Terms of Use

These Terms of Use apply to the Cardinal Health Online Recalls Notification and Acknowledgement System ("System") located at recalls.cardinalhealth.com/pharmarecalls, and all associated sites linked to it by Cardinal Health or by Cardinal Health's subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Cardinal Health 110, Inc. ("Cardinal Health") and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Cardinal Health reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Cardinal Health grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Purpose and Content
The purpose of this Site and System is to provide email notifications and online tracking of manufacturer, supplier and Cardinal Health recalls, market withdrawals and other communications regarding products you have ordered through Cardinal Health or its affiliates. Cardinal Health uses reasonable efforts to ensure that these notices are timely and accurate, but cannot ensure the timeliness and accuracy of non-Cardinal Health communications. You acknowledge that the manufacturer and supplier notices provided to you are actually being provided on behalf of the manufacturer(s) and supplier(s) and that Cardinal Health does not provide any representations or warranties relative to the content of those notices as provided by the manufacturer(s) and supplier(s). You may print or download any such notices provided through the Site or System and acknowledge that you will no longer receive paper recall notices for any account numbers for which you have activated this System.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Cardinal Health, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Cardinal Health's express prior written consent.

Your Use of the Site 
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Cardinal Health reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Cardinal Health server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Cardinal Health, including any Cardinal Health account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Cardinal Health's systems or networks, or any systems or networks connected to the Site or to Cardinal Health.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Cardinal Health on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cardinal Health or others.

Accounts, Passwords and Security 
You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cardinal Health immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Cardinal Health or any other user of or visitor to the Site due to someone else using your Cardinal Health ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's Cardinal Health ID, password or account at any time. Cardinal Health cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy 
Cardinal Health's Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Cardinal Health's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers
CARDINAL HEALTH DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CARDINAL HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARDINAL HEALTH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY CARDINAL HEALTH SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CARDINAL HEALTH FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Cardinal Health reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability
Except where prohibited by law, in no event will Cardinal Health be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cardinal Health has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Cardinal Health is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Cardinal Health's liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Applicable Laws
This Site is administered by Cardinal Health from its offices in Dublin, Ohio and this Site and these Terms (including without limitation the validity, construction and performance of duties related to the Terms) will be governed by and construed in accordance with the laws of the United States of America and more particularly the laws of the State of Ohio without giving effect to any principles of conflicts of laws. Cardinal Health makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.