Introduction
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS. THE FOLLOWING TERMS AND CONDITIONS FOR THE FIRSTRXSAVINGS WEBSITE IS A LEGAL CONTRACT BETWEEN YOU AND FIRSTRXSAVINGS, LLC. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING, IN ANY WAY, THE FIRSTRXSAVINGS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO, OR WITH, THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE FIRSTRXSAVINGS WEBSITE. FIRSTRXSAVINGS, RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED IN THIS TERMS OF USE.
Children’s Privacy and Eligibility
We are committed to protecting the privacy of children. The FIRSTRXSAVINGS Website is not intended or designed for persons under the age of 13 or for any users previously suspended or removed from the FIRSTRXSAVINGS Website by FIRSTRXSAVINGS. The FIRSTRXSAVINGS Website does not collect personally identifiable information from any person FIRSTRXSAVINGS actually knows is a child under the age of 13. BY DOWNLOADING, VIEWING, INSTALLING OR OTHERWISE USING THE FIRSTRXSAVINGS WEBSITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE FIRSTRXSAVINGS WEBSITE. The content on the FIRSTRXSAVINGS Website is only available for personal, noncommercial use for end users only, any other use is strictly prohibited. FIRSTRXSAVINGS, LLC reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the FIRSTRXSAVINGS Website, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding any unauthorized use.
Modification of the Terms
FIRSTRXSAVINGS reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the FIRSTRXSAVINGS Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the FIRSTRXSAVINGS Website. FIRSTRXSAVINGS, LLC will always make a reasonable effort to notify you of a change of these Terms.
Content and Use of Content
FIRSTRXSAVINGS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ASPECT OF HEALTHCARE ADMINISTRERED WITH THE AID OF CONTENT, INCLUDING BUT NOT LIMITED TO DRUG INFORMATION, AVAILABLE ON THE FIRSTSAVINGS WEBSITE.
The FIRSTRXSAVINGS Website may contain health- or medical-related materials, information and Content (as defined hereafter) that are sexually explicit. If you find these materials offensive, you may not want to use THE FIRSTRXSAVINGS Website. The contents of the FIRSTRXSAVINGS Website, including, but not limited to, (1) text, graphics, images, and information obtained from FIRSTRXSAVINGS’ licensors; and (2) all other material contained on the FIRSTRXSAVINGS Website (taken together, the “Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment; only your doctor can provide you with advice on what is safe and effective for you. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FIRSTRXSAVINGS Website! The FIRSTRXSAVINGS Website does not recommend or endorse any specific tests, physicians, products, procedures, prescription or over-the-counter medications, opinions, or other information that may be mentioned or discussed on the FIRSTRXSAVINGS Website. Reliance upon any information provided on the FIRSTRXSAVINGS Website or provided by (1) others appearing on the Site at the invitation of FIRSTRXSAVINGS, or (2) other visitors to the FIRSTRXSAVINGS Website is solely at your own risk.
The FIRSTRXSAVINGS Website may provide links to third-party web sites. The FIRSTRXSAVINGS Website also may select certain sites as priority responses to search terms you enter and FIRSTRXSAVINGS, LLC may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. FIRSTRXSAVINGS does not recommend and does not endorse the content, material or information on any third-party websites. FIRSTRXSAVINGS is not responsible for the content of linked third-party sites, sites framed within the FIRSTRXSAVINGS Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. FIRSTRXSAVINGS Website does not endorse any product, service, or treatment advertised on the FIRSTRXSAVINGS Website.
Termination.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Intellectual Property
FIRSTRXSAVINGS authorizes you to view or download the Content and material on the FIRSTRXSAVINGS Website solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2010, FIRSTRXSAVINGS, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FIRSTRXSAVINGS Website may be included elsewhere within the FIRSTRXSAVINGS Website and are incorporated into these Terms by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with FIRSTRXSAVINGS and/or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FIRSTRXSAVINGS. All rights not expressly granted herein are reserved to FIRSTRXSAVINGS and its licensors.
This platform and website is owned and operated by FIRSTRXSAVINGS, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including, but not limited to, source code or object code), products, services, and all other elements of the platform provided by FIRSTRXSAVINGS, LLC (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content or Materials provided and owned by users or third-parties, all Materials contained on the website are the property of FIRSTRXSAVINGS, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FIRSTRXSAVINGS, LLC or its affiliates and/or third-party licensors. Except as expressly authorized by FIRSTRXSAVINGS, LLC, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Content and Materials. FIRSTRXSAVINGS, LLC reserves all rights not expressly granted in these Terms.
Disclaimers and Liability
The use of the FIRSTRXSAVINGS WEBSite and the Content is at your own risk.
When using the FIRSTRXSAVINGS Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of FIRSTRXSAVINGS and its suppliers, licensors or other third-parties. Accordingly, FIRSTRXSAVINGS assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FIRSTRXSAVINGS Site.
YOU EXPRESSLY AGREE THAT THE USE OF THE FIRSTRXSAVINGS WEBSITE IS AT YOUR SOLE RISK. THE FIRSTRXSAVINGS WEBSITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), MATERIAL, MATERIAL REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FIRSTRXSAVINGS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS. FIRSTRXSAVINGS, ITS LICENSORS, ITS SUPPLIERS, AND OTHER THIRD-PARTIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, WHETHER ORAL OR WRITTEN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS DISCLAIMERS AND LIABILITY SECTION, THE TERM FIRSTRXSAVINGS INCLUDES FIRSTRXSAVINGS, LLC, FIRSTRXSAVINGS, LLC’s OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, THIRD-PARTY PARTNERS, SUPPLIERS AND SUBCONTRACTORS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FIRSTRXSAVINGS, LLC OR ITS OFFICERS, DIRECTORS, OWNERS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER), PERSONAL INJURY/WRONGFUL DEATH ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITE MATERIALS AND/OR CONTENT (INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE FIRSTRXSAVINGS WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FIRSTRXSAVINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR EVEN IF FIRSTRXSAVINGS OR A FIRSTRXSAVINGS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable and you agree to waive any legal or equitable rights or remedies you may have against FIRSTRXSAVINGS with respect thereto.
These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference or third-party websites or otherwise by third-parties other than FIRSTRXSAVINGS and received through or advertised on the FIRSTRXSAVINGS Website or received through any reference or third-party websites.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these Terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. In the event the aforementioned limitations do not apply to you, the FIRSTRXSAVINGS Website shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. FIRSTRXSAVINGS and any third parties mentioned on the FIRSTRXSAVINGS Website are not liable for any personal injury, including death, caused by your use or misuse of the FIRSTRXSAVINGS Website, Content or Public Areas (as defined hereafter). Any claims arising in connection with your use of the Website, any Content, Materials, Media, other information or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
You acknowledge and agree that FIRSTRXSAVINGS, LLC and the FIRSTRXSAVINGS Website have offered their products and services and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and FIRSTRXSAVINGS and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and FIRSTRXSAVINGS. FIRSTRXSAVINGS would not be able to provide the FIRSTRXSAVINGS Website to you on an economically reasonable basis without these limitations.
User Submissions; Third-Party Submissions; Third-Party Products and Services; and Links
You understand that when using the FIRSTRXSAVINGS Website you will be exposed to Content, Materials, Media and other information from a variety of sources including other users and various third-parties. Without limiting the foregoing, FIRSTRXSAVINGS makes no representations or warranties about the following:
- The accuracy, reliability, completeness, usefulness, currentness, timeliness or intellectual property rights of the Content, Material, Media, software, text, graphics, links, or communications provided on or through the use of the FIRSTRXSAVINGS Website.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content, Materials, Media or other information contained on the FIRSTRXSAVINGS Website.
You further understand and acknowledge that you may be exposed to Content, Materials, Media or other information that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FIRSTRXSAVINGS, LLC with respect thereto. FIRSTRXSAVINGS, LLC does not endorse any user or third-party supplied Content, Materials or Media or any opinion, recommendation, or advice expressed therein, and FIRSTRXSAVINGS, LLC expressly disclaims any and all liability in connection with user or third-party supplied Content, Materials or Media. If notified that user or third-party supplied Content, Materials or Media allegedly does not conform to these Terms, FIRSTRXSAVINGS, LLC may investigate the allegation and determine in its sole discretion whether to remove the user or third-party supplied Content, Materials or Media, which it reserves the right to do at any time and without notice. For clarity, FIRSTRXSAVINGS, LLC does not permit copyright infringing activities on the FIRSTRXSAVINGS Website. FIRSTRXSAVINGS, LLC reserves the right to review all users or third-party supplied Content, Materials and Media prior to submission to the site and to remove any user or third-party supplied Content, Materials or Media for any reason, at any time, without prior notice, in its sole discretion. By submitting Content, Materials, Media or communications of any kind to the FIRSTRXSAVINGS Website, including any business information, idea, concept or invention, you agree that such submission is non-confidential for all purposes.
If you submit any business information, an idea, a concept, an invention or any Content, Materials or Media to the FIRSTRXSAVINGS Website or to FIRSTRXSAVINGS, LLC by email, you automatically grant or warrant that the owner has expressly granted-FIRSTRXSAVINGS, LLC a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display it in any media or medium, or any form, format, or forum now known or hereafter developed. FIRSTRXSAVINGS, LLC may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts, inventions, Content, Materials or Media private or proprietary, do not submit them to the FIRSTRXSAVINGS Website or to FIRSTRXSAVINGS, LLC by email. We try to answer every email in a timely manner, but are not always able to do so.
You agree to only post or upload Content, Materials and photos, videos or audio (“Media”) that you have taken yourself or that you have all rights to transmit and licenseand which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner. To protect your privacy, you agree that you will not submit any Content, Materials or Media that contain personally identifiable information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading Media, including images or videos, of other people without their permission is strictly prohibited. By uploading any Content, Materials or Media onto the FIRSTRXSAVINGS Website, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission. It is strictly prohibited to upload Content, Materials or Media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms. You are solely responsible for your Content, Materials and Media and the consequences of posting or publishing them. By uploading and publishing your Content, Materials and Media, you affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize FIRSTRXSAVINGS, LLC and the FIRSTRXSAVINGS Website’s users to use your Content, Materials and/or Media as necessary to exercise the licenses granted by you in this section and in the manner contemplated by FIRSTRXSAVINGS, LLC and these Terms;
(2) Your Content, Materials and/or Media do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
(3) The Content, Materials and/or Media you post, upload or download to the FIRSTRXSAVINGS Website do not contain any viruses, adware, spyware, worms, other malicious code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.
Violators of these third-party rights may be subject to criminal and civil liability. FIRSTRXSAVINGS, LLC reserves all rights and remedies against any users who violate these Terms.
By uploading, distributing, disseminating or posting Content, Materials and/or Media on the FIRSTRXSAVINGS Website, (a) you grant to FIRSTRXSAVINGS, LLC a perpetual, non-exclusive, transferrable, assignable, worldwide, fully paid-up, royalty-free license to use, copy, print, display, reproduce, perform, reproduce, compress, modify, publish, post, transmit or convert for distribution, and otherwise exploit your Content, Materials or Media in any media formats and through any media channels, solely in order to publish and promote such Content, Materials and/or Media in connection with services offered on the FIRSTRXSAVINGS Website (such license will apply to any form, media, or technology now known or hereafter developed); and (b) you certify that any person pictured in the submitted Content, Materials and/or Media (or, if a minor, his/her parent/legal guardian) authorizes FIRSTRXSAVINGS, LLC to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the Media, Materials or Content; and (c) you agree to indemnify FIRSTRXSAVINGS, LLC and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the Content, Materials and/or Media and/or your failure to comply with these Terms.
If you use a message board, blog, posting area or any other public area (the “Public Areas”) in or on the FIRSTRXSAVINGS Website, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance upon any communications found in the Public Areas. FIRSTRXSAVINGS and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms:
- Using a Public Area for any purpose in violation of local, state, national, or international laws (whether or not you knew it is/was a violation of such laws);
- Posting Materials, Media and/or Content that infringes upon the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting Materials, Media and/or Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by FIRSTRXSAVINGS, LLC in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments and without their consent;
- Allowing any other person or entity to use your identification for posting or viewing comments;
- Posting the same note more than once or "spamming"; and
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the FIRSTRXSAVINGS Website, or which, in the judgment of FIRSTRXSAVINGS exposes FIRSTRXSAVINGS or any of its customers or suppliers to any liability or detriment of any type.
FIRSTRXSAVINGS, LLC reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue or postings in Public Areas;
- Investigate an allegation that a communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;
- Terminate a user's access to any or all Public Areas and/or the FIRSTRXSAVINGS Website upon any breach of these Terms;
- Monitor, edit, or disclose any communication in the Public Areas; and
- Edit or delete any communication(s) posted on the FIRSTRXSAVINGS Website, regardless of whether such communication(s) violate these standards.
Indemnity
You agree to save, defend, indemnify, and hold FIRSTRXSAVINGS, LLC, its officers, directors, employees, agents, partners, affiliated companies, subsidiaries, contractors, licensors, and suppliers, harmless from and against any claims, losses, damages, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees and other expenses resulting from, or alleged to result from: (1) your violation of these Terms; and (2) your use or misuse of the FIRSTRXSAVINGS Website; and (3) any Content, Materials, information and/or Media that you post, upload, download or otherwise submit to the FIRSTRXSAVINGS Website. FIRSTRXSAVINGS, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FIRSTRXSAVINGS, LLC, and you agree to cooperate with FIRSTRXSAVINGS, LLC’s defense of these claims. FIRSTRXSAVINGS, LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with FIRSTRXSAVINGS, LLC, or in any way relating to your use of the FIRSTRXSAVINGS Website, resides in the courts of the State of New Jersey and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New Jersey in connection with any such dispute including any claim involving FIRSTRXSAVINGS, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. These Terms are governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles.
Complete Agreement
These Terms constitute the entire agreement between you and FIRSTRXSAVINGS, LLC with respect to the use of the FIRSTRXSAVINGS Website, including, all Content, Media and Materials and any other related subject matter.
Severability.
If any provision of these Terms is found or held to be invalid, unlawful, void, or for any reason unenforceable by any court having competent jurisdiction, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall remain in full force and effect.
Assignment.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred, in any way, by FIRSTRXSAVINGS, LLC without restriction. Any assignment attempted by you in violation of these Terms shall be null and void.
Survival.
The following Terms and provisions, shall survive the termination or expiration, of this Agreement for any reason whatsoever: Intellectual Property, Disclaimers and Liability, user Submissions and Third-Party Submissions, Indemnification, Jurisdiction, Complete Agreement, Assignment and Survival.
Headings.
