TERMS OF USE

 

You and AUM Rx (“aumrx.com,” “we,” or “us”), the operator of aumrx.com (the “Site and/or Services”) agree to the following terms and conditions constituting this agreement (“Agreement”).  Please read these Terms of Use thoroughly, to ensure a proper understanding of your rights and responsibilities in connection with the Site and/or Services, as both a visitor and registered user.

 

 

1. AUM Rx

 

You are being provided a limited, revocable, non-transferrable, non-sublicensable and non-exclusive right to the limited access and use of the Site and/or Services.  We may terminate the foregoing License at any time, with or without cause. By accessing and using the Site and/or Services, you are indicating your acknowledgement and acceptance of these Terms of Use and all other policies, guidelines and standards referenced herein.  Please consult these Terms of Use regularly as they may change from time-to-time.  All of the options and opportunities offered on the Site are collectively referred to herein as the "Services". You must sign up and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy in order to actively participate in the Services.

 

 

 

2. Content For Informational Purposes Only

 

The Information that you obtain or receive from AUMRX.com, or its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site and/or Services is for informational purposes only. aumrx.com does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by aumrx.com, or its employees, contractors, partners, sponsors, advertisers, licensors or others is solely at your own risk.

 

 

NO INFORMATION PROVIDED ON THE SITE AND/OR THROUGH THE SERVICES AND IN ANY OTHER COMMUNICATIONS FROM OR PROVIDED THROUGH AUMRX.COM IS OR SHALL BE CONSTRUED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.  DO NOT USE THIS SITE IN THE EVENT OF AN EMERGENCY OR TO OBTAIN EMERGENCY SERVICES; IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.  DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROFESSIONAL BECAUSE OF INFORMATION CONTAINED ON THE SITE AND/OR SERVICES.  YOUR USE OF THE INFORMATION IS SOLELY AT YOUR OWN RISK.  NOTHING STATED OR POSTED ON THE SITE AND/OR SERVICES IS INTENDED TO BE THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

 

 

 

3. Availability of Information

 

Any information sent to Aumrx.com by Internet, e-mail, or through the Site is not secure and is done so on a non-confidential basis. Transmission of information from this Site does not create an attorney-client or physician-patient relationship between you and Aumrx.com, nor is it intended to do so. The transmission of the Site, in part or in whole, and/or any communication with us via Internet e-mail through this site does not constitute or create an attorney-client or physician-patient relationship between us and any recipients. Some links within the Site may lead to other web-sites, including those operated and maintained by third parties. Aumrx.com includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents.

 

 

 

The information provided on this site is for your convenience only.  We take no responsibility for and make no representation, guaranty or warranty, expressed or implied, about the material contained on this site.  This Site and its contents are provided on an "as-is", “as available”, “where is” basis and subject to all flaws, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, Aumrx.com does not wish to represent anyone desiring representation based upon viewing this Site in a state where this Site fails to comply with all laws and ethical rules of that state.

 

 

 

4. Website Accuracy

 

It is important to note, that, while Aumrx.com makes an effort to verify the accuracy of the Information, the timeliness and accuracy of any or all of the Information is not guaranteed.  None of the parties who have been involved in the preparation or publication of the Site and/or Services can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.

 

 

 

5. Procedures/Products/Services

 

The procedures, products, services and devices discussed and/or advertised within the Site and/or Services may not be suitable for or applicable to You.  We make no claims as to the effectiveness of any such procedures, products, services or devices.  Any products and/or services represented on the Site and/or Services by advertisers, sponsors, and other Site and/or Services participants, either paid or unpaid, are presented solely for your awareness.

 

 

 

4. User Accountability

 

You are responsible for all costs and expenses of all medical care rendered to you by Providers profiled on the Site and/or Services and any and all other providers who render services to you.  You are responsible for all use of the Site and/or Services and for all use of your personal identifying information (“Credentials”), including use by others to whom you have given your Credentials.  You may use the Site and/or Services for lawful, non-commercial purposes only.  You may not use contact information provided by our users or Providers, or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM.  You may not allow others to use your account to violate the terms of this section.  We may terminate your membership or access to the Site and/or Services immediately and take other legal action if you or anyone using your Credentials violates these provisions.  You may not use the Site and/or Services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site and/or Services.  You may not attempt to gain unauthorized access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not:

 

 

 

copy, modify, adapt, translate, or reverse engineer any portion of the Site and/or Services, its content or materials and/or the Services;

remove, copy distribute, republish, sell or exploit any copyright, trademark or other proprietary rights notices contained in or on the Site and/or Services or in or on any content or other material obtained via the Site and/or Services for any commercial gain or purpose whatsoever;

use any robot, spider, Site and/or Services search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or Services ;

access, retrieve or index any portion of the Site and/or Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or Providers;

reformat or frame any portion of the web pages that are part of the Site and/or Services ;

fraudulently misuse the Services by scheduling an appointment with a Provider which you have no intention of keeping;

create user accounts by automated means or under false or fraudulent pretenses;

collect or store personal data about other users in connection with the prohibited activities described in this paragraph; or

use any means, including software means, to conduct web scraping of any portion of the Site and/or Services, its content or materials.

 

 

7. Copyright Notice

 

All material included on the Site and/or Services, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Aumrx.com, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws.  Modification or use of the Content except as expressly provided in these Terms of Use violates Aumrx.com’s intellectual property rights.

 

 

 

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Aumrx.com, except that, you may download, print, distribute and use pages from the Site and/or Services for your own informational, non-commercial purposes, but not for commercial use or general distribution.

 

 

 

8. Notification of Change

 

We reserve the right to change these Terms of Use and Privacy Policy from time-to-time as we see fit and your continued use of the Site and/or Services will signify your acceptance of any adjustment to these terms.  If there are any changes to these Terms of Use or our Privacy Policy, we will announce that these changes have been made on our home page.  Any changes to the Terms of Use or our Privacy Policy will be posted on our website 30 days prior to these changes taking place.  You are therefore advised to re-read this statement on a regular basis.

 

 

 

9.  Disclaimer of Warranties

 

THIS SITE AND THE SERVICES ARE PROVIDED BY AUMRX.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUMRX.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND/OR SERVICES IS AT YOUR SOLE RISK. AUMRX.COM DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP-TO-DATE OR CORRECT, THAT THIS SITE AND/OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR FOR ANY PERIOD OF TIME, OR THAT THE SITE IS FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AUMRX.COM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT AUMRX.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE AND/OR SERVICES OR ITS CONTENT. AUMRX.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

 

 

 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER AUMRX.COM NOR ANY OF ITS PRINCIPALS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS OR REPRESENTATIVES HAS MADE ANY CLAIMS, REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND/OR SERVICES OR THE RESULTS, BENEFITS, BENEFITS, ASSURANCES, ADVANTAGES, UTILITY, SAFETY, EFFICACY, SUCCESS OR POPULARITY OF, OR RESULTS THAT MAY BE ATTAINED, BY USING OR ACCESSING THE SITE AND/OR SERVICES.

 

 

 

10. General Limitation of Liability

 

Neither Aumrx.com, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site and/or Services is liable for any direct, incidental, consequential, special, indirect or punitive damages arising out of your access to, or use of, the Site and/or Services or the operation of the Site and/or Services or failure of the Site to operate or for the Services to be available or produce any specific result.  In no event shall Aumrx.com be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Aumrx.com has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site and/or Services.  These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Aumrx.com would not grant access to the Site and/or Services without your agreement to this term. If you are a California resident, you waive your rights with respect to California civil code section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

 

 

11. Indemnification

 

You hereby agree to hold harmless, defend and indemnify us, our principals, owners, members, participants, Providers, employees, contractors, officers, directors, managers, agents, parents, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney's fees, that arise from or are related to (a) your access to the Site, (b) your use of the Services, (c) the violation of these Terms of Use, or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials, or (d) any other act or omission of any third party. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

 

 

12. Termination

 

Upon any violation by You or someone using your Credentials of the terms and conditions of this Agreement or other related policies, we may terminate and/or suspend your registration immediately, with or without notice.  We may also cancel or suspend your registration for any other reason, including inactivity for an extended period. Aumrx.com shall not be liable to you or any third party for any termination of your access to the Site and/or Services.  You agree not to attempt to use the Site and/or Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register). Sections 2, 3, 4, 8, 9, 11, 12, 14 through 16 shall survive any termination or expiration of this Agreement.

 

 

 

13. Entire Agreement

 

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site and/or Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements with respect to the subject matter hereof. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Aumrx.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

 

 

 

Your accessing of the Site and/or Services indicates your understanding, agreement and consent to, and acceptance, of the Terms of Use contained herein, including the Privacy Policy.

 

14. Choice of Law and Dispute Resolution

 

In the event of a dispute under this Agreement, said dispute shall be submitted to an arbitrator and conducted in Orange County, California, except to the extent that injunctive relief is sought. The appointment of the arbitrator and the arbitration process shall be governed by the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association then in effect.  Except as otherwise stated herein, the arbitrator may award attorneys’ fees and costs to the prevailing party.  The parties shall share the costs of the arbitrator equally between them.  Each party shall bear its own expenses of preparation for and participation in arbitration.  The statute of limitations applicable to any claim shall be determined as if such claim were being asserted in the State of California, and such statute of limitations shall apply to preclude arbitration of any claim hereunder not brought within the applicable limitation period.  Notwithstanding anything herein to the contrary, the Parties reserve the right to proceed at any time in any court having jurisdiction or by self-help to exercise or prosecute the following remedies, as applicable:  (i) a preliminary injunction or temporary restraining order to preserve the status quo or to enforce a party’s rights under any provision set forth in this Agreement and (ii) when applicable, a judgment by confession of judgment.  Preservation of these remedies does not limit the power of the arbitrator to grant similar remedies that may be requested by a party in a dispute.  The agreement to arbitrate set forth in this Section may only be enforced by the parties to this Agreement and their permitted successors and assigns, shall survive the termination, expiration or breach of this Agreement, and shall be construed pursuant to and governed by the provisions of the Federal Arbitration Act, 9 U.S.C. §1, et seq.

 

15. Assignment

 

This Agreement may not be assigned by You without the written consent of Aumrx.com.  Aumrx.com shall have a right to assign this Agreement in connection with a transfer of all or substantially all of Aumrx.com’ business, whether by sale, merger or otherwise.  You specifically agree that Aumrx.com shall have the right to perform its obligations hereunder through any affiliate without Your consent.

 

 

 

16. Eligibility

 

You must be 18 years of age or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Site and/or Services and the Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use the Site and/or Services or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site and/or Services or Services, in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site and/or Services. Membership in the Services is void where prohibited by applicable law, and the right to access the Site and/or Services is revoked in such jurisdictions. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site and/or Services is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

 

 

 

Last Updated on September 23, 2016