Terms of Service
Learn all about the Terms and Conditions that apply to your EngageRx account.
Last Revised: June 5, 2014
CONDITIONS OF USE OF THIS WEBSITE General
This website (the “Website”) is owned, operated by Excellerate LTD., Inc., a Canadian Limited Partnership (“Excellerate”). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE “CONDITIONS OF USE”) AND THE TERMS AND CONDITIONS OF THE EXCELLERATE PRIVACY POLICY (THE “POLICY”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. These Conditions of Use apply to all users, including both users who are simply viewing the Website and users who are purchasing goods through the Website.
You acknowledge that Excellerate may terminate your account, remove any data or content that you have provided and/or disable your access to the Website, in whole or part, at any time for any reason or no reason, with or without notice and with no liability of any kind. In addition, Excellerate may modify or remove any service or functionality included in the Website at any time, with or without notice and with no liability of any kind.
These Conditions of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Excellerate without restriction.
Use of the Web Site is only available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website.
Excellerate may, at its sole discretion, modify these Conditions of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Conditions of Use were last modified as of June1, 2014.
Transactions on Website
Excellerate reserves the right to refuse any order placed on the Website, and may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Excellerate makes a change to or cancels an order, it will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Excellerate reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by those with intent to infringe on Excellerate’s copyright, or to refuse to service a customer for any reason.
All goods purchased from EngageRx.org are F.O.B. at our fulfillment center. Title to goods passes to you at the time of delivery by the fulfillment center to a common carrier, except where the goods are delivered electronically.
Sales tax is applied to your EngageRx.org order in accordance with individual state and local regulations if your shipping address is in one of the following states: New York, Ohio and Colorado. Appropriate tax charges will appear on the “Review Order” page during checkout.
Product Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. Excellerate reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
Links to Other Web Sites and Services
The Website may contain links to other Web sites that are not under the control of Excellerate. Excellerate has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Websites’ users.
User Submissions
Content submitted by users of the Web Site for public view is referred to in these Conditions of Use as “User Submissions.” You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Excellerate to use the User Submissions in the manner contemplated by the Web Site and these Conditions of Use. You further represent and warrant that your User Submissions do not infringe any third party’s intellectual property rights, do not invade any third party’s privacy, and are not illegal, obscene, threatening, abusive, libelous, slanderous, defamatory, fraudulent , misleading, prejudicial or otherwise injurious to third parties.
You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions, you hereby grant Excellerate an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Web Site and under these Conditions of Use.
Excellerate does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. Excellerate reserves the right to remove any User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User’s access to its Website for any reason.
Intellectual Property Rights
Excellerate is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others’ conduct and information is limited as described therein. Further, Excellerate is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Excellerate notice of an infringement, you must provide a written communication to Excellerate LLC, DMCA Infringement Notification Dept., 927 Broadway, 2nd Floor, New York, NY 10010 or to dmca@EngageRx.org that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content. By using this site, you acknowledge that EngageRx.org contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Excellerate owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Excellerate and its related marks are trademarks and servicemarks of Excellerate, Inc. All rights reserved. All other trademarks, service marks, product names, company names and logos appearing on EngageRx.org are the property of their respective owners.
One or more patents may apply to this web site, including without limitation U.S. Patent Nos. 5,528,490, 5,761,649 and 6,029,142.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELLERATE PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. EXCELLERATE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE¿S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF EXCELLERATE¿S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY.
IN NO EVENT SHALL EXCELLERATE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Miscellaneous
You agree that the Web Site shall be deemed a passive service based solely in New York and shall not give rise to personal jurisdiction over Excellerate, either specific or general, in jurisdictions other than New York. These Conditions of Use shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and Excellerate that arises in whole or in part from the Web Site shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Conditions of Use, together with the Privacy Policy and any other legal notices published by Excellerate on the Web Site, constitute the entire agreement between you and Excellerate concerning the Web Site. If any provision of these Conditions of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Conditions of Use, which shall remain in full force and effect. No waiver of any term of this these Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and Excellerate’s failure to assert any right or provision under these Conditions of Use shall not constitute a waiver of such right or provision.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE CONDITIONS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.
Most communications between Excellerate and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and Excellerate shall satisfy any legal requirements that such communications be in writing.
