Terms and Conditions

Welcome to MedsOnCue! This website is maintained as a service to our users. By using MedsOnCue, you are agreeing to comply with and be bound by the following terms and conditions of use. Please review the following terms carefully. If you do not agree to these terms, you may not use this site.

1. Acceptance of Agreement

For the purposes of this agreement, the terms 'we', 'us', 'our' and 'MedsOnCue' refer to MedsOnCue and its successors, partners, affiliates, subsidiaries and assigns. The terms 'You', 'User', 'Visitor' and 'End-User' refer to You as a user of this Site. The terms "content provider" and "content providers" refer to any company, organization, corporation, association, individual, partnership or limited liability company that supplies content to MedsOnCue. You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our website (the "Site"). This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to You. The latest Agreement will be posted on the Site, and You should review this Agreement prior to using the Site. By accessing the site, You agree to be bound by the terms of the latest Agreement posted.

2. Copyright and Trademarks

The content, organization, graphics, design, compilation, translation, digital conversion and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. "MedsOnCue" and others marks are either trademarks or registered trademarks of VUCA Health LLC. Other product, company names, and content displayed on the Site may be the trademarks or copyrights of their respective owners. Individual documents on this server may have different copyright conditions, and that will be noted in those documents. The copying, screen or video stream capturing, redistribution, use or publication by You of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site by MedsOnCue does not constitute a waiver of any rights in such information and materials.

3. Limited Right to Use

Personal Use

You are granted a limited nonexclusive license to view or print content, graphics, forms or documents from the Site for use solely by You for Your own personal use.

No page and content from this website may be copied, reproduced, republished, uploaded, posted, transmitted, framed, commercialized, distributed in any way, or incorporated into any other website or electronic or mechanical information retrieval system, except that page materials may be cached by browsers used in viewing this website for your personal use. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. The use of any such material on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials on this site (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all-time vested in MedsOnCue or its content providers.

4. Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any videos, images, text, documents, information or any other content appearing on the Site at any time without notice.

5. Submissions

If You send submissions or creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions") to us, the Submissions shall be deemed, and shall remain, the property of MedsOnCue. None of the Submissions shall be subject to any obligation of confidence on the part of MedsOnCue, and MedsOnCue shall not be liable for any use or disclosure of any Submissions. You hereby represent and warrant that You have all necessary rights in and to the Submissions You provide and that all information they contain shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortuous, or otherwise unlawful information. In addition, You warrant that all so-called moral rights in any Submissions You provide have been waived. Without limitation of the foregoing, MedsOnCue shall exclusively own all known or hereafter existing rights to the Submissions of every kind and nature throughout the universe in perpetuity and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

6. Indemnification

You agreed to defend, indemnify and hold harmless MedsOnCue, its affiliates and their respective directors, officers, employees and agents (collectively, "Affiliated Parties") from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or accruing from: (a) any material posted or otherwise provided by You that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (b) any misrepresentation made by You in connection with Your use of the Site; (c) any non-compliance by You with the terms and conditions of this Agreement; and (d) claims regarding any liability, loss, claim and/or expense arising from or related to Your access and use of the Site, including information obtained through the Site. Notwithstanding the foregoing, MedsOnCue reserves the right to assume at its expense the exclusive defense and control of any matter subject to indemnification by You, in which event You will fully cooperate with MedsOnCue in asserting any available defenses.

7. Nontransferable

Your right to use the Site is not transferable. Any rights, if given to You to obtain information, services or documents, are not transferable.

8. Minor

If You have agreed to allow Your minor child, or a child for whom You are legal guardian (a "Minor"), to use this Site, You agree that You shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor's access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

9. Third-Party Services

We may link to third-party partner sites ("Partners") from which You may receive certain services. You understand that we do not operate or control the products or services offered by Partners. Partners are responsible for all aspects of content access, order processing, service fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Partners. YOU AGREE THAT USE OF SUCH PARTNERS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES (DIRECT OR INDIRECT) ARISING FROM ANY TRANSACTIONS BETWEEN YOU AND PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY OTHER SITE LINKED TO OUR SITE. The inclusion of third-party Sites does not imply any recommendation, approval, or endorsement by MedsOnCue of the quality of the goods/services being advertised or any other characteristics or qualities of the Partner or its goods/services. You expressly agree not to rely on any claims made on this Site regarding the quality of the goods/services being advertised. To the extent desired, You shall perform all reasonable inquiries into the quality, sufficiency, legality, fitness, and ability of the Partner goods/services to meet Your needs. Partners has no power to bind MedsOnCue in any way, including but not limited to issues regarding warranties, adequacy of goods, and all other concerns.

10. Third-Party Partner Policies

All rules, policies (including privacy policies) and operating procedures of Partners will apply to You while on such sites. We are not responsible for information provided by You to Parttners.

11. Child Online Protection Act Notification

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors.

12. Information and Press Releases

The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in press releases or otherwise, should not be relied upon as being provided or endorsed by us.

13. Miscellaneous

All disputes between You and MedsOnCue arising in connection with this Agreement shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, using the Expedited Procedures, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator shall be an individual generally skilled in the legal and business aspects of the subject matter of this Agreement. The arbitrator shall have no authority to impose penalties or award punitive damages. The arbitration shall take place in the Seminole County, Florida, and the arbitrator shall apply the law of the State of Florida and applicable rules of evidence. If all parties and the arbitrator agree, arbitration may take place by telephone or by written communication. Unless the arbitrator otherwise directs, the parties, their representatives, other participants, and the arbitrator shall hold the existence, content, and result of the arbitration in confidence. No action, regardless of form, related to the obligations of the parties under this Agreement may be brought by either party against the other more than one (1) year after the cause of action has accrued. In any proceeding to enforce this Agreement, the prevailing party will have the right, in addition to its other rights hereunder, to recover its reasonable litigation costs and reasonable attorneys' fees. Notwithstanding the foregoing, MedsOnCue may seek immediate injunctive relief in the event of Your infringement of intellectual property rights hereunder or a breach of Your confidentiality obligations. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision.

14. Disclaimer and Limits

Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. MedsOnCue may also make improvements and/or changes in the products and/or services described in this information at any time without notice.

Information on this Site is not intended to substitute for professional medical advice. Be sure to contact your physician, pharmacist or other health care provider for more information about this medication. By viewing these web site pages, you agree to our terms and conditions of use.

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND MEDSONCUE AND THE CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. MEDSONCUE AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. WE ARE NOT LIABLE FOR ANY FAILURE TO PERFORM OR PERFORMANCE DUE TO A FORCE MAJEURE EVENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THIS WEBSITE AND THE CONTENT PROVIDERS OFFER NO MEDICAL ADVICE IN CONNECTION WITH THIS WEBSITE. USERS ARE RESPONSIBLE FOR THE USE OF THE CONTENT ON THIS WEBSITE. A LICENSED MEDICAL PROFESSIONAL IS RESPONSIBLE FOR INDEPENDENTLY REACHING ANY MEDICAL JUDGMENT, AND FOR ANY RESULTING DIAGNOSIS AND TREATMENTS, NOTWITHSTANDING ANY USE OF THE CONTENT BY SUCH MEDICAL PROFESSIONAL. BY USE OF THIS WEBSITE YOU ACKNOWLEDGE AND AGREE THAT THE INFORMATION ON THIS WEBSITE MAY CONTAIN INACCURACIES AND OTHER ERRORS.

YOU USE THIS WEBSITE AND THE MATERIAL AND INFORMATION ON THE WEBSITE AT YOUR OWN RISK. MEDSONCUE AND THE CONTENT PROVIDERS ARE NOT LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE WEB SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE CONTAINED WITHIN THE SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) THAT MAY RESULT FROM USE OF, OR INABILITY TO USE OUR SITE. MEDSONCUE DOES NOT WARRANT OR MAKE REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE (OR THE CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE (ON BEHALF OF OURSELVES AND THE CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED $1,000. YOU AND WE (ON BEHALF OF OURSELVES AND THE CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US (AND THE CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THIS SITE, THE SERVICES AND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY WE WOULD NOT PROVIDE THE WEBSITE, THE SERVICES, OR THE CONTENT TO YOU.

Updated: 4/29/2013



Share/Email

Transcript


Share/Email