Introduction
These Terms govern your use and access to the Rx365 online services provided by Liberty Software, Inc. ("Liberty", "Us", or "We"), including the Rx365 websites, Rx365 mobile applications, and other Rx365 services, ("Services"). These Terms are a binding agreement between you and us, and by accessing any Services in any way, you agree to be bound by all of them, including, but not limited to resolving disputes on an individual basis rather than class action, disclaiming warranties, damages and remedy exclusions and limitations and choice of Texas law and venue. Our Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories. If you are not the intended audience or you object to these Terms, you may not use our Services.
Modification to these Terms
From time to time We may update the Services and these Terms, and such changes shall be applied prospectively. Your use of the Services after we post any changes to these Terms constitutes your agreement to those changes. We may, in our sole discretion, and at any time, discontinue the Services or any part thereof, with or without notice, or may prevent your use of the Services with or without notice to you. You agree that you do not have any rights in the Services and that we will have no liability to you if the Services are discontinued or your ability to access the Services (including any content you may have posted) is terminated.
Service Content
We own or license all content contained within the Services, including without limitation, text, images, icons, data, software, and trademarks (collectively "Liberty Content"), and you may access and use it solely for your own personal, non-commercial use. Liberty Content may be protected by domestic and international copyright, patent, trademark, and other rights, and all rights, titles, and interests are reserved by the respective owners. Copying, publishing, broadcasting, modifying, distributing or transmitting any Liberty Content in any way without our prior written consent is strictly prohibited. No title, rights, or interests in any Liberty Content are transferred to you.
Liberty Content is made available solely for general information purposes. We do not warrant Liberty Content to be accurate, complete, or current. Any reliance placed on Liberty Content is strictly at your own risk. Liberty Content may also include content provided by third parties, including users, bloggers, and other third-party authors. We do not verify or otherwise endorse such user or third-party content and disclaim all liability with respect to such content. Any health-related information is not intended to constitute medical advice or diagnose, treat, cure, or prevent any medical condition. If you have questions about your health or treatment, please contact your pharmacist or other medical professional.
If you submit or otherwise provide to us any communications, or content, including, without limitation, any personal or commercial information, idea, concept or invention, you hereby irrevocably grant to us an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute, and otherwise exploit such content in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding content, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory.
Account Security
If you create an account or provide personal information, you agree to submit accurate, complete information, and to update it as appropriate. You are solely responsible for the activities and security of your account, and you must notify us immediately if you suspect any unauthorized use. We are not liable for any loss you incur as a result of someone else using your password or account, either with or without your knowledge, and We are not responsible for any delay in shutting down your account after you have reported a breach of security to us. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Services using your username or password. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason.
Prohibited Uses
You agree that you will not: (i) use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, intrusive on another's privacy, or harmful to the interests of us or our users; (ii) upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right (including our trademarks and trade dress) without first obtaining the permission of the owner of such rights; (iii) collect or store personal data about other users; (iv) reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose; (v) upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (vi) undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, or use or exploit the Services in any way other than as expressly permitted by these Terms; (vii) deploy or utilize any automated method of accessing or collecting content from our site, such as robots, crawlers, and scraping mechanisms; or (viii) post, transmit or otherwise make available through or in connection with the Service any virus or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment. To protect the interests of us and our users, we may monitor, modify, terminate, and disclose to third parties (including law enforcement) your use of the Services (including User Content) at any time.
Mobile Applications
If you download one of our mobile applications, these Terms constitute an end-user license agreement, and you agree to act in accordance with the end-user license agreements and policies made applicable by your wireless carrier and operating system software provider (including as listed within their respective app stores). You agree you are solely responsible for any costs incurred by accessing one of our mobile applications. You may be required to send and receive, at your cost, electronic communications related to the Services offered via our mobile applications, including without limitation, administrative messages, service announcements, diagnostic data reports, and updates. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of these Services. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access these Services, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through these Services. We may, at our discretion, automatically download updates to our mobile applications to your device from time to time. You agree to accept these updates, and to pay for any costs associated with receiving them. Our mobile applications may not work with all devices or all mobile carriers.
Disclaimer of Warranty
Your access and use of the Service, including and Liberty Content contained on, or otherwise made available by, is solely at your own risk.
WE DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, FUNCTIONALITY, SECURITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SERVICES, INFORMATION, CONTENT, FUNCTIONALITY AND OTHER RESOURCES ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEITHER LIBERTY NOR ANYONE ASSOCIATED WITH LIBERTY REPRESENTS OR WARRANTS THAT THE SERVICE OR ITS THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOU AGREE THAT OUR AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR USE OF AND ACCESS TO THE SERVICES, REGARDLESS OF THE FORM OF ACTION OR CLAIM (FOR EXAMPLE, CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, PROFESSIONAL MALPRACTICE, FRAUD, INFRINGEMENT OR OTHER BASES FOR CLAIMS) IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. IF YOU ARE DISSATISFIED WITH THESE TERMS OR OUR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIBERTY OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS OR PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION OR PERFORMANCE OF THE SERVICE, DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, OR BY THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITES, RECORDS, PROGRAMS, SERVICES, OR CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LIBERTY, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES, FEES, FINES, AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATING TO YOUR USE OF THE SERVICES OR VIOLATIONS OF THESE TERMS.
Additional Terms
These Terms constitute the entire agreement between you and us with respect to the Service and Texas law will govern all disputes arising out of, in connection to, or relating to these Terms, Service, or any related services, regardless of conflict of laws rules. These disputes will be resolved exclusively in the federal or state courts of Tarrant County, Texas, USA, and you and Liberty consent to personal jurisdiction in those courts. You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
Our failure to insist upon strict performance of any provision of these Terms shall not be construed as an implicit waiver of any provision or right.
If any part of this these Terms is ruled to be unlawful, void, or for any reason unenforceable, then such part shall be deemed severable from these Terms, and shall be eliminated or limited to the minimum extent necessary. The remainder of these Terms, including any revised portion, shall remain and be in full force and effect.