Terms of Use

Last modified on August 30^th, 2023

Acceptance of these Terms

By using Pharmacy Ideas Computing Applications sites and services (together, “PICA”), as a registered user, you accept and agree to be bound by these Terms. Please read these Terms carefully before you start to use PICA, as well as the PICA Privacy Policy. If you do not agree to these Terms or the PICA Privacy Policy you must not access or use PICA.

Changes to the Terms

PICA is offered by Pharmacy Ideas Computing, LLC (“PIC”, “we” or “us”). We may revise and update these Terms from time to time at our sole discretion. Any changes are effective when we post them. Your continued use of PICA following the posting of revised Terms means that you accept and agree to the changes.

Where PICA has provided you with a translation other than the English language version of the Terms of Use, then you agree that the translation is provided for your convenience only and that the English language version of the Terms of Use will govern your relationship with PICA. If there is any contradiction between what the English language version of the Terms of Use says and what a translation says, then the English language version shall take precedence.

Information About You and Your Access of PICA

All information we collect on or through PICA is subject to our Privacy Policy. By using PICA, you consent to all actions taken by us in compliance with the Privacy Policy.

Permitted and Unpermitted Use

You may use PICA in accordance with these Terms for your organizational use. You agree you are not permitted and will not use PICA as follows:

• in any way that violates any federal, state, local, or international law or regulation;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to impersonate or attempt to impersonate any company or person, including PIC or another PICA user;
• to engage in any other conduct which, as determined by us, may harm PIC or users of PICA or expose them to liability;
• in any manner that could disable, overburden, damage, or impair PICA or interfere with any other person’s use of PICA;
• use any robot, spider, or other automatic device, process, or means to access PICA for any purpose, including monitoring or copying any of the material on PICA;
• to introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
• to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of PICA or any server, computer, or database connected to PICA;
• to attack PICA via a denial-of-service attack or a distributed denial-of-service attack; and
• otherwise attempt to interfere with the proper working of PICA.

You also agree that you will not send, knowingly receive, upload, download, use, or re-use any material which:

• contains any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promotes sexually explicit or pornographic material, violence, or discrimination on any basis, including that based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under laws or regulations;
• promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
• involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; and/or
• gives the impression that the material emanates from or is endorsed by PIC or any other person or entity, if this is not the case.
• Contains any material which is considered protected health information.

User Contributions

PICA contains interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through PICA. However, we do not undertake to review User Contributions or any other material before it is posted on or through PICA, and cannot ensure prompt removal of objectionable material after it has been posted. So, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

All User Contributions must comply with these Terms. By providing any User Contribution on or through PICA, you grant us and our service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, license, distribute, and otherwise disclose to third parties any such material in order to offer PICA. You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant this license and that all of your User Contributions do and will comply with these Terms. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of PICA.

Account Security

For clients using the Microsoft Identity Membership without SSO, PICA allows system administrators to create an account (“Members”) which requires providing certain information to PIC. If you choose or are provided with a user email, password, or similar information as part of our security procedures, you agree to treat such information as confidential, and agree to notify us immediately of any unauthorized access to or use of your user email or password or any other breach of security. We have the right to disable any user email, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

Monitoring and Enforcement; Legal Compliance; Termination

You agree that we have the right to:

• • take any action with respect to any user, Member account, or User Contribution that we deem necessary or appropriate in our sole discretion if we believe there to be a violation of these Terms, infringement of third party rights, a threat to the personal safety of others, or a threat, liability, or harm to the goodwill associated with PICA or PIC;
• • take appropriate action, including without limitation, referral to law enforcement and disclosure of your information, for any illegal or unauthorized use of PICA; and/or
• • terminate or suspend your access to all or part of PICA, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through PICA. YOU WAIVE AND HOLD HARMLESS PIC AND ITS LICENSEES AND SERVICE PROVIDERS AND ALL OF THEIR EMPLOYEES, OFFICERS, AND DIRECTORS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LEGAL INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PIC OR LAW ENFORCEMENT AUTHORITIES.

Your Reliance on Information

The information presented on or through PICA is made available solely for general information purposes.

Intellectual Property Rights

PICA and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of the same), are owned by PIC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Logos and Designs

The PICA names and logos, PIC name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks and/or copyright of PIC. You must not use these marks and copyright without the prior written permission of PIC. All other names, logos, product and service names, designs, and slogans on PICA are the trademarks of their respective owners.

Copyright Infringement

If you believe that any User Contributions or other content provided on PICA violates your copyright or other rights, please contact our designated agent by: (a) mail at Legal Department, Pharmacy Ideas Computing, LLC, 1848 Lanarkshire Drive, Greenwood, Indiana 46143; (b) phone at 317-363-6279; or (c) electronic mail at support@pharmacyideas.com. Please be aware that it is the policy of PIC to terminate the user accounts of repeat infringers.

Third Party Links and Services

PICA may include content or links to other sites or resources provided by third parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to PICA, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PIC, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PIC. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

Geographic Restrictions

PIC is based in the state of Indiana in the United States. We make no claims that PICA or any of its content is accessible or appropriate outside of the United States. Access to PICA may not be legal by certain persons or in certain countries. If you access PICA from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Limitation on Liability

IN NO EVENT WILL PIC, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, PICA, ANY WEBSITES LINKED TO IT, ANY CONTENT OFFERED ON OR THROUGH PICA, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH PICA, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless PIC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of PICA including, but not limited to, your User Contributions, any use of PICA content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from PICA.

Governing Law and Jurisdiction

All matters, disputes, or claims relating to PICA and these Terms (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or PICA shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana in each case located in the City of Greenwood, Johnson County. By agreeing to these Terms and using PICA, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

PIC may only waive its rights under these Terms in writing. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Pharmacy Ideas Computing, LLC with respect to PICA and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to PICA.

Your Comments and Concerns

PICA is operated by Pharmacy Ideas Computing, LLC, an Indiana limited liability company. All feedback, comments, requests for technical support and other communications relating to PICA should be directed to: Pharmacy Ideas Computing, LLC, 1848 Lanarkshire Drive, Greenwood, Indiana 46143 or support@pharmacyideas.com.