1. AUM Rx
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.
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
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
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.
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
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.
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.
Last Updated on September 23, 2016