Terms of Use

RxParadigm, Inc. (“we,” “us” or “our”) provide you (“you” or “your”) access to and use of this website (“Website”), subject to your agreement and compliance with these Terms of Use.  If you access or use this Website, you are agreeing to these Terms of Use and any modifications made by us. We reserve the right to change these Terms of Use at any time in our sole discretion. If you do not agree to be bound by the Terms of Use while using this Website or you do not have authority to agree to or accept these Terms of Use, you may not use this Website. As a condition of your continued use of this Website, you agree not to not violate any laws or regulations.

You are deemed to have accepted these Terms of Use each time you access this Website.

Updates

From time to time, we, in our sole discretion, may modify these Terms of Use, including additional provisions that reflect new Website functionality, significant modifications to or deletion of existing provisions, and more significant changes to Website functionality that cause provisions to be modified, added, or removed.

Authorized User Obligations

You are required to comply with these Terms of Use and all applicable laws in connection with your use of this Website. You agree that you have appropriate procedures and safeguards with respect to your access and use of this Website and any Website Content (as defined below) obtained through this Website.  As a condition of use of this Website, you agree that you will not use this Website or Website Content for any purpose that is unlawful or prohibited by these Terms of Use.

Authorized User Restrictions

You agree that you will not and will not attempt to:

(a)           Access or use this Website or Website Content or any component thereof in any manner or for any purpose not expressly authorized by these Terms of Use;

(b)           Distribute, sublicense, lease, rent, loan, or otherwise use or make any component of this Website or Website Content available for use by third parties, including as part of a service bureau, outsourcing, or external consulting arrangement;

(c)           Allow any other person or entity to use your login credentials to access, view, or use any component of this Website or for copying, extracting, downloading, viewing, transmitting, or receiving data of any kind;

(d)           Access any component available through this Website via remote access through interfaces or automated means not approved in writing by us;

(e)           Collect, compile, or otherwise attempt to “screen scrape,” “data mine” or “harvest” any component of this Website or Website Content, including through the creation of any duplicate or derivative data store;

(f)            Deactivate, bypass, or circumvent any access controls or security measures for this Website;

(g)           Gain unauthorized access to this Website or another site user’s network, systems, or data;

(h)           Engage in any activity or use any device, software, or routine, or introduce any virus, Trojan horse, spyware, adware, or other malicious code, that interferes with a user’s access to this Website or the proper operation of this Website;

(i)            Engage in any activity that disrupts or impairs the performance of this Website or Website Content;

(j)            Access or use this Website in violation of any applicable laws or regulations, the intellectual property or other rights of any third party, or any contractual or legal duty or obligation including in a manner prohibited by these Terms of Use;

(k)           Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying programming, models, databases, or database structures for this Website or Website Content; or

(l)            Remove or obscure any copyright, trademark, confidentiality, or other Website notices, Terms of Use, or disclosures. We reserve the right to suspend or terminate Website access to address non-compliance with these Terms of Use.

Website Content; Trademarks and Copyright

This Website may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), graphics, audio, features, data, designs, images, and other such similar content (collectively “Website Content”).  Unless otherwise expressly provided in the Website, all Website Content is our property or the property of our clients or our third-party licensors. The Website Content is protected by United States and international copyright, trademark, and other laws. You may use this Website and access Website Content solely for your business use. You shall keep intact all copyright and other proprietary notices. Except as permitted by these Terms of Use, you may not modify, copy, reproduce, republish, upload, transmit, hyperlink to or from, or distribute in any way Website Content from this Website, including code and software underlying this Website, nor may you sell, transfer, or otherwise use this Website or Website Content in commerce or for any public or commercial endeavor without our prior and express written consent. We, in our sole discretion, may make changes to Website Content at any time without notice.

Any use of Website Content not expressly permitted by these Terms of Use will be a breach of these Terms of Use and could violate copyright, trademark or other types of laws.  Any rights not expressly granted in these Terms of Use are reserved to us and our licensees.  We reserve the right to assign the Terms of Use at any time as part of a sale, merger, or transfer of us to any other company.

Disclaimer of Warranties

THIS WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL USE OF THIS WEBSITE AND WEBSITE CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, WEBSITE CONTENT, OR YOUR ACCESS TO OR USE THEREOF. WE HEREBY DISCLAIM ANY AND ALL IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, CUSTOM, AND USAGE OF TRADE. IN THOSE JURISDICTIONS WHICH DISALLOW EXCLUSION OF IMPLIED WARRANTIES, WE NEITHER WARRANT NOR REPRESENT THE ACCURACY OR RELIABILITY OF THIS WEBSITE OR THE NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THIS WEBSITE CONTENT WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE; THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THIS WEBSITE, THIS WEBSITE CONTENT, OR ANY PORTION THEREOF WILL NOT CHANGE OR BE DISCONTINUED; THAT THIS WEBSITE OR THIS WEBSITE CONTENT WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ACCESS TO OR USE OF THIS WEBSITE OR THIS WEBSITE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION. NO SUPPLIER TO US HAS ANY WARRANTY, SUPPORT, OR OTHER OBLIGATIONS TO YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE. YOU ASSUME THE ENTIRE OBLIGATION AND COST OF ANY AND ALL NECESSARY COMPUTER, MOBILE DEVICE, AND NETWORK SERVICE, REPAIR, AND CORRECTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO THIS WEBSITE, THIS WEBSITE CONTENT, YOUR ACCESS TO OR USE THEREOF, OUR PERFORMANCE, NON-PERFORMANCE, ACTS, OR OMISSIONS IN CONNECTION THEREWITH, THE PRIVACY POLICY, OR THESE TERMS OF USE, EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, AND REGARDLESS OF THE NATURE OF THE DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE). THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH EXCLUSIONS.

Governing Law

By using this Website, you are agreeing that the laws of the State of Delaware, without regard to conflict of law provisions, governs these Terms of Use, and that any claim or dispute regarding this Website or Website Content that you believe you have against us must be brought in the federal or state courts in Delaware.

Linking Policy

This Website may contain hyperlinks allowing you to connect to other websites owned by, or affiliated with, us and websites owned by third-party vendors, distributors, and providers (“Linked Websites”).  Please note that once you click on a hyperlink that transfers you from this Website to a Linked Website, you have left our Website, and these Terms of Use will immediately cease to apply to any subsequent activity on the Linked Website. We are under no obligation to notify you when you have left this Website and have accessed a Linked Website.

No Waiver

Any waiver by us must be expressed and in writing, must be directed specifically by us to you, and must be signed by our duly authorized representative. Any failure by us to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive our right to do so, including without limitation our right to enforce subsequently any provision of these Terms of Use, or to assert our rights with respect to the same or similar breaches.

Privacy Policy — Information Collection and Use

We collect several different types of information for various purposes to provide and improve our service to you.

Usage Data – We may collect information how this Website and Website Content is accessed and used. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

We use cookies and similar tracking technologies to track the activity on our Website and hold certain information.  Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze this Website and our services.  You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of this Website.

Examples of Cookies we use:

• Session Cookies. We use Session Cookies to operate this Website.
• Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
• Security Cookies. We use Security Cookies for security purposes.

Use of Data – We uses the collected data for various purposes:

• To provide and maintain this Website and Website Content;
• To notify you about changes to this Website;
• To allow you to participate in interactive features of this Website when you choose to do so;
• To provide customer care and support;
• To provide analysis or valuable information so that we can improve this Website;
• To monitor the usage of this Website; and
• To detect, prevent and address technical issues.

Security

We employ reasonable and appropriate physical and logical security measures to protect personal information from loss, theft, misuse, unauthorized access, and unintentional disclosure, alteration, or destruction. You are responsible for maintaining the security of your password or other form of authentication involved in accessing password-protected or secured resources. In order to protect you and your information, we may suspend your use of the Website without notice, pending an investigation, if any security breach is suspected.

Data Retention

We will retain your personal information only as long as needed to provide you with services or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Copyright Notice

Copyright January 1,  2021   RxParadigm, Inc.   All rights reserved. Any rights not expressly granted herein are reserved.

Effective January 1, 2021