information Service License:

READ THIS BEFORE CLICKING ON THE SCREEN ICON TO OPEN AND USE THE IACP MEMBER REFERRAL SERVICE DATABASE AND INFORMATION SERVICE

Thank you for your interest in using the IACP On-Line Member Referral Service, which contains a database and information service for patients and healthcare practitioners attempting to locate local pharmacists to fill compounded prescriptions. Please read the following license agreement before clicking on the screen icon to open and use the IACP On-Line Member Referral Service. If you do not accept the terms and conditions in the license, you are unable to access and use the service. Only if you accept each of the terms below should you open the service.

BY CLICKING ON SCREEN ICON TO OPEN THE SERVICE, YOU ARE INDICATING ACCEPTANCE OF THESE TERMS AND CONDITIONS, WHICH FORM THE BASIS FOR A BINDING CONTRACTUAL OBLIGATION. THIS LICENSE WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH THESE TERMS AND CONDITIONS, BUT THE TERMS FOR ENFORCEMENT OF THE LICENSE EXPRESSLY SURVIVE SUCH TERMINATION AND WILL BE USED TO SEEK APPROPRIATE RELIEF TO STOP IMPROPER AND ABUSIVE USE OF THE SERVICE CONTRARY TO THE INTENDED PURPOSES OF THE SERVICE.

The services provided by IACP under this License are as follows: (a) access to the IACP membership data base, which is owned and produced by the IACP under special arrangements with IACP members, which is intended to be a service used only by patients and healthcare practitioners. DATABASE INFORMATION MAY BE ADDED OR DISCONTINUED OVER THE COURSE OF YOUR LICENSE TERM

The IACP owns the rights, including copyrights and all rights subsumed thereunder, in the database information and service presentation format of the IACP Referral Service, including but not limited to screen displays that it directly provides. Persons and entities providing information and services through the IACP Referral Service own the rights, including copyright rights, in their information, services and screen displays. You may download, save or printout information from the IACP Referral Service for your own personal use as a patient or as a healthcare practitioner. It is your responsibility to check for inaccuracies arising from transmission or otherwise.

Improper use of the IACP Referral Service: You may not use the database information and information services in the IACP Referral Service for any purpose other than to access the service. You may not directly use, or indirectly change, recompile, or manipulate any of the information or compilations of the databases for commercial gain, or for purposes of distribution or publication. You may not use the IACP Referral Service for any destructive or unlawful purposes, including, but not limited to, the dissemination of computer viruses. You may not access the IACP Referral Service through unauthorized means. You may not network the IACP Referral Service or otherwise republish the IACP Referral Service. You may not use or republish information or services provided through the IACP Referral Service unless the IACP expressly grants you such rights. You may not sell products or services through the IACP Referral Service, or otherwise contact those on the IACP Referral Service for commercial purposes, without the prior written consent of the IACP. You may not post obscene or inflammatory messages in any public posting areas, including bulletin boards, in the IACP Referral Service. You agree never to transmit or attempt to transmit any data detrimental to the IACP Referral Service. Improper use of the IACP Referral Service may result in possible civil and criminal liabilities. DAMAGE CAUSED BY YOU TO THE IACP REFERRAL SERVICE OR ANY OF ITS OTHER LICENSEES OR MEMBERS MAY SUBJECT YOU TO BOTH CIVIL REMEDIESAND CRIMINAL PENALTIES.

You will indemnify and hold IACP, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of the License by you, including from any use of the IACP Referral Service content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the IACP Referral Service.

The IACP Referral Service, and this License, are provided on an as-is basis with no warranties or representations, express or implied, concerning quality, performance, merchantability, or fitness for a particular purpose. You are responsible for any product or services you order through IACP members listed in the IACP Referral Service. Any and all transactions occurring between you and any IACP member listed in the IACP Referral Service are completely at your discretion except as prohibited by the terms of this Agreement. The IACP Referral Service is only providing you access and is not in any manner involved in product or service selection, purchase, warranties, delivery, or related matters. You are responsible for your own Internet and related telephone charges incurred in accessing the IACP Referral Service. In no event shall the IACP be liable for direct, indirect, special, incidental or consequential damages. The IACP is not liable for any damages caused by delay or error in access or transmission, improper use of the IACP Referral Service, your transactions or communications related to use of the IACP Referral Service, or any other cause of action. YOUR STATE LAW MAY OVERRIDE, DISPLACE, OR SUPERSEDE SOME OF THESE EXCLUSIONS AND LIMITATIONS.

This License will be governed and interpreted pursuant to the laws of Texas, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Texas in connection with any dispute between you and the IACP arising out of this License or pertaining to the subject matter hereof. The parties to this License each agree that the exclusive venue for any dispute between the parties arising out of this License will be in the state and federal courts in Houston, Texas. If any part of this License is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. This License constitutes the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. The IACP may revise this License at any time by updating these terms.

IF YOU ACCEPT THE ABOVE TERMS AND CONDITIONS, WHICH FORM THE BASIS FOR A BINDING CONTRACTUAL OBLIGATION, PLEASE CLICK YOUR BACK BUTTON TO RETURN TO THE REGISTRATION PAGE, CLICK ON THE FIND A PHARMACIST BUTTON AND YOU CAN BEGIN YOUR SEARCH.
 
Thank you
 

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