Attention: Please Read These Terms, Conditions And Legal Restrictions Carefully
Before Using This Web Site. By accessing, viewing, using, or downloading materials
from the Site, you agree to be legally bound by these Terms of Use (the "Agreement")
and all other terms, conditions and notices contained or referenced in the Site.
This Site is owned and operated by the Company.
Definitions
"Company" shall mean either eRx Network, or one
of its subsidiaries or affiliated companies including eRx Network, LLC, as appropriate,
and shall refer to the particular eRx Network legal entity hosting the Site.
"Site" means this web site or the web site of any one of eRx Network's
subsidiaries or affiliated companies, as appropriate.
"eRx Network" shall mean eRx Network and its subsidiaries
and affiliated companies but excluding the Company.
"Customer" shall mean an authorized customer of eRx Network, LLC using
a eRx Network software product or services and has agreed to the
terms of use for these products or services.
1. Binding Agreement
Use of this Site is available only to those users who are in compliance and agreement
with these terms and conditions of use as well as the other terms and conditions
referenced elsewhere on this Site. Please note that by accessing, viewing using,
or downloading materials from the Site, you agree to be legally bound by all of
the terms, conditions and notices contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, the
Company grants you a non-exclusive, non-transferable, personal, limited license
to download, access, view, use and display this Site and the text, graphics, content,
information, audio, video and other services (the "Materials"), which
the Company makes available to you from time to time on the terms and conditions
set forth in this Agreement. This authorization is not a transfer of title to the
Site or the Materials contained herein, and any downloading, modification, reproduction,
copying or redistribution for commercial purposes of any information or Materials
or design elements of the Site is strictly prohibited without the prior written
consent of the Company. Requests for permission to reproduce any information contained
on this Site should be addressed to the Company at the address provided under "contact
us" on this Site. Notwithstanding the above, the Company authorizes you to
make one (1) electronic or paper copy of the information posted on any page of the
Site, provided that the copy is used solely for non-commercial, personal purposes,
and further provided that any such copy remains protected by all copyright, trademarks,
Site marks, and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of it,
except with the express written consent of the Company. Any resale or commercial
use of this Site or its contents; any collection and use of any product or service
listings, descriptions, or prices; any derivative use of this Site or its contents;
any downloading or copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction rules
is prohibited.
You agree to all additional restrictions displayed on the Site as it may be updated
from time to time. You agree to use this Site for lawful purposes only, and shall
not post or transmit any information or material which in any way infringes or violates
the rights of others or which is unlawful, defamatory, threatening, invasive of
privacy or publicity, obscene, harassing or otherwise objectionable.
3. Ownership
You have no ownership rights in the Site or in the Materials. Rather, you have a
license to download, access, view, use and display this Site and the Materials as
long as this Agreement remains in full force and effect. Unless otherwise noted,
ownership of the Site and the Materials and all intellectual property rights therein
shall remain at all times with the Company or their respective owners.
4. Your Account
Registration on this Site is restricted to individuals 18 years of age and older.
If you are a registered user of this Site, you are responsible for maintaining the
confidentiality of your account and password. If you use this Site, you are responsible
for restricting access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password. The Company reserves
the right to refuse service, terminate accounts, or remove or edit content in its
sole discretion.
5. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS,
CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE
APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY
OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE,
INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT
OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE
BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE,
STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS.
THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY
DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE
SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS
FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.
THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY MAY MAKE ANY OTHER CHANGES TO
THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY)
DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THE DATA ACCESSIBLE WITHIN THE SECURED PORTION OF THE SITE IS TO BE VIEWED BY CONTRACTED
CUSTOMERS AND THEIR DESIGNATES ONLY. THE COMPANY DISCLAIMS ANY LIABILITY FOR INACCURACIES
OF DATA, MISUSE BY CUSTOMER INCLUDING YOUR DOWNLOADING OF ANY MATERIALS OR DATA
FROM THE SITE.
6. Links to Third-Party Sites
The Company may provide on this Site, solely as a convenience to its users, links
to web sites operated by other entities. If you use these sites, you will leave
this Site. If you decide to visit any linked site, you do so at your own risk and
it is your responsibility to take all protective measures to guard against viruses
or other destructive elements. The Company does not make any warranty or representation
regarding, or endorse or otherwise sponsor, any linked web sites or the information
appearing thereon or any of the products or services described thereon. Links do
not imply that the Company is affiliated or associated with the linked site, or
is legally authorized to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links; or that any linked site is affiliated
or associated with the Company or is authorized to use any trademark, trade name,
logo or copyright symbol of the Company.
7. Third-Party Content
Any information, statements, opinions, services or other information provided by
third parties and made available on this Site are those of the respective author(s)
and not the Company. Such information and the like may be updated from time to time
directly by the respective authors. The disclaimer set forth above applies regardless
of the updating party.
8. Unsolicited Information Provided by You
The Company does not want you to, and you should not, send any confidential or proprietary
information to the Company through this Site unless specifically requested by the
Company . Please note that any unsolicited information or material sent to the Company
will be deemed not to be confidential or proprietary. By submitting information
and material to this Site, you grant to the Company (or warrant that the owner of
such information and material has expressly granted to the Company) a royalty-free,
perpetual, irrevocable, unrestricted, right and license to use, reproduce, display,
perform, modify, adapt, publish, translate, transmit and distribute or otherwise
make available to others such information and material (in whole or in part and
for any purpose) worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed. You also agree that the Company
is free to use any ideas, concepts, know-how or techniques that you send to it for
any purpose.
The Company does not want to receive, and you are deemed to agree through the use
of this Site not to provide, any information or materials to the Company that are
defamatory, threatening, obscene, harassing, in violation of any law, governmental
requirements or otherwise unlawful, or that incorporate the proprietary information
or materials of another person or entity.
You shall not upload, post or otherwise make available on this Site any information
and material protected by copyright, trademark or other proprietary right without
the express written permission of the owner of such right(s). You shall be solely
liable for any damages resulting from any infringement of copyright, proprietary
rights, or any other harm resulting from such a submission.
9. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same.
To the extent that you have provided any work and if you believe that your work
has been copied and is accessible on this Site in a way that constitutes copyright
infringement, please provide the Copyright Agent (as identified below) with the
following information:
-
identification of the copyrighted work claimed to have been infringed;
-
identification of the allegedly infringing material on the Site that is requested
to be removed;
-
your name, address and daytime telephone number, and an email address if available,
so that the Company may contact you if necessary;
-
a statement that you have a good faith belief that use of the copyrighted work is
not authorized by the copyright owner, its agent or the law;
-
a statement that the information in the notification is accurate and, under penalty
of perjury, that the signatory is authorized to act on behalf of the owner of an
exclusive copyright right that is allegedly infringed; and
-
an electronic or physical signature of the copyright owner or someone authorized
on the owner's behalf to assert infringement of copyright and to submit the
statement.
The Copyright Agent for Notice of claims of copyright infringement on the Site can
be reached at the address set forth under "contact us" on this Site.
If the Company is notified of any claims of copyright infringement on the Site,
it may investigate the allegation and determine in good faith and at its sole discretion
whether to remove or request the removal of the work or material. The Company has
no liability or responsibility to users for performance or nonperformance of such
activities.
10. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH
ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH
ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST
THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING
THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD PARTIES
MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING,
WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION
OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS
OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY
MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE
CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO
OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS
OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
The obligations and responsibilities of the Company regarding its respective products
and services, if any, are governed solely by the terms and conditions of sale or
license under which such products and services are sold or licensed. Copies of such
terms and conditions are available from the Company.
11. Changes
All content contained herein is subject to change without notice, but the Company
has no responsibility to update any information on this Site. The Company reserves
the right to change or modify the terms and conditions applicable to the use of
this Site at any time. Such changes, modifications, additions, or deletions to the
terms and conditions of use shall be effective immediately upon notice thereof,
which may be given by any means including, but not limited to, posting new terms
and conditions on the Site. Any use of the Site after such change or modification
shall be deemed to constitute acceptance by you of such changes, modifications,
additions, or deletions. Because they will be binding on you, you should revisit
these terms from time to time.
The Company may terminate, change, suspend or discontinue any aspect of the Site,
including the availability of any features of the Site, at any time. The Company
may also impose limits on certain features and services or restrict your access
to parts of the Site without notice or liability.
12. Termination
This Agreement and the licenses granted herein will terminate automatically and
without notice if you fail to comply with any term or condition of this Agreement;
provided, however, that all provisions relating to disclaimers, limitation of liability,
copyright, trademarks and other proprietary rights of the Company shall survive
the termination of this Agreement.
13. International Users and Export Restrictions
This Site is administered by the Company from its offices within the United States
of America. The Company does not make any representation that all products, services
or programs, if any, are available in your country or that materials published at
this Site are appropriate or legally available for use at locations outside of the
United States. Access to such materials from territories where their contents are
illegal is prohibited. You may not use the Site or transfer, download or use any
information or materials in violation of U. S. laws and regulations, including those
relating to export controls. This Agreement is expressly made subject to any laws,
regulations, orders, or other restrictions on the export from the United States
of the Materials or information about the Materials that may be imposed from time
to time by the government of the United States. You shall not export the Materials
or information about the Materials without the consent of the Company and compliance
with such laws, regulations, orders or other restrictions. If you access the Site
from a location outside of the United States, you are responsible for compliance
with all local laws. By your use of this Site, you represent and warrant to the
Company that you are in compliance with all laws applicable to your use of this
Site.
14. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the Company arising
out of or related to this Agreement or your use of this Site (the "Disputes")
shall be construed, interpreted and governed by the laws of the State of Texas,
U.S.A., without giving effect to its conflict of laws provisions. The state and
federal courts located in the State of Texas shall have exclusive jurisdiction and
be the exclusive venue for the Disputes and you consent to the personal and exclusive
jurisdiction and venue of these courts in connection with the Disputes. You must
commence any claim or cause of action that you may have with respect to the Disputes
by filing only in these courts within one (1) year after the claim or cause of action
arises.
15. Entire Agreement
These terms and conditions shall constitute the entire agreement between the Company
and you and supersedes any previous oral, written or electronic communications or
documents with respect to the subject matter herein. If any part of this Agreement
is found invalid or unenforceable by a court of competent jurisdiction, that provision
shall be enforced to the maximum extent permissible so as to effect the intent of
the parties, and the remainder of this Agreement shall continue in full force and
effect.
16. Copyright
This Site, including all information and Materials contained in it, are copyrighted
and protected by worldwide copyright, trademark and other laws and treaty provisions.
You agree to comply with all copyright, trademark and other laws worldwide in your
use of this Site and to prevent any copying, reproduction, modification, distribution,
displaying, performing or transmission in violation thereof or of these terms and
conditions. Except as expressly provided in these terms and conditions, the Company
does not grant any express or implied license or third party right to you under
any patents, trademarks, copyrights or trade secret information of the Company or
of any third party.
17. Copyright Notice
All Web Site design, text, graphics and the selection and arrangement thereof, are
the property of the Company.
18. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks,
logos, product packaging and designs of the Company or third party products or web
sites ("Company Marks"), whether or not appearing in large print or with
the trademark symbol, belong exclusively to the Company or their respective owners
and are protected under national and international trademark and copyright laws.
Users are not permitted to use the Company Marks without the prior express written
consent of the owner of such mark.
19. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the rights
or licenses granted under this Agreement. Any attempted transfer in violation of
the foregoing is void.