Last Updated: March 23, 2019
Last Updated: March 23, 2019
Please read these Terms of Service (the “Agreement”) carefully. Your use of the Website (as defined below) constitutes your consent to this Agreement. Agreement is between you and Clearifi Management, Inc. (“Company” or “we” or “us”) concerning your use of (including any access to) the ClearifiRx site currently located at https://clearifirx.com (together with any materials and services available therein, and successor site(s) thereto, the “Website”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Website, or otherwise made available to you by Company (“Additional Terms”).
Please note that the Website may identify, or make available products or services of, certain healthcare providers (“Provider Entities”). Any Provider Entities are third parties, and any such products or services (which may include healthcare services, drugs or medical devices) are considered Third Party Materials, as defined below. Company itself is not a healthcare providerand is not responsible for any such Third Party Materials.
BY USING THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. MINORS UNDER EIGHTEEN (18) YEARS OLD ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITE OR TO ENTER INTO THIS AGREEMENT, EVEN IF A PARENT OR LEGAL GUARDIAN WOULD BE WILLING TO PROVIDE CONSENT. A parent or legal guardian of an individual under the age of eighteen (18) may prohibit such individual’s use of the Website. If you are the parent or legal guardian of an individual under the age of eighteen (18) and believe that such individual has used the Website without your consent or authorization, please email@example.com.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
Contact or seek to contact any healthcare professional associated with Company outside of the Website. This is in order to protect both patients and healthcare professionals and to ensure that diagnosis and treatment is delivered in a reliable, continuous and controlled environment.
Post, transmit or otherwise make available through or in connection with the Website any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
Post, transmit or otherwise make available through or in connection with the Website any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
Allow, enable, or otherwise support the transmission of unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, letters relating to a pyramid scheme, or any other unsolicited commercial or non-commercial communication.
Use the Website for any commercial purpose or for any purpose that is fraudulent or otherwise unlawful.
Create a false identity for the purpose of misleading others, impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity.
Harvest or collect information about users of the Website.
Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Website.
Infringe the patent, trademark, trade secret, copyright or other intellectual property or other rights of another person or entity.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Website except as expressly authorized herein or otherwise use the Website for the benefit of a third party or to operate a service bureau, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Website.
Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Company’s express prior written consent.
Systematically download and store Website content.
Attempt to disable, bypass, modify, defeat or otherwise circumvent any security related tools incorporated into or used in connection with the Website.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website, without Company’s express prior written consent.
“Frame” or “mirror” any ClearifiRx content which forms part of the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
In connection with the Website, you shall notify Company immediately if you become aware of any inaccuracies, errors, omissions or inconsistencies in the information or content provided through the Website and to comply with any corrective action taken by Company.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Website.
COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES;
WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH;
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE WEBSITE; AND
THE MAXIMUM AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE WEBSITE AND (2) ONE HUNDRED U.S. DOLLARS ($100). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE PRODUCTS, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND/OR PRODUCTS. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law in states may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations of liability may not apply to you, and you may have certain additional rights.
Website © 2020 Clearifi Management, Inc. unless otherwise noted. All rights reserved.