Terms
of use
These terms of use
("Agreement") set forth the general terms of use of your use of
the offersrx.com website ("Website" or
"Service") and any of its related products and services (collectively,
"Services"). This Agreement is legally binding between you
("User", "you" or "your") and OFFERSRX LLC
("OFFERSRX LLC", "we", "us" or "our").
By accessing and using the Website and Services, you acknowledge that you have
read, understood, and agree to be bound by the terms of this Agreement. If you
are entering into this Agreement on behalf of a business or other legal entity,
you represent that you have the authority to bind such entity to this
Agreement, in which case the terms "User", "you" or
"your" shall refer to such entity. If you do not have such authority,
or if you do not agree with the terms of this Agreement, you must not accept
this Agreement and may not access and use the Website and Services. You
acknowledge that this Agreement is a contract between you and OFFERSRX LLC,
even though it is electronic and is not physically signed by you, and it
governs your use of the Website and Services.
Accounts and
membership
You must be at least 18 years of age to use
the Website and Services. By using the Website and Services and by agreeing to
this Agreement you warrant and represent that you are at least 18 years of age.
If you create an account on the Website, you are responsible for maintaining
the security of your account and you are fully responsible for all activities
that occur under the account and any other actions taken in connection with it.
We may, but have no obligation to, monitor and review new accounts before you
may sign in and start using the Services. Providing false contact information
of any kind may result in the termination of your account. You must immediately
notify us of any unauthorized uses of your account or any other breaches of
security. We will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions. We may
suspend, disable, or delete your account (or any part thereof) if we determine
that you have violated any provision of this Agreement or that your conduct or
content would tend to damage our reputation and goodwill. If we delete your
account for the foregoing reasons, you may not re-register for our Services. We
may block your email address and Internet protocol address to prevent further
registration.
Billing and payments
You shall pay all fees or charges to your
account in accordance with the fees, charges, and billing terms in effect at
the time a fee or charge is due and payable. Where Services are offered on a
free trial basis, payment may be required after the free trial period ends, and
not when you enter your billing details (which may be required prior to the
commencement of the free trial period). Sensitive and private data exchange
happens over a SSL secured communication channel and is encrypted and protected
with digital signatures, and the Website and Services are also in compliance
with PCI vulnerability standards in order to create as secure of an environment
as possible for Users. Scans for malware are performed on a regular basis for
additional security and protection. If, in our judgment, your purchase
constitutes a high-risk transaction, we will require you to provide us with a
copy of your valid government-issued photo identification, and possibly a copy
of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and product pricing at any time. We
also reserve the right to refuse any order you place with us. We may, in our
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 that we make a change to or cancel an
order, we may attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made.
Accuracy of
information
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, availability, promotions and offers.
We reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information on the Website
or Services is inaccurate at any time without prior notice (including after you
have submitted your order). We undertake no obligation to update, amend or
clarify information on the Website including, without limitation, pricing
information, except as required by law. No specified update or refresh date
applied on the Website should be taken to indicate that all information on the
Website or Services has been modified or updated.
Third party services
If you decide to enable, access or use third
party services, be advised that your access and use of such other services are
governed solely by the terms of use of such other services, and we do not
endorse, are not responsible or liable for, and make no representations as to
any aspect of such other services, including, without limitation, their content
or the manner in which they handle data (including your data) or any
interaction between you and the provider of such other services. You
irrevocably waive any claim against OFFERSRX LLC with respect to such other
services. OFFERSRX LLC is not liable for any damage or loss caused or alleged
to be caused by or in connection with your enablement, access or use of any
such other services, or your reliance on the privacy practices, data security
processes or other policies of such other services. You may be required to
register for or log into such other services on their respective platforms. By
enabling any other services, you are expressly permitting OFFERSRX LLC to
disclose your data as necessary to facilitate the use or enablement of such other
service.
Advertisements
During your use of the Website and Services,
you may enter into correspondence with or participate in promotions of
advertisers or sponsors showing their goods or services through the Website and
Services. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you and the
applicable third party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third party.
Links to other
resources
Although the Website and Services may link to
other resources (such as websites, mobile applications, etc.), we are not,
directly or indirectly, implying any approval, association, sponsorship, endorsement,
or affiliation with any linked resource, unless specifically stated herein.
Some of the links on the Website may be "affiliate links". This means
if you click on the link and purchase an item, OFFERSRX LLC will receive an
affiliate commission. We are not responsible for examining or evaluating, and
we do not warrant the offerings of, any businesses or individuals or the
content of their resources. We do not assume any responsibility or liability
for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of
any resource which you access through a link on the Website and Services. Your
linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the
Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate
in any unlawful acts; (c) to violate any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect the
functionality or operation of the Website and Services, third party products
and services, or the Internet; (h) to spam, phish, pharm, pretext, spider,
crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere
with or circumvent the security features of the Website and Services, third
party products and services, or the Internet. We reserve the right to terminate
your use of the Website and Services for violating any of the prohibited uses.
Intellectual property
rights
"Intellectual Property Rights" means
all present and future rights conferred by statute, common law or equity in or
in relation to any copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights, in each
case whether registered or unregistered and including all applications and
rights to apply for and be granted, rights to claim priority from, such rights
and all similar or equivalent rights or forms of protection and any other
results of intellectual activity which subsist or will subsist now or in the
future in any part of the world. This Agreement does not transfer to you any
intellectual property owned by OFFERSRX LLC or third parties, and all rights,
titles, and interests in and to such property will remain (as between the
parties) solely with OFFERSRX LLC. All trademarks, service marks, graphics and
logos used in connection with the Website and Services, are trademarks or
registered trademarks of OFFERSRX LLC or its licensors. Other trademarks,
service marks, graphics and logos used in connection with the Website and
Services may be the trademarks of other third parties. Your use of the Website
and Services grants you no right or license to reproduce or otherwise use any
of OFFERSRX LLC or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an
"as is" and "as available" basis and that your use of the
Website and Services is solely at your own risk. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or
error-free; nor do we make any warranty as to the results that may be obtained
from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage or loss of data
that results from the download of such material and/or data. We make no
warranty regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service unless stated
otherwise. No advice or information, whether oral or written, obtained by you
from us or through the Service shall create any warranty not expressly made
herein.
Limitation of
liability
To the fullest extent permitted by applicable
law, in no event will OFFERSRX LLC, its affiliates, directors, officers,
employees, agents, suppliers or licensors be liable to any person for any
indirect, incidental, special, punitive, cover or consequential damages (including,
without limitation, damages for lost profits, revenue, sales, goodwill, use of
content, impact on business, business interruption, loss of anticipated
savings, loss of business opportunity) however caused, under any theory of
liability, including, without limitation, contract, tort, warranty, breach of
statutory duty, negligence or otherwise, even if the liable party has been
advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of OFFERSRX LLC and its affiliates, officers, employees, agents,
suppliers and licensors relating to the services will be limited to an amount
greater of one dollar or any amounts actually paid in cash by you to OFFERSRX
LLC for the prior one month period prior to the first event or occurrence
giving rise to such liability. The limitations and exclusions also apply if
this remedy does not fully compensate you for any losses or fails of its
essential purpose.
Indemnification
You agree to indemnify and hold OFFERSRX LLC
and its affiliates, directors, officers, employees, agents, suppliers and
licensors harmless from and against any liabilities, losses, damages or costs,
including reasonable attorneys' fees, incurred in connection with or arising
from any third party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or relating to your Content, your
use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this
Agreement may be exercised and shall be applicable and binding only to the
extent that they do not violate any applicable laws and are intended to be
limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision
of this Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that the
remaining provisions or portions thereof shall constitute their agreement with
respect to the subject matter hereof, and all such remaining provisions or
portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance
of this Agreement and any disputes arising out of it shall be governed by the
substantive and procedural laws of New Jersey, United States without regard to
its rules on conflicts or choice of law and, to the extent applicable, the laws
of United States. The exclusive jurisdiction and venue for actions related to
the subject matter hereof shall be the courts located in New Jersey, United
States, and you hereby submit to the personal jurisdiction of such courts. You
hereby waive any right to a jury trial in any proceeding arising out of or
related to this Agreement. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
Assignment
You may not assign, resell, sub-license or
otherwise transfer or delegate any of your rights or obligations hereunder, in
whole or in part, without our prior written consent, which consent shall be at
our own sole discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or obligations
hereunder, in whole or in part, to any third party as part of the sale of all
or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement
or its terms relating to the Website and Services at any time, effective upon
posting of an updated version of this Agreement on the Website. When we do, we
will revise the updated date at the bottom of this page. Continued use of the
Website and Services after any such changes shall constitute your consent to
such changes.
Acceptance of these
terms
You acknowledge that you have read this
Agreement and agree to all its terms of use. By accessing and using the Website
and Services you agree to be bound by this Agreement. If you do not agree to
abide by the terms of this Agreement, you are not authorized to access or use
the Website and Services.
Contacting us
If you would like to contact us to understand
more about this Agreement or wish to contact us concerning any matter relating
to it, you may send an email to info@OffersRx.com
This document was last
updated on December 13, 2020