Effective Date: December 31, 2022
We will treat all personal information that you choose to provide to us through the Website in accordance with our privacy notice located at mymedxer.com/medxer-privacy-policy/ (the “Privacy Notice”). By using the Website, you consent to the privacy practices set forth in the Privacy Notice.
Modifications to the Website
We may terminate, change, suspend or discontinue any aspect of the Website at any time without notice to you.
The Website contains forms, content, information, trademarks and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”).
You should assume that everything on the Website is Proprietary Materials, and, except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Website, you shall not reproduce, distribute, publicly display, publicly perform, prepare derivative works of or otherwise use or exploit Proprietary Materials in any way without our prior written consent. Commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors.
You agree that you will not yourself or through any third party: (i) use the Website in a manner that violates applicable laws or the rights of third parties, including intellectual property laws and third-party rights with respect thereto; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm us or other users of the Website; (iii) violate the security of the Website, including by using any device, software or routine that interferes with the proper functioning of the Website, accessing or attempting to access any systems or servers on which the Website is hosted, modifying or altering the Website in any way or forging headers, misrepresenting your identity or otherwise manipulating identifiers to deceive others; (iv) use automated data extraction tools or manual processes to extract Proprietary Materials from the Website; or (v) except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Website, remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Website or Proprietary Materials.
THE WEBSITE AND PROPRIETARY MATERIALS ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RXPERIUS HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF RXPERIUS AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RXPERIUS PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER RXPERIUS NOR ANY OF THE RXPERIUS PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES RXPERIUS OR ANY OF THE RXPERIUS PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE OR PROPRIETARY MATERIALS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RXPERIUS OR ANY OF THE RXPERIUS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING OR (II) DIRECT DAMAGES IN EXCESS OF ONE ($1) U.S. DOLLAR.
Dispute Resolution; Arbitration Agreement
WE AND YOU GIVE UP OUR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NEITHER WE NOR YOU SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. Neither we nor you agree to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.
If we and you are unable to resolve a Dispute by informal means, the arbitration of that Dispute will be administered by the American Arbitration Association (AAA) in Raleigh, North Carolina in accordance with the Commercial Arbitration Rules. Any proceeding to enforce this arbitration agreement must be brought in the United States District Court Eastern District of North Carolina or in any North Carolina state court of competent jurisdiction with venue lying in Wake County, North Carolina to the exclusion of all other forums.
All Disputes will be governed by and construed in accordance with the laws of North Carolina without reference to the choice of law provisions of any jurisdiction.
Attn: Legal Department
311 Brier Creek Pkwy, Suite 105-62
Raleigh, NC 27617