Terms & Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND RXVANTAGE Inc. READ IT CAREFULLY BEFORE CONTINUING. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD SO INDICATE AT THE APPROPRIATE SCREEN AND PROMPTLY DISCONTINUE THE INSTALLATION DOWNLOAD, AND/OR USE OF ALL RXVANTAGE SERVICES.
Terms of Service
By completing your registration and clicking on the "I Accept" button below, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our website; any use of the Service after such notice will constitute acceptance by you of such changes.
All use of RxVantage, its web site and any free or subscription services offered by RxVantage, including but not limited to: use scheduling software RxVantage, use of RxVantage email, notification or sample request services (Collectively the “Service”) are subject to the terms of this agreement and the policies, agreements and instructions for the use of this agreement and the policies herein and/or on the web site and posted by RxVantage, are hereby incorporated herein. The term “User” includes any person or entity ordering and/or using the service, as well as any person or entity acting on behalf of such person or entity in relation to ordering and/or using the service.
Any User, by ordering and/or using the RxVantage services agrees to be bound by the terms and conditions of this agreement. If the person or entity ordering or using this service is acting on behalf of another person or entity, he/she represents and warrants that he/she has the power and authority to use the service and to enter into this agreement on behalf of such entity and that his/her actions have been duly authorized by such entity.
All Users agree to be bound by the terms and conditions of this Agreement and acknowledge and accept that:
Minors. MINORS MAY NOT BECOME REGISTERED USERS. By registering, you represent and warrant that you are at least 18 years old.
Exclusive Use. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
Medical or Pharmaceutical Professional. The Service is intended only for pharmaceutical or medical industry professionals. By registering, you represent and warrant that you are a medical or pharmaceutical professional.
You will not provide inaccurate, misleading or false information to the Company or to any other Registered User. If information provided to the Company, or another Registered User, subsequently becomes inaccurate, misleading or false, you will promptly notify the Company of such change.
You will only create one unique profile with the Service
RxVantage acts only as a forum and technical interface between Users and does not itself verify the qualifications of Users, nor does it evaluate, control or monitor in any ongoing manner exchanges between users. The Company reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Service. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Registered Users that are not readily accessible to the general public will be treated as private by the Company to the extent permitted by applicable law.
Users must use their own judgment in evaluating the qualifications of and statements made by Users. Any opinions expressed by a User are of those of the User alone, and are not to be attributed to RxVantage. RxVantage cannot and does not assume responsibility for the accuracy, completeness, safety, timeliness, legality or applicability of anything said or written by any User. There are risks of dealing with underage persons, or persons acting under false pretenses. Authentication on the Internet is difficult, and accordingly, RxVantage cannot always confirm that each User is whom they claim to be or that they can deliver services or make payments. RxVantage cannot control the information provided by Users. Users’ information might be offensive, harmful, untimely, inaccurate and/or deceptive and, accordingly, User agrees to exercise caution, discretion and common sense when using the Service. User agree that User must evaluate, and bear all risks associated with, the use of any exchange between Users, including any reliance on the accuracy, completeness, or usefulness of such exchange. In this regard, User acknowledges that User may not rely on any information or data created by RxVantage or submitted to RxVantage.
Information, advice, opinions or comments expressed by any User via the Service are not intended to substitute for informed professional advice. User should not use the Service for emergency purposes or to seek or provide diagnosis or treatment of medical, psychiatric or psychological problems, or as a substitute for face-to-face professional consultation. If User has a medical or psychiatric emergency, call User’s physician or 911 immediately.
RxVantage is not a referral service and RxVantage does not endorse or recommend the use of any professional services. User must use his or her own judgment to determine when it is necessary to consult with a provider who is local, licensed in User’s state or country, available in person, or otherwise possesses qualities required to properly diagnose or advise User, especially in areas of expertise such as medicine, law, accounting, psychological counseling, investment, tax or other financial advice, requiring government or regulatory licensing or certification, or for high risk activities.
User understands that by using the Service, User may be exposed to Content (as defined below) that is offensive, indecent or objectionable. Under no circumstances will RxVantage be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Dealings with Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supplied to the Company with advertisers, or as the result of the presence of such advertisers on the Service.
Unauthorized Users. It is possible that other Registered Users or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the Service and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
Modification and Termination
RxVantage reserves the right in its sole discretion to modify or discontinue the Service or modify the terms and conditions of Users’ access to the Service, without notice to Users.
Without limiting other remedies, RxVantage may immediately issue a warning, temporarily suspend, and/or indefinitely suspend User’s use of the Service and refuse to provide our services to User for any reason, including without limitation, violation of any one or more of RxVantage’s standards or the terms described in paragraph c. below or (1) if User breaches this Agreement or the documents it incorporates by reference; (2) if RxVantage is unable to verify or authenticate any information User provide to RxVantage; or (3) if RxVantage believes that User’s actions may cause legal liability for User, our users, or to RxVantage. Such termination or suspension of services may be without refund, at RxVantage’s sole discretion.
IF ANY MODIFICATION WE MAKE TO THIS AGREEMENT IS UNACCEPTABLE TO USER, USER’S ONLY RECOURSE IS TO TERMINATE USER’S USE OF THE SERVICE. USER’S CONTINUED USE OF THE SERVICE FOLLOWING RXVANTAGE’S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE OR NEW AGREEMENT.
Eligibility and Security
Authorized use of the Service is available only to persons who are at least 18 years old and who are otherwise capable of forming legally binding contracts under applicable law. In addition, RxVantage does not permit membership or use of the Service in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens. Additionally, as set forth above, the Service is available ONLY TO QUALIFIED MEDICAL AND/OR PHARMACEUTICAL INDUSTRY PROFESSIONALS.
Users shall supervise and be solely and fully responsible for (i) all activities that occur under a User’s password or account, including, but not limited to, all usage by minors of the Service, and (ii) maintaining the confidentiality of User’s account, password or any personally identifiable information.
Information
User is solely responsible for and shall continuously provide to the Service true, accurate and current and complete information including, without limitation, billing and credit card information and all other personally identifiable information provided by the User. Users agree that RxVantage may use this information as described in RxVantage’s Privacy Policy. Users may not share or transfer paid membership accounts.
User acknowledges, consents and agrees that RxVantage may access, preserve and disclose User’s account information and any information transmitted through the Service if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any information transmitted through the Service violates the rights of third parties; (d) respond to User’s requests for customer service; or (e) protect the rights, property or personal safety of RxVantage, its users and/or the public.
User Conduct
User hereby represents and warrants that User shall not violate any of the terms and conditions set forth in this agreement and that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
User further agrees that User shall NOT:
(i) USE THE SERVICE TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO, OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. If RxVantage has notice that a User has violated this term of use, RxVantage may, in its sole discretion, either, (1) warn the user that the User is in violation of this term of the Agreement, (2) remove the material from our site or (3) terminate the User's access to the Service without warning.
(ii) copy, modify, create a derivative work of, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code or; modify or attempt to modify the Service in any manner or form;
(iii) take any actions, which may undermine the integrity of the scheduling or user referral system, or the User feedback system used to solicit feedback from Users;
(iv) create obscene, profane, threatening, defamatory, or hateful user screen names, messages, or comments in any area of the Service;
(v) intentionally or unintentionally violate (or allow others to violate) any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(vi) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(vii) solicit Credit Card numbers for goods or services, nor engage in any commercial activity on the Service which RxVantage has not expressly and previously authorized;
(viii) interfere with the use and enjoyment of the Service by other Users;
(ix) interfere with or disrupt the Service or sources or networks connected to the Service;
(x) use the Service in a manner which may result in the breach of any Agreement by User with any third party;
(xi) transmit through the Service any unlawful, harassing, defamatory, libelous, slanderous, disparaging, privacy invading, abusive, threatening, harmful, misleading, obscene or otherwise objectionable material of any kind;
(xii) use the Service for the placing of wagers or bets or other gambling activity;
(xiii) use the Service in a manner that promotes or contributes to the delinquency of a minor or solicit a minor in any way through the Service, or take any other action that may harm a minor in any way;
(xiv) attempt to gain unauthorized access to other computer systems or networks connected to the Site;
(xv) transmit “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of email or bulletin board postings;
(xvi) use any information or material on this site for marketing or solicitation;
(xvii) solicit for advertisers or sponsors;
(xviii) display advertising or sponsorships of any kind on RxVantage message boards or in other service areas, including banners that are generated by banner or link exchange services, with the sole exception of those placed there by RxVantage or its affiliates;
(xix) impersonate any person or entity, including, but not limited to, a RxVantage official, forum leader, guide or host, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
(xx) interfere with the operation of any official help boards, chats, or other services, or impede the ability of RxVantage employees to perform their duties;
(xxi) transmit broad solicitation for employees, consultants, contractors or for participation on their Web sites;
(xxii) use Service for purposes of multi-level marketing proposals, for example, offering to help participants “get rich quickly”, “lose weight now” or “make money surfing the Web,”;
(xxiii) “stalk" or otherwise harass another;
(xxiv) upload, post, email, transmit or otherwise make available any information that User do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(xxv) transmit any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information from our Users, our Employees, or the system itself;
(xxvi) use the Service in any manner that will interfere with or damage the operation of the services of third parties by overburdening/disabling network resources through automated queries, excessive usage or similar conduct.
User Billing and Payment
Any user who subscribes to or uses any paid RxVantage service is responsible for payment of fees at the rate listed by RxVantage. The user authorizes RxVantage to collect such fees immediately by debiting the user's credit card or through the immediate collection of other forms of payment, electronic or otherwise.
Subscription Refunds
Users who subscribe to an RxVantage subscription service are entitled to a refund within three (3) days of purchase. No refunds shall be issued after three (3) days have elapsed. Users whose memberships are terminated or revoked by RxVantage for Terms of Service violations forfeit any right to a refund for subscriptions paid to RxVantage for membership and/or the use of services.
Representations, Warranties and Acknowledgments
Warranty Disclaimer
(A) THE SERVICE AND ALL RELATED SITES, SERVICES OR GOODS OBTAINED THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND. RXVANTAGE EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
(B) RXVANTAGE MAKES NO WARRANTY THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES RXVANTAGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) RXVANTAGE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM RXVANTAGE, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) While the Company performs an initial screening of individuals registering for the Service, the Company makes no representations or warranties as to the conduct of such individuals with any other current or future Registered Users.
Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL RXVANTAGE BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE, OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, BODILY INJURY, EMOTIONAL DISTRESS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL OR PERSONAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, RXVANTAGE’S COLLECTIVE LIABILITY UNDER ANY PROVISION OF THIS LICENSE SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES (IF ANY) USER PAID FOR THIS LICENSE
USER AGREES TO HOLD HARMLESS AND INDEMNIFY RXVANTAGE, AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO A USER’S USE OF THE SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY'S FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.
Release and Waiver
USER USES THE SERVICE AT HIS OR HER OWN RISK. To the maximum extent permitted by applicable law, User hereby release, and waive all claims against RxVantage and its employees and agents from any and all liability for claims, damages (actual and consequential). Costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. If User is a California resident, User waives User’s rights under California Civil Code 1542, which states “A general release does not extend to claims which the creditor does not know or suspect to existing his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Services
RxVantage reserves the right to add new membership programs and to change the terms of existing membership programs at any time, including paid programs. These modifications may include, but are not limited to, changes in the service, product offerings, price, or administration of the program. Not all products are available for all platforms, clients, or browsers. RxVantage will announce any change in the price of the program on its website prior to any such change taking effect.
If ordering merchandise and/or services from anyone other than RxVantage, through any commercial service offered via an official RxVantage partnership or affiliate, via RxVantage, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between User and the seller of the merchandise or services. RxVantage makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the Seller.
Copyrights and Copyright Agent
RxVantage has adopted and implemented a policy that provides for the termination of services in appropriate circumstances of Users who infringe on copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RxVantage with the following information required under 17 U.S.C. s. 512;
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and;
Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RxVantage to locate the material;
Information reasonably sufficient to permit RxVantage to contact the complaining party, such as an electronic email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Please submit this information to:
Email: contact@RxVantage.com
User maintains a copyright on any copyrighted original material User posts, to the extent allowed by law.
Links to Other Web Sites
The Service may provide links to Web sites other than RxVantage.com. RxVantage neither controls such Sites or Services nor endorses any of the materials or policies on such sites or Services, including but not limited to Privacy Policies, or any association with their operators.
No Assignment
User shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of RxVantage. Any such proposed assignment or delegation by User without the appropriate prior written consent of RxVantage will be null and void and of no force or effect, unless otherwise expressly consented to by RxVantage at its sole and absolute discretion.
Relationship of the Parties
Not withstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any other contract.
Miscellaneous
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. RxVantage’s failure to act with respect to a breach by User or others does not waive RxVantage’s right to act with respect to subsequent or similar breaches. The failure of RxVantage to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are for convenience only and shall not limit or otherwise affect the terms of this Agreement. THIS AGREEMENT SHALL BE INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, excluding its conflict of laws provisions. All disputes relating to this Agreement are subject to the exclusive jurisdiction of the federal and state courts located in Los Angeles County, California and User expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute. This Agreement constitutes the entire agreement between RxVantage and User with respect to the subject matter hereof.
RxVantage may, at any time, modify any of the terms and conditions contained in this agreement by posting such changes on the RxVantage web site. If User does not agree to the changes, User’s only remedy is to cease Use of all RxVantage Services.
