1. What is this ComplyRx User Agreement about and why should you read it?
This ComplyRx User Agreement (referred to below as the “Agreement”) describes:
- Your rights and obligations when accessing and using the ComplyRx services (referred to below as the “ComplyRx Services”)
- ComplyRx’s rights and obligations towards you concerning the ComplyRx Services, including limitations to ComplyRx’s liability
By using ComplyRx Services, you will be entering into a contractual relationship with ComplyRx, LLC, the owner and operator of the ComplyRx Services and ComplyRx.com (referred to in this Agreement as “we”, “our”, and “us”), on the terms and conditions contained in this Agreement.
This Agreement (and any modifications to it) will represent the entire agreement between you and ComplyRx, LLC with respect to the ComplyRx Services and is different than and completely separate from your Agreement with your telephone and Internet service providers and from any and all agreements that ComplyRx may have with its service providers to which you are not a party.
2. How will ComplyRx update this Agreement and where will you be able to look at it again?
ComplyRx may change, add to or delete any portion of this Agreement in its discretion at any time.
Your continued use of the ComplyRx Service will be considered acceptance of those changes. It is your sole responsibility to monitor ComplyRx.com to determine whether any changes to the ComplyRx Agreement have been made.
A copy of the most current version of this ComplyRx User Agreement will be available at ComplyRx.com for your convenience and ease of reference. We recommend that you print and retain a copy of this Agreement for your records.
By subscribing to ComplyRx Services, you verify that the information provided by you in the registration process is true, accurate, current and complete to the best of your knowledge. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to believe that the information is untrue, inaccurate, not current or incomplete, we may terminate or suspend your account or refuse any or all current or future use of the ComplyRx Services.
ComplyRx.com may reject any application for registration for any ComplyRx services in its discretion without explanation.
4. Access to and use of ComplyRx.com
You understand and agree that each message sent using the ComplyRx Services is the sole responsibility of the person from whom the message originated. This means that you, not us, are entirely responsible for the messages and the content of the messages you send using the ComplyRx Services. We do not control the content in messages sent by ComplyRx members, and accordingly, do not guarantee the accuracy, integrity, quality or timeliness of messages or their content.
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE IN ANY WAY FOR MESSAGES OR THEIR CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY MESSAGES OR CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF MESSAGES OR CONTENT SENT USING THE COMPLYRX SERVICES. WE ARE NOT RESPONSIBLE FOR ANY MISSED NOTIFICATIONS OR ANY REPERCUSSIONS OF MISSED NOTIFICATIONS DUE TO MESSAGE FAILURE FOR ANY REASON.
You agree that you must evaluate, and bear all risks associated with, the use of the ComplyRx Services, including without limitation, any reliance on the accuracy, completeness or usefulness of messages sent using ComplyRx Services.
We cannot and will not be responsible for delivery of messages by third party carriers and telecommunications providers.
You acknowledge and understand that the technical processing and transmission of message will involve transmissions over various networks and may involve changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please consult your carrier.
You are solely responsible for obtaining and maintaining all equipment and telecommunications devices necessary to connect to and use the Internet and the ComplyRx Services.
You agree to comply with all applicable local, provincial and federal laws and regulations that relate to your use of activities with respect to ComplyRx.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the ComplyRx Services or access to or use of the ComplyRx Services.
We are concerned about the safety and privacy of all of our members, especially minors. Parents who wish to permit their children who are under 18 should assist them in registration and supervise their use of the ComplyRx Services.
Any and all fees pertaining to the ComplyRx Services are in addition to any fees, including airtime or bandwidth you may be charged by your or their telephone and Internet service providers. We are not responsible for any such charges.
6. Security and Third Parties
You acknowledge and agree that the security and integrity of the ComplyRx Services cannot be guaranteed. You agree that our security procedures for the ComplyRx Services are reasonable and adequate for your use and that ComplyRx will not incur any liability of any kind whatsoever with respect to such security measures.
You are solely responsible for maintaining the confidentiality and security of the ComplyRx Services. You are solely and fully responsible for all actions and communications undertaken or transmitted while using the ComplyRx Services and you agree to comply with all applicable laws and regulations in connection with your use of the ComplyRx Services.
As a convenience to you, the ComplyRx Services may link to web sites operated by other entities. You acknowledge and agree that, because we have no control over those sites, we are not responsible for their availability, security, content, products or other materials on or available from such sites. Links do not imply that we endorse or are affiliated with any linked sites.
This section covers our treatment of personal information that you enter into the ComplyRx Services or that we collect when you are using the ComplyRx Services. This section does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage, including without limitation, your telephone service provider.
We strongly encourage you to change the Password immediately after downloading this app onto your mobile device to a Password known only by you. We suggest that you frequently change your Password to further protect your privacy and personal information.
You acknowledge and agree that you are solely responsible for ensuring that all information that you enter into the ComplyRx Services is collected, used and disclosed in compliance with applicable privacy laws. We will have no liability to you or to the recipient of any message from you to the extent such information is not collected, used and disclosed by any user in compliance with privacy laws.
We may communicate with you from time to time about the ComplyRx Services, updates and upgrades to the ComplyRx Services and other ComplyRx Services that are available, via mobile Push Notifications and at your e-mail address if provided to us by you as part of your registration for the ComplyRx Services.
When you visit ComplyRx.com, our web servers may collect the name of the domain you used to access the Internet and the web site you came from and visit next. This information is used by us to measure the number of visits, average time spent, page views, and other statistics about visitors to ComplyRx.com in general. We may set and access cookies on your computer as necessary for the effective operation of ComplyRx.com, the provision of the ComplyRx Services, and for marketing and advertising purposes.
8. Changes to the Functionality of ComplyRx.com and the ComplyRx Services
We may change, modify, add, remove, suspend, cancel or discontinue any aspect of the ComplyRx Services or ComplyRx.com, including the content of ComplyRx.com and/or the availability of any features of the ComplyRx Services and/or ComplyRx.com at any time in ComplyRx’s discretion.
We may also impose limits on certain features and services or restrict your access to all or part of the ComplyRx Service and/or ComplyRx.com without notice or liability at any time. ComplyRx may terminate your use of all or part of the ComplyRx Service or ComplyRx.com at any time in its sole discretion.
9. Indemnity and Liability
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, losses, damages, fines, penalties, costs (including legal costs) and other liabilities of any kind whatsoever, incurred by us directly or indirectly as a result of or in connection with: (1) your use of ComplyRx.com and the ComplyRx Services in any manner that is not fully compliant with this Agreement; and (2) any content, data or other information or materials that you send, distribute, transmit or otherwise make available to any person using ComplyRx.com and/or the ComplyRx Services.
YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE COMPLYRX SERVICE AND ACCESS TO COMPLYRX .COM ON AN “AS IS” AND AN “AS AVAILABLE” BASIS, THAT YOUR USE OF COMPLYRX.COM AND THE COMPLYRX SERVICES IS AT YOUR OWN RISK, AND THAT WE MAKE NO REPRESENTATIONS, WARRANTIES OR COVENANTS WHATSOEVER WITH RESPECT THERETO.
FOR GREATER CERTAINTY, WE DO NOT GUARANTEE THAT THE COMPLYRX SERVICES OR COMPLYRX.COM WILL BE AVAILABLE, RUN DEFICIENCY-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL ERRORS OR DEFICIENCIES RELATED THERETO OR THAT ALL MESSAGES SENT BY YOU WILL ARRIVE AT THEIR INTENDED DESTINATION. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE COMPLYRX SERVICE AND COMPLYRX.COM, INCLUDING REPRESENTATIONS, WARRANTIES AND COVENANTS WITH RESPECT TO MERCHANTABILITY, SATISFACTORY QUALITY, SCALABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
OUR CUMULATIVE LIABILITY, INCLUDING ANY LIABILITY OF OUR AFFILIATES, AND OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, ADVISORS AND OTHER REPRESENTATIVES AND THOSE OF OUR AFFILIATES (COLLECTIVELY, “REPRESENTATIVES”) TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE AND OTHER DAMAGES ARISING OUT OF OR RELATED TO CLAIMS IN CONNECTION WITH THIS AGREEMENT, THE COMPLYRX SERVICE AND COMPLYRX.COM WILL NOT EXCEED FIVE DOLLARS (USD $5).
THE FOREGOING LIMITS OF LIABILITY WILL OPERATE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT OR IN ANY STATUTE, REGULATION, GUIDELINE, POLICY, RULE OF LAW OR OTHER LEGAL INSTRUMENT AND APPLY REGARDLESS OF THE BASIS ON WHICH ANY PERSON IS ENTITLED TO CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (INCLUDING WITHOUT LIMITATION FUNDAMENTAL BREACH) OR TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION OR OTHER FAULT OF OURS, OUR AFFILIATES OR OUR OR OUR AFFILIATES RESPECTIVE REPRESENTATIVES), AND APPLY EVEN IF WE OR OUR AFFILIATES OR ANY OF OUR RESPECTIVE REPRESENATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITS OF LIABILITY SPECIFIED IN THIS AGREEMENT WERE AN ESSENTIAL ELEMENT IN SETTING CONSIDERATION UNDER THIS AGREEMENT.
TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that we may, in our sole discretion, terminate your account (or any part thereof) at any time if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that termination of your access to the ComplyRx Services under any provision of this Agreement may be effected without prior notice and you acknowledge and agree that we may immediately deactivate or delete your account, including all related information and pending messages and/or bar any further access to ComplyRx.com or the ComplyRx Services. You agree that we will not be liable to you or any third party for termination of your access to or use of ComplyRx.com or the ComplyRx Services. You further agree that we may change these general practices and limits at any time, in our sole discretion, without notice.
11. International Use and Choice of Law; Statute of Limitations
Use of the ComplyRx Service and access to and use of ComplyRx.com is prohibited from locations where the associated services or content is illegal. You recognize the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable content in any jurisdiction from which you are using ComplyRx.com and the ComplyRx Services and any jurisdiction to which you are sending messages. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside.
This Agreement will be governed by and construed in accordance with the laws of Georgia, United States of America (“Georgia”) and the laws of Georgia applicable therein, without giving effect to the conflicts of law provisions. For all disputes arising from or related to this Agreement, the ComplyRx Service or ComplyRx.com, you agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located in Georgia. You agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have with respect to your use of the ComplyRx Services and ComplyRx.com must be commenced within one (1) year after the claim or cause of action arose or forever be barred.
12. Copyright notice; Ownership
The ComplyRx.com Internet site is protected by copyright laws and treaty provisions. The ComplyRx name and logo are trademarks of ComplyRx, LLC. You agree to comply with all copyright laws in your use of ComplyRx.com and the ComplyRx Services. No part of the materials on ComplyRx.com, including the any and all site text and graphics, may be reproduced or transmitted without our prior written consent.
You acknowledge and agree that, as between you and us, ComplyRx.com and the ComplyRx Services are owned by us and that you do not acquire any intellectual property or other rights in them as a result of your use of ComplyRx.com or the ComplyRx Services. Any access and use rights granted to you by us with respect to ComplyRx.com and the ComplyRx Services are not to be construed as a sale, transfer, assignment or other conveyance by us of our intellectual property and other rights in ComplyRx.com or the ComplyRx Services.
You cannot assign all or part of this Agreement without first getting our written approval. We can assign all or part of this Agreement without your consent by telling you about the assignment in writing, including, if we choose, by posting notice of the assignment on ComplyRx.com. This Agreement will bind you, your successors and your permitted assigns and us, our successors and our permitted assigns.
This Agreement constitutes the entire agreement between you and ComplyRx relating to the ComplyRx Services and ComplyRx.com and may be amended or modified only as described herein.
If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement will continue in full force and effect.
You agree that our conduct, actions or failure to enforce all or part of this Agreement does not waive any of our rights hereunder or change your obligations hereunder, unless you and we agree to and sign an amendment in writing.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of this Agreement to info@ComplyRx.com.