Terms of Service
Last Updated: November 6, 2015
AGREEMENT TO TERMS
CHANGES TO TERMS OF SERVICES
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Content and Content Rights For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Product and Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content.
CONTENT OWNERSHIP, RESPONSIBILITY & REMOVAL
We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pharmacy Technologies, Inc. and its licensors exclusively own all right, title and interest in and to the Product and Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Product and Services or Content.
RIGHTS IN USER CONTENT GRANTED BY YOU
Subject to our obligations under the federal Health Insurance Portability and Accountability Act and other applicable laws, by making any User Content available through Services you hereby grant to us a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you.
Rights in Content Granted by Pharmacy Technologies, Inc. Subject to your compliance with these Terms, PPharmacy Technologies, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
You agree that you will not initiate, engage in, or encourage any Prohibited Conduct in connection with your use of our Product and Services. “Prohibited Conduct” includes doing things like: * interfering or disrupting, or attempting to interfere or disrupt, any computer or network used to provide or support the Product and Services; * restricting or inhibiting any other user from using and enjoying the Product and Services; * promoting, encouraging, advocating, or providing instructional information about illegal activities; * harassing, bullying or threatening other users; * impersonating another person or representing yourself as affiliated with us, our staff or other industry professionals; * soliciting passwords, account information or other personal information from other users; * except as approved by us in writing, conducting commercial activities and/or promotions or advertisements; * subleasing your account or offering “free space” on or other access to your account to others; * using the Services for fraudulent transactions or for any purpose that violates any applicable local, state, national, or foreign laws, regulations, or treaties; or * otherwise creating liability for us.
Enforcement by Us We have the right (but not the obligation) to review any or all portions of your Content and delete (or modify) any of your Content from our Services for any reason, including if we believe, in our sole judgment, your Content violates these Terms, or that we believe constitutes or promotes Prohibited Conduct or otherwise threatens the safety of, or harms any other person, or creates liability for us or any other person. We reserve the right (but have no obligation) to investigate and take appropriate action, including removing your Content from our Services (or modifying it), suspending or terminating your account and/or suspending or terminating the provision of our Services to you, and/or reporting you to law enforcement authorities, if you violate any provision of these Terms. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, service providers, partners, and other users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information or content we consider necessary or appropriate, including your account information (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.
Links to Third Party Websites or Resources The Product and Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
Termination We may terminate your access to and use of the Product and Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at email@example.com. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Sections titled “Feedback,” “Content Ownership,” “Responsibility and Removal,” “Warranty Disclaimers,” “Limitation of Liability,” “General Terms.”
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
PHARMACY TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, REGARDING A PHARMACY’S PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, OR ACCURACY IN FULFILLING YOUR PRESCRIPTION. PHARMACY TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY INCORRECTLY PROCESSED PRESCRIPTION BY THE PHARMACY OR ANY INACCURATE INFORMATION PROVIDED BY YOU. PHARMACY TECHNOLOGIES, INC. EXPRESSLY DISCLAIMS ANY LIABILITY FOR CANCELLED OR OTHERWISE UNFULFILLED ORDERS OR ANY INJURY OR DEATH RESULTING THEREFROM.
WHEN YOU RECEIVE YOUR PRESCRIPTION, IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE IT WAS PROPERLY FULFILLED AND THAT YOU CONSUME THE PROPER DOSAGE. ADDITIONALLY, IT IS YOUR SOLE RESPONSIBILITY TO STORE ALL PRESCRIPTIONS PROPERLY AND IN ACCORDANCE WITH THE GUIDELINES PROVIDED BY THE PRESCRIPTION MANUFACTURER. IF YOU HAVE ANY QUESTIONS REGARDING YOUR PRESCRIPTION, PLEASE CONSULT YOUR PHYSICIAN.
LIMITATION OF LIABILITY
NEITHER PHARMACY TECHNOLOGIES, INC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHARMACY TECHNOLOGIES, INC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CLIENT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO PHARMACY TECHNOLOGIES, INC. FOR USE OF THE PRODUCT AND SERVICES OR CONTENT OR TWO HUNDRED DOLLARS ($200), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PHARMACY TECHNOLOGIES, INC., AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PHARMACY TECHNOLOGIES, INC. AND YOU.
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to or application of conflicts of law rules or principles. By using our Services you consent to personal jurisdiction and venue in the state and federal courts for New York, New York for any lawsuit filed there against you by us arising from or relating to these Terms or our Services.
These Terms constitute the entire and exclusive understanding and agreement between Pharmacy Technologies, Inc. and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Pharmacy Technologies, Inc. and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Pharmacy Technologies, Inc.’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pharmacy Technologies, Inc.. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact firstname.lastname@example.org.