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Terms & Condition

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Effective As of May 5, 2019.

E-Pharm Connect

Website Terms & Conditions of Use

Welcome to the E-Pharm Connect Your Website and Portal! E-Pharm Connect provides this website to you for your convenience and in order to provide you the ability to access certain pharmaceutical products and services for you and your preferred vendor. The E-Pharm Connect website may also be accessed via the mobile app available for download on Google Play or the Apple AppStore. Use of the mobile app is subject to the applicable End User Agreement.

This website is an internet-based source of Pharmaceutical Products information for Manufacturers, Wholesalers and Retailers. Your use of the website, though, is limited in important ways as outlined below. Please read this information carefully.

Your access to this Website is subject to your agreement with all these Terms & Conditions of Use as set forth below (including our Privacy Policy). These Terms & Conditions together with our Privacy Policy constitute the agreement between you and E-Pharm Connect regarding use of this Website (“Agreement”). Your license to use this website is limited.

Should you choose to register to access the non-public portion of this Website and take advantage of all the information and services that may be available to you, your use of this Website is also subject to the Customer Registration Agreement which is also part of your Agreement with E-Pharm Connect .

Subject to the Terms and Conditions herein, E-Pharm Connect, its agents, officers, employees, and any related or affiliated entities (collectively “E-Pharm Connect, LLC”), grants you a limited right and ability (“License”) to:Subject to the Terms and Conditions herein, E-Pharm Connect, its agents, officers, employees, and any related or affiliated entities (collectively “E-Pharm Connect, LLC”), grants you a limited right and ability (“License”) to:

Download and make limited printouts of the information you view; and

Use the search tools and other services provided on the website.

Please read this agreement carefully before accessing or using the website. By accessing or using the website, you agree to be bound by all of the terms and conditions below. Please print a copy of these terms & conditions for your reference.

Modifications to this Agreement

E-Pharm Connect may revise these terms & conditions at any time. Should any revisions be made, E-Pharm Connect will give notice to you and all users by posting a notice regarding the revisions on this website, and the new revisions will be effective as of their posting. By accessing or using this website after such revisions are posted you agree and consent to all such revisions.

E-Pharm Connect Role and Performance

The content made available to you on this website is to be used for informational purposes, buying and selling purposes. The material presented by E-Pharm Connect LLC should not be measured complete; should not substitute a license or document or should not serve as an authorization for any pharmaceutical merchandise, medical device or software. The information contained in this website is for over-all information purposes, buying and selling purposes only. As a platform we confirm and perform due diligence but to complete the buying/selling transaction, it is users’ responsibility to make sure all required necessary documents and licensures. E-Pharm Connect or its vendors shall use commercially reasonable efforts to ensure the accuracy of the content, licensure and eligibility but neither E-Pharm Connect nor their respective affiliates or vendors guarantees the sequence, accuracy, or completeness of the content, documents and licensures and shall not be liable in any way to you, or anyone else to whom the content may be furnished, for any delays, inaccuracies, unavailability, errors or omissions in the content. Such content is relied upon at your own risk and sole discretion.

E-Pharm Connect provides a platform to negotiate and accomplish buying and selling of Pharmaceutical related products.

Website Content and Access

E-Pharm Connect reserves the right without prior notice to discontinue any services or content available on this Website, or otherwise change specifications at any time without incurring any obligations to you or any other party.

Privacy Policy

Access to this Website may be monitored from time to time. Your use of this Website constitutes your consent to such monitoring and data collection as set forth in our Privacy Policy.

Ownership

The content on this Website, including without limitation the text, graphics, logos, button icons, images, video or audio clips, digital downloads, data compilations and software, is the property of E-Pharm Connect LLC, the E-Pharm Connect or their respective affiliates or vendors and is protected under applicable United States and international patent, copyright, trademark and other intellectual property laws. The compilation of all content on this Website, as well as the original arrangement, organization, design, formatting, trade dress, look and feel of the Website is also the exclusive property of E-Pharm Connect LLC , the E-Pharm Connect or their respective affiliates or vendors and is also protected by United States and international intellectual property laws.

E-Pharm Connect or its affiliates are the owner of the trademarks E-Pharm Connect ®. Other graphics, logos, button icons, and service names appearing on this Website are also the distinctive and protected trademarks, service marks, or trade names of E-Pharm Connect or its affiliates. This Website may contain various third-party names and marks that are the property of their respective owners.

Any unauthorized use of our marks or of our copyrighted material or trade dress or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.

Warranty Disclaimer

This website and all information, services and related materials it contains are provided "as is," “as available” and “with all faults.” E-Pharm Connect makes no representation or warranty whatsoever regarding the completeness, accuracy, currency, or adequacy of, or the suitability, functionality, availability, or operation of this website or the information or materials it contains. To the fullest extent permissible under applicable law, E-Pharm Connect LLC, the E-Pharm Connect and their respective affiliates and vendors, specifically disclaim all warranties, express or implied, with respect to this website and the information and materials contained on this website, including without limitation the warranties of merchantability, title and non-infringement and any warranties arising from a course of dealing or usage in trade.

Use of the internet is inherently unreliable. As a result, neither E-Pharm Connect LLC nor the E-Pharm Connect warrants that the website or your access to the website will be uninterrupted or error-free, that defects in the website will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. Neither E-Pharm Connect LLC nor the E-Pharm Connect warrants or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise.

While E-Pharm Connect takes commercially reasonable efforts to protect the privacy and confidentiality of your information and transactions, E-Pharm Connect cannot ensure any internet transaction is completely secure. E-Pharm Connect and its vendors use industry standard technology to help protect against the loss, misuse and alteration of the information under E-Pharm Connect control; however, E-Pharm Connect LLC does not guarantee that such loss, misuse or alteration will not occur.

You understand that use of the internet and this website is at your own risk. Neither E-Pharm Connect LLC, the E-Pharm Connect nor their respective vendors, affiliates or suppliers is responsible for any virus or damage to your computer, computer software, or any loss of data that may result from use of the website or access to any content or services.

This Website may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. E-Pharm Connect cannot predict or control when such downtime may occur and cannot control the duration of such downtime. As a result, E-Pharm Connect cannot and does not have any liability for such failures.

Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by E-Pharm Connect on this Website, but E-Pharm Connect is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice.

E-Pharm Connect only delivers a platform for buyers and sellers to negotiate and perform business dealings. E-Pharm Connect is not involved in any actual transactions. We conduct our due diligence while any vendors registering with us and provide our best efforts. However, E-Pharm Connect does not guarantee the quality, legality and safety of the products marketed thru our website and while buying or selling of the products. E-Pharm Connect does not guarantee legality, honesty, individualities, or correctness of buyers and sellers or their abilities to conduct the business dealings.

No advice or information from E-Pharm Connect LLC or the E-Pharm Connect in any manner will create any warranty as to this Website or any product, service or material available through this Website. If forany reason you are not satisfied with this Website or its content, your sole remedy is to cease using this Website or such content, even if such remedy should fail of its essential purpose.

By enrolling in E-Pharm Connect, you give E-Pharm Connect a non-exclusive, sub-licensable, royalty-free permission to use any information you posted on E-Pharm Connect website. We may use the information and materials to market ours and your products and services.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Registration and Submissions

Should you send E-Pharm Connect any Website postings, feedback or data, such as ideas, comments, and suggestions or questions regarding any E-Pharm Connectproduct or service (including this Website), such information will not be given confidential treatment. The information is provided by E-Pharm Connect LLC and while E-Pharm Connect LLC endeavors to keep the information up to date and correct, E-Pharm connect LLC makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Neither E-Pharm ConnectLLC nor E-Pharm Connect will have any obligation of any kind to you with respect to any postings, feedback or data that you submit. Your submission of such postings, feedback and data affects an assignment to E-Pharm Connectof such material (along with any underlying or related ideas, concepts, techniques and know-how) and you agree to assign and hereby assign all such postings, feedback and data to E-Pharm Connectwithout charge. As the sole and exclusive owner of such postings, feedback and data, E-Pharm Connectwill be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any E-Pharm Connectproduct or service or this Website without compensation to you of any kind.

By Enrolling, you show and authorize that you have the lawful right and power to enter in the agreements and bind your business unit that becomes registered for E-Pharm connect Services. You also authorize that all the information provided by you is correct and not deceptive. You also authorize E-Pharm Connect and its representative to perform any screening for your business and its representatives that E-Pharm Connect thinks necessary at its sole choice. Any screening is performed from our side, upon request we can provide the copy of the report. The Background screening may include, business licensures, credit reports, social security number verification, employment history, address verification, brief or detail civil and criminal records from various agencies.

License to Access and Banned Items

You may view, copy, print and use content contained on this Website solely for your buying and selling of Pharmaceutical Products use, provided that: (1) it is used for informational and commercial purposes only; (2) no text, graphics or other content available from this Website is modified or framed in any way; and (3) no graphics available from this Website are used, copied or distributed separate from accompanying text. Nothing in this Agreement is intended to, or may be construed as, conferring by implication, estoppel or otherwise any license or other grant of right to use any patent, copyright, trademark, service mark or other intellectual property of E-Pharm Connector any third party, except as expressly provided in this section.

You may not use, copy, modify, distribute, translate, reproduce, republish, disassemble, reverse engineer, decompile, mirror, frame, hyperlink or transmit any of the content or materials of this Website or rent or sell use of or access to (such as on a time share or service bureau basis) this Website, or any of the content or materials on this Website. You may not permit third parties to access this Website or use any Website content and may not make any other use of the Website or any Website content except as set forth in this Agreement, unless otherwise expressly agreed to in writing by E-Pharm Connect. You may not harvest or collect information about others, including e-mail addresses.

You agree to use the Website for lawful purposes only. You may not post or transmit through the Website any material (i) that violates or infringes in any way upon the rights of others, (ii) that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (iii) that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) that, without E-Pharm Connectexpress prior approval, contains advertising or any solicitation. Any conduct by you that, in our discretion, restricts or inhibits any other person from using or enjoying the Website will not be permitted.

You understand and agree that E-Pharm Connectmay terminate or otherwise deny your access to the Website and without notice in the event E-Pharm Connectbelieves in its sole discretion that (i) you have violated a provision of this Agreement or your Registration Agreement, (ii) you have used or misused the Website in a manner that E-Pharm Connecthas determined is unlawful, unethical or otherwise inappropriate, or (iii) such action is reasonably necessary to protect a third party or E-Pharm Connector if such action is otherwise required by law.

You acknowledge and agree (1) that your use of this Website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this Website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred.

The buyers and sellers will not involve in any dealings other than lawful dealings. Furthermore, you also approve you will not violate any guidelines and direction issued by E-Pharm Connect you agree to this Terms and Conditions. You agree that any written policies and written guidance are considered to be incorporated into this Terms of Service, whether they are used before or after you agree to this Terms and Conditions. The Purchasers should not violate any federal or state laws and regulations when buying Pharmaceutical Products through E-Pharm Connect. By using E-Pharm Connect services, the buyers and sellers signify that themselves and their Pharmaceutical Products fulfil with all valid federal and state laws and regulations for Pharmaceutical Products. Suppliers must havelawful licenses from individual states, performessential due diligence to certify the Pharmaceutical Products sold to Purchasersobey with federal and state laws and guidelines. Purchasersmusts posses’ valid licenses to purchase and distribute the Pharmaceutical Products it acquires from sellers through E-Pharm Connect Services. Purchasers shall not buyPharmaceutical Products from sellers through E-Pharm Connect Services with the intent of selling, diverting, or causing others to use the Pharmaceutical Products for any illegal purposes violating federal and state laws and regulations or for any purposes that a person knows to have the likely of harming E-Pharm connect, its business operations, future business, workers or its status. The purchasers and sellers shall not involve in, make offer to divert any dealings to domain other than E-Pharm Connect or to use another payment process other than as indicated. This kind of behavior may consequence in instantend of E-Pharm Connect Services and will subject any accountable party to civil liabilities. Suppliersmust not sell any Pharmaceutical Products that infringe any intellectual property, including copyrights, trademarks and patents. Purchasers shall not buy any Pharmaceutical Products willingly that they infringe any intellectual property, includingcopyrights, patents, and trademarks. The buyers and sellers shall not involve in any behavior that origins or has the likely to cause harm to E-Pharm Connect, including but not limited to, its ongoing business, future business, workers or its status.

Third Party Websites

You agree to be solely responsible for your use of the website and to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the website. This Website may contain links to, or be accessed through links on, websites managed and operated by or on behalf of third party or other third-party entities. These third parties are separate and independent entities and are not agents of E-Pharm Connect. E-Pharm Connectdoes not have control over such third-party websites or the content of such websites. As a result, E-Pharm Connectdoes not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party website to which this Website may link or from which this Website may be accessed.E-Pharm Connect, LLC urges you not to provide any confidential information about yourself and/or your company to any website(s). If you do so, it is at your own risk.

Linking

If you operate another website and are interested in linking to our Website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL for the home page for this Website and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with E-Pharm Connector its affiliates name, trademarks or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by E-Pharm Connector its affiliates; and (6) the link, when activated by a user, must display this Website full-screen and not with a "frame" on the linked website. E-Pharm Connectreserves the right to revoke consent to the link at any time in its sole discretion, either by amending this Agreement or through other notice to you.

Supplier Responsibilities

For credit card dealings, Suppliers shall sign up for a Third-Party payment mainframe of E-Pharm Connect’s selecting, you approve is merged by reference into this Terms and Conditions. Suppliers can make payments according to the terms indicated in the Fee List, that you approve is incorporated by reference into this Terms and Conditions.

Suppliers shall be responsible for accumulating and paying any applicable taxes to government authorities. Suppliers shall be undertaking any tax problemshappening from each transaction.

Purchaser Responsibilities

Purchaser approves to pay Supplier the deal worth amount, and any relevant tax, that Purchaser and Supplier approve to during the sale of the Pharmaceutical Products.

Purchaser hereby approves that Purchaser authorizes E-Pharm Connect to charge Purchaser using Purchaser’s credit cards, debit card, or ACH transaction information that Purchaser provided E-Pharm Connect.

Right to Dismiss Services

E-Pharm Connect reserves the full rights to deny services to any vendors. E-Pharm connect reserves the rights to dismiss or cancel any E-Pharm connect services or dealings that is required and E-Pharm Connect will provide the customers the reason for dismissal or cancellation. Even after cancellation,Any amount owed to E-Pharm Connect must be paid.

No Endorsements

Reference to any suppliers, buyers, pharmaceutical products, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by E-Pharm Connect. Any views expressed by third parties on this Website are solely the views of such third party and E-Pharm Connectassumes no responsibility for the accuracy or veracity of any statement made by such third party.

Limitation of liability

In no event will E-Pharm Connect LLC, the e-pharm connector any of their respective vendors, affiliates, officers, members, representatives, suppliers, directors, employees, consultants, owners, or agents be liable for damages of any kind, including without limitation any damages for loss of use, data, information, profits, business, revenue, expected savings or business interruption, or any direct, special, indirect, incidental, exemplary, punitive or consequential damages arising from or otherwise related to this website or your use of this website, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if e-pharm connecthas been advised of the possibility of such damages or such damages were otherwise foreseeable. Your sole and exclusive remedy in the event of such damage is to discontinue your access to and use of this website. Notwithstanding the foregoing, in any event, the aggregate liability of E-Pharm Connect LLC , the e-pharm connect and their affiliates and vendors for any reason shall not exceed$100.00 us, even if such remedy should fail of its essential purpose.

Indemnification

You agree to defend, indemnify and hold harmless E-Pharm Connect LLC, the e-pharm connectand their respective vendors, affiliates and their officers, directors, representatives, employees, consultants, and agents from and against any claims, allegations, damages, losses, liabilities or expenses (including, but not limited to attorneys' fees) that such party may suffer or incur as a result of (i) your use or misuse of the website, (ii) your infringement of any intellectual property or other right of e-pharm connect, or any other person or entity, (iii) your violation of any applicable law, including without limitation any privacy or data security law or regulation, or (iv) your violation of this agreement. Notwithstanding the foregoing, e-pharm connectreserves the right to participate in the defense of any such claim, subject to your indemnification obligation.

Disputes and Interpretation

This Agreement is governed by and interpreted under the federal laws of the United States, without regard to conflicts of laws principles.

In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises. In any disagreement between E-Pharm Connect and a supplier or purchaser shall be resolved through binding arbitration (American arbitration Association) rather than litigation in court. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition. After enrolling in E-Pharm Connect you agree to conduct all the dispute resolutions proceedings on individual basis, and not through a class action.

This Agreement, along with our Privacy Policy and where applicable Customer Registration Agreement or Use Agreement, are the sole terms governing your use and access of this Website and supersedes all other agreements regarding use of the Website. Any waiver of any portion of this Agreement will be effective only if in writing and signed by E-Pharm Connect.

Any dependence you place on such information is therefore firmly at your own risk, and you accept full charge for the use of this information. The information contained herein is not to be used for self-diagnosis or self-treatment of any injury, illness, disease, ailment, or condition of any kind, known, unknown, or suspected. In no event will E-Pharm Connect, LLC be liable for any injury, loss or damage including, without limitation, indirect, direct, incidental, special, consequential or punitive damages, whether in an action in contract or tort (including negligence and strict liability), resulting from E-Pharm Connect’s website, performance, or failure to perform under these Terms and Conditions, including but not limited to loss of data, failure to access or use the website, and loss of anticipated profits or benefits, even if E-Pharm Connect, LLC has been advised of the possibility of such consequences .

This E-Pharm Connect website is designed to create a platform to buy or sell Pharmaceutical Products. Contact your vendor from whom you decided or performed business dealing immediately with any buy or sell related questions. Always check with them. You should never disregard other options or information because of information in this website.

Again, your use of the website reflects your agreement to above Terms and Conditions. Please be aware and contact E-Pharm Connect if you have any questions.

Contact Us

If you have any questions about this Agreement, please contact us at:

E-Pharm Connect, LLC.

P.O. Box 600693 Jacksonville, FL 32260 Phone: 833-374-2763 (Toll Free)