SMART FORMULARY SEARCH - LEGAL NOTICE

GENERAL

The State of Texas� Smart Formulary Search web site is offered to you, the User ("User"), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions. The web site is provided as a public convenience. User agrees to use this web site as permitted by applicable local, state, and federal laws. User agrees not to use this web site to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this web site by other Users will be deemed an unauthorized use. Anyone using this web site expressly consents to administrative monitoring at all times. The User is further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you do not wish to consent to monitoring, exit this system now.
The contents of this web site are maintained on behalf of the State of Texas by ACS Heritage, Inc. (ACS).

DISCLAIMER OF LIABILITY AND RELIABILITY

The State of Texas makes no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. The information and data made available at this web site are provided "as is" without warranties of any kind. The State of Texas makes no representations or warranties regarding the condition or functionality of this web site, its suitability for use, or that this web service will be uninterrupted or error-free.

DISCLAIMER OF DAMAGES

By using this web site, the User assumes all risks associated with the use of this site, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the web site or User's access to it. The State of Texas shall not in any event be liable for any direct, indirect, punitive, special, incidental, or consequential damages, including, without limitation, lost revenues, or lost profits, arising out of or in any way connected with the use or misuse of the information or lack of information on this web site or with the delay or inability to use this web site, or from any information, documents, services, software, or other material obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if the State of Texas and/or any of its employees, agents or contractors has been advised of the possibility of damages. The State of Texas shall not be liable for any loss or injury caused in whole, or in part, by its actions, omissions, or contingencies beyond its control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any User's decision, or action taken or not taken in reliance upon information furnished.

INDEMNITY

As a condition of use of this web site, the User agrees to indemnify the State of Texas, its elected officials, officers, employees, contractors and agents against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.

SEVERABILITY

If any part of this disclaimer is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the disclaimer shall continue in effect. This disclaimer constitutes the entire notice to the User with respect to this web site and it supersedes all prior or contemporaneous communications and notices, whether electronic, oral or written, between the User and the State of Texas with respect to this web site. This notice shall be deemed to include all other notices, policies, disclaimers and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this notice, the terms of this notice shall control. A printed version of this notice and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this notice to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.

PRIVACY POLICY

Your computer communicates with the State of Texas� web site using a particular Internet Protocol Address (IP). Like most sites, the State of Texas can track the User's IP when visiting the site. The IP allows the State of Texas to track for each User the IP, the browser type, the part of the world from which the User is connecting and the identity of the User's Internet service provider. The state does not track any personally identifiable information. This information helps us to improve site navigation and to make improvements to the site and content.

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