Terms of Use – PrescribeNow

PrescribeNow Corp.

PrescribeNow Terms of Use

Last Updated: April 25, 2022

These Terms of Use (these “Terms”) apply to visitors of all sites operated by PrescribeNow Corp., including www.prescribenow.com (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy carefully because they govern your use of our Site and the features, content or applications offered in connection with the Site. By using the Site, you agree to comply with and to be bound by these Terms, and the terms set forth in our Privacy Policy. If you disagree with these Terms and/or the Privacy Policy, or do not agree to be bound by them, you are not authorized to access or use the Site. If you are accessing and using the Site, or its features, content or applications, on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Grant of Right to Use

We grant to you the right to use the Site and the features, content or applications offered in connection with the Site, subject to these Terms.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Site is subject to our Privacy Policy.

Content Ownership

For purposes of these Terms: “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 or as a part of the Site, as well as their selection and arrangement and “look and feel.” You acknowledge that the Content is protected by patent, copyright, trademark, and/or other intellectual property laws of the United States and foreign countries. Any use of the Content not authorized by these Terms may violate those laws. Except as expressly provided in these Terms, we do not grant you any express or implied rights to use the Content, and you agree not to copy, distribute, republish, frame, download, modify, display, reverse engineer, create derivative works based upon, or otherwise exploit any of the Content.

Third Party Content

The Site may also make available third-party websites, resources, materials, information and services, such as pictures, text, graphics, audio, video, information and software applications. That content may be governed by separate license agreements that accompany the content. We do not endorse, verify or investigate third-party content, and we do not guarantee or assume any responsibility or liability with respect to third party content. The Site may also contain links to third-party websites or resources, which may be subject to their own terms of use. 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 those websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Feedback

If you provide us with any feedback or suggestions regarding the Site (“Feedback”), you agree that the Feedback is not confidential or proprietary, and hereby assign to us all rights in the Feedback and agree that we will have the right to use and fully exploit the Feedback and related information in any manner we deem appropriate.

Cookies

“Cookies” are small text files that are placed on your device by a web server when you access a site. We use Cookies to improve the functionality of our websites. Cookies help websites remember visitors when they return to the site. For example, a Cookie can help a website remember that you’ve already registered, so you don’t have to sign in again each time you visit. We may use cookies to (i) allow us to personalize information for certain segments of our customer base, (ii) allow us to associate individual customers with their information profiles, (iii) keep track of and administer your status, preferences, business information and other information provided by you, (iv) for security purposes, and (v) to understand visitor usage of our websites on an anonymous basis. You may remove any cookies as described above or “opt out” of receiving advertisements or other cookies by using services such as those provided by the Digital Advertising Alliance or Network Advertising Initiative. You may find more information about their members and the “opt out” process by going to their websites at http://www.aboutads.info/choices orhttp://www.networkadvertising.org/. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Sites.

Content you Provide to Us

Certain feature or functions available on the Site may provide you with the ability to submit content to us, such as a “Contact Us” option, “Request a Demo,” or “Live Web Chat” pages and features. You represent that you have the right to provide us with all of the information, data and other materials you provide on the Site or to us through any other means (“User Content”) and that the User Content is valid and accurate. We are not responsible or liable for any User Content. You are solely responsible for the accuracy of all User Content.

You may not submit any User Content that:

Is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
May contain software viruses or malware;
Contains advertisements or solicitations of any kind;
Is designed to impersonate others;
Contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide that information; or
Contains messages that offer unauthorized downloads of any copyrighted, confidential or private information.

You may not use a false email address or other false identifying information, impersonate any person or entity, or otherwise provide misleading information as to the origin of any content.

With respect to any User Content you submit through the Site (other than Personal Information, which is handled in accordance with our Privacy Policy), you grant to us a perpetual, irrevocable, 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 our Site and the features, content and applications offered in connection with the Site. You represent and warrant to use that your user Content does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the above license rights to us.

Password Protected Features

Access to and use of password-protected features, functions or areas of the Site is restricted to authorized users who have been issued log-in credentials by us or by an authorized third party. If you are an authorized user of any password-protected area of the Site, you are responsible for protecting your login credentials, including any password or username. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, you agree to notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise. Your use of any password protected features, functions or areas of the Site may otherwise be governed by specific Terms of Service to be agreed to by you upon your initial subscription or registration, along with any other contracts you enter into with us or one of our resellers.

Prohibited Use

Your right to access and use the Site and the features, content or applications offered in connection with the Site, are for your personal use for informational purposes only. We strictly prohibit any other use of any Content available through the Site, including but not limited to:

You are solely responsible for obtaining access to the Site, and that access may involve third-party fees (such as internet service provider, cellular data, or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to the Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by us.

a) Any downloading, copying or other use of the Content or the Site for purposes of competing with us or for the benefit of another vendor or any third party;
b) Any caching, unauthorized linking to the Site or the framing of any Content available on the Site;
c) Any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
d) Any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
e) Using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site.
f) Any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, or damage or interfere with the proper working of our infrastructure;
g) Any action intended to disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of the Site or our services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Site or our services;

We reserve the right to refuse or cancel any person’s registration to access this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. We do not represent or warrant that your use of the Content available on this Site will not infringe rights of third parties not affiliated with us. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity.

No Medical or Legal Advice.

Certain informational features of the Site may contain medical or regulatory related information. The Content that you obtain or receive from our Site is for informational purposes only. We do not provide legal, regulatory, or medical advice and no attorney/client or physician/patient relationship is created by your use of the Site. We do not ensure the completeness, timeliness or accuracy of any Site Content, except as may be otherwise indicated by the applicable Terms of Service for password-protected areas of the Site.

DISCLAIMERS AND WAIVER

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, AS REQUIRED BY APPLICABLE LAW, OR AS EXPRESSLY PROVIDED IN ANY SEPARATE TERMS OF SERVICE OR CONTRACT APPLICABLE TO YOUR USE OF PASSWORD-PROTECTED FEATURES, FUNCTIONS OR AREAS OF THE SITE, WE MAKE NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFER NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER RELATED TO YOUR USE OF THE SITE.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. WE DISCLAIM ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE NON-PASSWORD SECURED PORTIONS OF THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE NON-PASSWORD SECURED SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.

Indemnity

You agree to hold harmless and indemnify us, and our officers, directors, employees, agents, successors and assigns (“Indemnified Parties”) from and against any and all fines, penalties, liabilities, losses and other damages, costs and expenses of any kind (including reasonable attorneys’ and experts’ fees), incurred by the Indemnified Parties, in connection with suits or claims arising out of or relating to (a) your breach of these Terms, (b) your intentional misconduct, fraud, or gross negligence, (c) your violation of any applicable U.S. of foreign law or the rights of a third party, or (d) your User Content or your access to or use of the Site or Content. You agree not to settle any claim without our prior written approval.

Disputes

If any of the provisions of these Terms are deemed invalid, void, or for any reason unenforceable, you and we agree that as nearly as possible the court should give effect to our intentions as reflected in the provision, and the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions of these Terms. Section headings are for reference purposes only and do not limit the scope or extent of such section.

These Terms and the relationship between you and us will be governed by the laws of the State of California without regard to its conflict of law provisions. Any dispute arising out of these Terms or your use of the Site shall be submitted to binding arbitration in the State of California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or any associated third party, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in those courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

If the above arbitration provision is deemed unenforceable by a court of competent jurisdiction, any dispute arising out of these Terms or your use of the Site shall be subject to the exclusive jurisdiction and venue of courts in the State of California.

We make no representation that information, software and/or documentation on the Site are available for viewing or downloading at locations outside the United States, nor that the Site is in compliance with any foreign laws. If you access the Site from outside the United States, you are exclusively responsible for compliance with all applicable local laws.

Modifications to These Terms

You acknowledge and agree that we may, in our sole discretion, modify, add or remove any portion of these Terms at any time and in any manner, by posting revised Terms on the Site. To access the most current version of these Terms, you should locate the “Terms of Use” page from the Site homepage. It is your responsibility to check periodically for any changes we make to these Terms. Your continued use of this Site after any changes to the Terms means you accept the modifications.

Entire Agreement

These Terms constitute the entire agreement and understanding between you and us with respect to your use and access of the Site and supersede all prior communications between you and us with respect to that subject matter. Notwithstanding the foregoing, if you or a third party through whom you access the Site have entered into a separate contract with us governing your use of our Site, including Terms of Service applicable to any subscription to use services accessible through the Site, to the extent that separate contract or Terms of Service conflict with these Terms, the Terms of Service or separate contractual shall control.

Contact. If you have any questions or comments about these Terms or this Site, please contact us by email at [email protected]. You also may write to us at:

PrescribeNow Corp.
Attn: Legal Department
2267 Lava Ridge Ct, Suite 200
Roseville, CA 95661