|
|
Terms and Conditions
The following are the terms of a legal agreement (the
"Agreement") between you and
BioHealthRx, whose website is BioHealthRx.com (the
"Company,"
"we," or
"us" as used herein). The terms
"you" and
"your" as used herein refer to all
individuals and/or entities accessing this Site for any
reason. PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS,
INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
We offer access to and use of our site to you subject to your
acceptance of these terms and conditions
("Terms").
ACCEPTANCE OF
TERMS
By accessing, using or obtaining any content,
data, materials, information, products or services through our
sites, you agree to observe these Terms and to comply with all
applicable laws and regulations, including United States
copyright and trademark laws. If you do not accept all of
these Terms, then please leave our site now. You are agreeing
to use the Site at your own risk. The materials on this Web
site (the "Site") are provided by BioHealthRx whose website
is BioHealthRx.com as a service to its users and may be
used for informational purposes only subject to the provisions
below. By downloading any materials form or otherwise using
this Site, you as a user ("you") agree to these terms and
conditions ("Terms"). If you do not agree to them, do not use
the Site or download any materials from it.
AMENDMENTS TO THIS AGREEMENT AND CHANGES
TO SITE
We reserve the right to change, modify, add or
remove Terms and Conditions at any time by updating this page.
Changes will be binding on you on as of the date they are
posted on the Site (or as otherwise stated in the any notice
of such changes). Any use of the Site will be considered
acceptance by you of the then-current Terms and Conditions. If
at any time you find the Terms and Conditions unacceptable,
you may not use the Site any longer. Any new or different
terms supplied by you are specifically rejected by BioHealthRx
agrees to them in a signed writing specifically including
those new or different terms. BioHealthRx may change the
site at any time.
USE OF SITES
You may only use our sites if you are at least
18 years of age and can enter into binding contracts (our
sites are not available for use by minors). You are only
authorized to use monthly job posting or resume access account
for which you will receive a single login and password. You
are responsible for maintaining the secrecy of your passwords,
login and account information. Use of this account by any
other person or entity is not permitted. You will be
financially accountable for all uses of our sites by you and
anyone using your password and login information. You may only
use our sites to make legitimate purchases. You may not use
our sites: to make any false or fraudulent purchase; to post
or transmit any unlawful, threatening, libelous, defamatory,
obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise
to civil liability, or otherwise violate any law; or for any
other purpose that is unlawful or prohibited by these Terms.
We may, at any time and without advance notice or liability,
terminate or restrict your access to all or any component of
our sites. We will use our reasonable commercial efforts to
keep our sites available on a 24-hour/7-day-a- week basis,
subject to necessary scheduled downtime for maintenance,
unscheduled maintenance and system outages. Your access to our
sites may not be uninterrupted or available at all times. We
cannot promise that our sites will be error-free, that defects
or errors will be corrected or that our sites or the servers
that make them available are free from viruses or other
harmful components. You will not use any device, software or
routine that interferes or attempts to interfere with the
normal operation of our sites or take any action that imposes
an unreasonable load on our computer equipment.
SERVICE
The benefit of the service we provide depends in large
measure on the accuracy of the information you provide to us.
Therefore, it is incumbent upon you to provide us with valid
and working email address(es) for you to participate in our
service. We cannot be held responsible for, nor are we
obligated to ensure, the accuracy of the information provided
to us by a job seeker, which is made available through this
website. Furthermore, we disclaim any warranty, express or
implied, as to the quality of any job seeker who may use our
site. Mistakes in data entry will be corrected by us in a
reasonably timely fashion upon notice by the subscriber. We
cannot promise that all emails will be delivered in a timely
fashion and we cannot guarantee that every email we send will
be received or readable by every recipient.
OWNERSHIP
We own and have copyrights on our sites including all
software, design, structure and data compilation, and
materials located thereon, and all of their contents. You will
not copy, reproduce, republish, upload, post, transmit,
distribute, sell, transfer or modify any of the content, data,
information or materials found on our sites, and may not be
copied, reproduced, modified, published, uploaded, posted,
transmitted, or distributed in any way,
without BioHealthRx prior written permission. Trademarks,
logos and service marks displayed on our sites ("Marks") are
our registered and common law Marks. Your use of and access to
our sites do not grant you any license or right to use any of
these Marks not otherwise stated herein. You will not use any
robot, spider, other automatic device, or manual process to
monitor materials available through our sites. The
name BioHealthRx and any of the BioHealthRx.com logos may
not be used in any way without the Company's express written
permission.
SINGLE COPY LICENSE
You acknowledge and agree that the Service and any
necessary software used in connection with the Service
("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and
other laws. Except as otherwise indicated on this Site, you
may use one copy of the information or Software ("Materials")
found on this Site on a single computer for your personal,
non-commercial, internal use only unless specifically licensed
to do otherwise by BioHealthRx in writing or as allowed
by any license terms which accompany or are provided with
individual Materials. This is a personal, non-transferable,
non-exclusive right and one copy license, not a transfer of
title, and is subject to the following restrictions: you may
not: (a) modify the Materials or use them for any commercial
purpose, or any public display, performance, sale or rental,
including, without limitation, posting the Materials on any
network computer or broadcasting them in any media; (b) copy,
modify, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Materials; (c) remove any
copyright or other proprietary notices from the Materials; (d)
transfer the Materials to another person; (e) modify, rent,
lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part, except as
expressly authorized by BioHealthRx or advertisers. You
agree to prevent any unauthorized copying of the
Materials. BioHealthRx reserves all rights not expressly
granted in this Agreement. You agree not to modify the
Software in any manner or form, or to use any modified
versions of the Software, including, without limitation, for
the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than
through the interface that is provided by BioHealthRx for
use in accessing the Service. BioHealthRx does not make
any endorsements of Materials found or posted on the site.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell
or exploit for any commercial purposes, any portion of the
Service, use of the Service, or access to the Service.
TRADEMARK INFORMATION
All brand, product, service, and process names appearing on
this Site are trademarks of their respective holders,
and BioHealthRx does not make any endorsements of such
trademarks of their respective holders, that appear on this
Site. BioHealthRx trademarks may be used publicly with
written permission only from BioHealthRx. Fair use
of BioHealthRx trademarks in advertising and promotions
of BioHealthRx products requires proper acknowledgement.
Reference to or use of a product, service, or process does not
imply endorsement, recommendation, approval, affiliation, or
sponsorship of that product, service, or process by
BioHealthRx. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by
copyrights, trademarks, service marks, patents or other
proprietary rights and laws.
INTELLECTUAL PROPERTY POLICY
We respect the intellectual property of others and expect
you to do the same. At our discretion and in appropriate
circumstances, we may terminate your account(s) and/or prevent
access to the Site by users who infringe upon the intellectual
property rights of others. Pursuant to 17 United States Code
§512(c)(2) (the Digital Millennium Copyright Act of 1998, as
amended), our designated agent for notice of alleged copyright
infringement appearing on our site is:
PRIVACY
Your use of our sites is subject to our Privacy Policy.
Your use of our Site assumes that you have read and understand
our privacy policy and that it is reasonable and acceptable to
you. Your acceptance of these Terms is also your consent to
the information practices in our privacy policy.
USER SUBMISSIONS
Any material, information or other communication you
transmit or post to this Site will be considered
non-confidential and non-proprietary ("Submissions"). You
warrant that you have all rights necessary to submit data and
information to the Service, and to authorize the distribution
and re-distribution of any material you submit for inclusion
or use in the Service. You will provide information that we
reasonably request related to any claim that material you
submit infringes the rights of a third party. BioHealthRx
will have no obligations with respect to the Submissions,
provided that any personally identifiable information shall be
handled in the manner set forth
below. BioHealthRx and its designees, agents,
officers, directors and employees will be free to have
world-wide, royalty-free and fully sub-licensable usage to
copy, reproduce, disclose, distribute, modify, adapt,
translate, publish, publicly perform, publicly display, and to
incorporate such Content into other works in any format or
medium now known or later developed, and otherwise use the
Submissions and all data, images, sounds, text, graphics,
audio, video and other things embodied therein for any and all
commercial or non-commercial purposes, provided that any
personally identifiable information shall be handled in the
manner set forth below. BioHealthRx does not make any
endorsements of such Submissions and Communications on
BioHealthRx, nor representations that such submissions and
communications are true and accurate,
although, BioHealthRx will make all reasonable attempts
to ensure that user submissions are valid, accurate, reliable
and in a manner not prohibited by this agreement. You should
make all reasonable attempts to avoid promoting, marketing,
selling in any manner-Products, services, solutions, company
information, and any other information to other Registered
Users of this site, on BioHealthRx, unless explicitly granted
access to post advertisements on this site. BioHealthRx does
not make any endorsements of such advertisements (if any) that
are posted on this site. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material
that would violate any law or any rights of a third party.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to:
(a) provide true, accurate, current and complete information
about yourself as prompted by the BioHealthRx Member
Registration form. If you provide any information that is
untrue, inaccurate, not current or incomplete,
or BioHealthRx has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or
incomplete, BioHealthRx has the right to suspend or
terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
MEMBER ACCOUNT, PASSWORD AND SECURITY
You are required to enter your member name, email and
password as part of completing BioHealthRx Member
Registration process. You are responsible for maintaining your
member account details. Protect your password. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account, whether
or not authorized by you. If others use your password to post
inappropriate material on the Site, you risk losing your
access to the Site. You agree to (a) immediately
notify BioHealthRx of any unauthorized use of your
password or account or any other breach of security, and (b)
ensure that you exit from your account at the end of each
session. BioHealthRx cannot and will not be liable for any
loss or damage arising from your failure to comply with this
Section.
REGISTERED USER AND MEMBER CONDUCT
The Site is intended for individuals seeking employment and
for employers or recruiters seeking candidates for employment.
You may use this Site only for lawful purposes within the
stated context of BioHealthRx intended and acceptable use
of the Site. BioHealthRx is the sole interpreter of the
Site's intended and acceptable use. BioHealthRx hereby
grants you a limited, terminable, non-exclusive right to
access and use the Site only for internal business use related
to seeking candidates for employment and/or personal use for
individuals seeking employment opportunities. This authorizes
you to view and download a single copy of the material on the
Site solely for your personal use directly related to using
the Site for the purpose of searching and recruiting job
prospects.
POSTING TERMS AND CONDITIONS
Your posted document may not contain: (i) URLs or links to
Web sites not otherwise related to the job position or
posting; (ii) copyrighted material (unless you own the
copyright or have the owner's permission to post the
copyrighted material); (iii) trade secrets (unless you own
them or have the owner's permission to post them); (iv)
material that infringes on or misappropriates any other
intellectual property rights, or violates the privacy or
publicity rights of others; (v) anything that is sexually
explicit, obscene, libelous, defamatory, threatening,
harassing, abusive, or hateful; or (vi) anything that is
embarrassing or offensive to another person or entity.
You may not submit document(s) in order to: (i) impersonate
another person, living or dead; (ii) post false, inaccurate or
misleading information; (iii) post advertisements or
solicitations of business (including, but not limited to,
Multi-Level Marketing [MLM] positions, Email Processors,
Project 21, franchises, "club memberships," distributorships,
or anything requiring a monetary investment by the User); (iv)
post chain letters or pyramid schemes; or (v) post opinions or
notices, commercial or otherwise.
Your document(s) must contain sufficient detail to convey
clearly to the User the nature and requirements of the job
opportunity, or your qualifications as a candidate for
employment. Documents that encourage the User to "email for
more details" are not permitted. Documents from any third
party charging a fee or restricting complete access to all
resume information are prohibited. Resume postings must
contain the accurate resume of a living individual seeking
employment on a full-time, part-time, or contractual basis on
his or her own behalf. We cannot be held responsible for, nor
are we obligated to ensure, the accuracy of the information
provided to us.
PROHIBITED CONDUCT
You may not respond to postings by other Users in any
manner or for any purpose other than that which is expected
(i.e., to apply for the job or to initiate further discussion
with the candidate). Communications soliciting the employer's
business by our competitors are prohibited. You may not send
unsolicited commercial email to Users. You may not delete or
revise any material posted by any other person or entity.
You acknowledge that BioHealthRx is not obliged to
pre-screen Content, but that BioHealthRx and its
designees, agents, officers, directors and employees shall
have the right (but not the obligation) in their sole
discretion to refuse or remove, edit, move, discard any
Content that is available via the Service. Without limiting
the foregoing, BioHealthRx and its designees, agents,
officers, directors and employees shall have the right to
edit, delete, remove, discard any Content (including the
Content that you have submitted) that violates this agreement
or is otherwise objectionable, at its sole discretion. You
agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content
created by or submitted to BioHealthRx, including but not
limited to content submitted to or contained on our Online
Discussion Forum, Article Listings, Links Listings, News
Listings, Data Submission, Data Subscription, or other forums,
and in all other parts of the Service. You acknowledge and
agree that BioHealthRx may preserve and disclose Content,
and information about registered users, including those who
submit data on this site and Service, if required to do so by
law or in our good faith belief that such preservation and
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this agreement; (c) respond to claims
that any Content violates the rights of third-parties; (d)
protect the rights, property, or personal safety of
BioHealthRx, its users and the public; or (e) administer the
Service, its membership registration, its subscription and
signup procedures. You understand that the technical
processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
SECURITY
Users are prohibited from violating or attempting to
violate the security of the Site, including, without
limitation: (i) accessing data not intended for such User or
logging into a server or account which the User is not
authorized to access; (ii) attempting to probe, scan or test
the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (iii)
attempting to interfere with service to any User, host or
network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding", "mail
bombing" or "crashing"; (iv) sending unsolicited e-mail,
including promotions and/or advertising of products or
services; (v) forging any TCP/IP packet header or any part of
the header information in any e-mail or newsgroup posting.
Violations of system or network security may result in civil
or criminal liability. Violation of these Security Rules may
result in civil or criminal liability. BioHealthRx will
investigate occurrences which may involve such violations and
may involve, and cooperate with, law enforcement authorities
in prosecuting Users who are involved in such violations.
LINKS TO OTHER SITES
Our sites may contain links to other sites that we do not
operate or control. We are not responsible for these other
sites. We provide these links for your reference and
convenience. We do not endorse the contents of these other
sites. These links are not an indication of our association
with the owners or operators of any of these other sites. You
are free to access these other sites, but you do so at your
own risk. You agree not to create a link from any Web site,
including any site controlled by you, to our sites.
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 BioHealthRx shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
GENERAL PRACTICE
You acknowledge that BioHealthRx may establish general
practices and limits concerning use of the Service, including
but not limited to the maximum number of days that site email
messages, online discussion forum, articles, links, news
postings, member uploaded media, calendar appointments,
user-defined queries & results on BioHealthRx, or other
uploaded Content on BioHealthRx will be retained by the
Service, the maximum number of site email messages that may be
sent from or received by an account on the Service, the
maximum size of any site email message that may be sent from
or received by an account on the Service, the maximum disk
space that will be allotted on BioHealthRx servers on
your behalf, and the maximum number of times (and the maximum
duration for which) you may access the Service in a given
period of time. You agree that BioHealthRx has no
responsibility or liability for the deletion or failure to
store any message and other communications or other Content
maintained or transmitted by the Service. You acknowledge
that BioHealthRx reserves the right to log off accounts
that are inactive for an extended period of time. You further
acknowledge that BioHealthRx reserves the right to change
these general practices and limits at any time, in its sole
discretion, with or without notice.
NOTICES AND SITE ADMINISTRATION
UPDATES
Unless otherwise noted on the site, in the information
provided by the Service, subscription and signup details, or
as stated in this Agreement, all Site Administration Updates
to the Service, will be completed within 24 to 72 hours of
receiving the request, and all Notices and Communications
from BioHealthRx will be sent within 24 to 72 hours of
the respective event being triggered, for which this Notice or
Communication is being sent.
INTERNATIONAL USE
BioHealthRx controls this Site from its offices within
the United States of America. BioHealthRx makes no
representation that Materials in the Site are appropriate or
available for use in other locations, and access to them from
territories where their content is illegal and prohibited.
Those who choose to access this Site from other locations do
so on their own initiative and are responsible for compliance
with applicable local laws. Recognizing the global nature of
the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States
or the country in which you reside. You may not use or export
the Materials in violation of U.S. export laws and
regulations.
23. TERMINATION OF SERVICE
If you are a Registered User
and you breach of any of the terms or conditions of this
Agreement. BioHealthRx may, at its sole discretion, (a)
suspend your access to certain areas of the Site and Service,
(b) terminate your access to certain areas of the Site and
Service, for any reason, including but not limited to lack of
use, or if BioHealthRx believes that you are in breach of
any of the terms or conditions of this Agreement. Whether or
not a breach results in suspension or termination depends on
several factors, including but not limited to the severity of
the breach, the potential harm to other users or to
BioHealthRx, and whether or not the breach is repeated or
cured. If BioHealthRx suspends or terminates your right
to access or use the BioHealthRx site
then BioHealthRx shall, within 24 to 48 hours, provide
notice to you of such action. Upon termination, you will
immediately destroy the Materials and all licenses herein
shall immediately terminate. In the case of suspension or
termination of access and/or service, BioHealthRx is not
obliged to refund to You any subscription fees for the
remaining period of subscription after termination. If access
and/or service is suspended, but re-instated later, your
subscription period will be resumed from the point of
re-installation until the subscription period expires, after
which normal subscription and charging process will apply. If
access is suspended and then terminated, termination rules as
described above will apply. You agree that termination of your
access to the Service will result in BioHealthRx to
immediately deactivate or delete your account and all related
information and files in your account and/or bar any further
access to such files or the Service. Further, you agree
that BioHealthRx shall not be liable to you or any
third-party for any suspension or termination of your access
to the Service.
CANCELLATION OF SERVICE
You have the option to cancel your subscription to the
Service (or any part thereof) at any time. When you cancel you
will receive an email confirmation of the same within 24 to 72
hours. Your cancellation will be effective after the end of
your active subscription period. Upon cancellation, you will
immediately destroy the Materials and all licenses herein
related to the Service (or applicable part thereof) shall
immediately terminate. You agree that BioHealthRx will
not refund any fees already paid towards the subscription of
the Service (or any part thereof), but if you choose to cancel
your subscription, you will not be charged any future
recurring payments for the subscription, following the end of
your active subscription period. You agree that any
cancellation of your access to the Service will result
in BioHealthRx immediately deactivating your access to
the Service (or applicable part thereof) and terminating all
related information and files in your account and/or bar any
further access to such files or the Service (or applicable
part thereof). Further, you agree that BioHealthRx shall
not be liable to you or any third-party for any cancellation
of your access to the Service (or applicable part
thereof).
DELETING MEMBERSHIP
You can remove yourself as a member of BioHealthRx at
any time. When you contact us to delete your membership, you
will receive an email confirmation of the same within 24 to 48
hours. You understand that your request for deleting
membership will be treated with the same rules that apply to
Termination of Service described above.
MODIFICATIONS TO SERVICE
BioHealthRx reserves the right at any time and from
time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without
notice, and without liability. You agree that BioHealthRx
shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service.
Treatment of Suspension of service is described above in
section ‘Termination of Service'. Treatment of Discontinuance
of Service is the same as that described above for
Cancellation of Service above.
INDEMNIFICATION
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND
AND HOLD BioHealthRx (AND ITS DESIGNEES, AGENTS,
OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST
ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF
OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR
ALLEGATION BROUGHT AGAINST BioHealthRx BASED UPON OR
RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN
YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE
TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE
AND SALE OF ANY GOODS/SERVICES, (B) A BREACH BY YOU OF THE
TERMS AND CONDITIONS OF THIS AGREEMENT, (C) ANY ACTION OF YOU
OR A VENDOR OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES
ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, OR (D) CONTENT
YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE
SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE
SERVICE, YOUR VIOLATION OF THE AGREEMENT, OR YOUR VIOLATION OF
ANY RIGHTS OF ANOTHER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
· WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITES
AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR
SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE
OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS
APPLICABILITY TO YOU.
· WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT
OUR SITES OR SERVICES (I) WILL MEET YOUR REQUIREMENTS, (II)
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND/OR
(III) WILL PROVIDE RESULTS THAT WILL BE ACCURATE OR
RELIABLE.
· WE FURTHER DISCLAIM ANY REPRESENTATION OR WARRANTY THAT
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR
SERVICE WILL MEET YOUR EXPECTATIONS, AND/OR (II) THAT ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
· WITHOUT LIMITING THE FOREGOING, YOU SHOULD BE AWARE THAT
ANYMATERIALS OBTAINED BY YOU THROUGH THE SITE OR SERVICE MAY
CONTAIN ERRORS, OMISSIONS, INACCURACIES, OR OUTDATED
INFORMATION. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE
ACCURACY, COMPLETENESS, ADEQUACY, CURRENCY, VALIDITY, OR
RELIABILITY OF ANY MATERIALS, AND TIMELINESS OF ANY CONTENT OR
INFORMATION FOUND ON OUR SITES. BioHealthRx MAKES NO
COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.
· ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM BioHealthRx OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY
STATED IN THE AGREEMENT.
LIMITATION OF LIABILITY
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU
UNDERSTAND AND AGREEE THAT:
•BioHealthRx SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF
INFORMATION (EVEN IF BioHealthRx HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), ARRISING OUT OF OR RESULTING
FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE,
MATERIALS OR THE SITE; (II) THE COST OF PROCUREMENT OF GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN
NO EVENT WILL BioHealthRx NOR ANY OF ITS OFFICERS, DIRECTORS,
EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS
OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT
REGARDLESS OF THE FORM OF CLAIM OR ACTION.
• BioHealthRx SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A)
ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO,
USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY
CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO FROM OUR SITES OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE,
OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITES OR
CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II)
ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THESE SITES, OR (III) ANY PERFORMANCE OR NON
PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
• THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IF,
DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS
OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN
OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF
US$250.00. SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
RELEASE
BioHealthRx IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT
BETWEEN OTHER USERS (REGISTERED OR OTHERWISE) AND YOU. AS A
RESULT, BioHealthRx HAS NO CONTROL OVER THE ACCURACY,
QUALITY, SAFETY OR LEGALITY OF REPRESENTATIONS MADE BY USERS
(REGISTERED OR OTHERWISE). YOU ARE WHOLLY RESPONSIBLE FOR ALL
ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE
SITE. BioHealthRx CANNOT AND DOES NOT CONTROL WHETHER OR
NOT OTHER USERS WILL COMPLETE THEIR OBLIGATIONS. FURTHER, IT
IS NOT COMMERCIALLY REASONABLE FOR BioHealthRx TO
AUTHENTICATE THE USERS AND REGISTERED USERS,
AND BioHealthRx CANNOT AND DOES NOT CONFIRM THAT EACH
USER OR REGISTERED USER IS WHO IT CLAIMS TO
BE. BioHealthRx ENCOURAGES YOU TO DEVELOP SAFE BUSINESS
PRACTICES WHEN USING THE INTERNET. BioHealthRx ALSO ENCOURAGES
YOU TO COMMUNICATE DIRECTLY WITH OTHER USERS AND OTHER
REGISTERED USERS FROM THE WEB SITE TO HELP YOU EVALUATE WITH
WHOM YOU ARE DEALING. YOU AGREE TO RELEASE BioHealthRx
(AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES)
FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE
(INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN,
SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH THE
USERS (REGISTERED OR OTHERWISE), OR ANY ACTIONS OR OMISSIONS
OF A USER (REGISTERED OR OTHERWISE). IN NO WAY
WILL BioHealthRx BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT
AGAINST YOU BY SUCH USERS (REGISTERED OR OTHERWISE).
Nothing on the Site shall be considered an endorsement,
representation or warranty with respect to any User or third
party, whether in regards to its Web site, products, services,
hiring, experience, employment or recruiting practices, or
otherwise. BioHealthRx is not an employment agency or a
recruiting firm, and makes no representations or guarantees
regarding the effectiveness or timeliness of the Site in
meeting the employment objectives of Users. BioHealthRx
does not guarantee that Documents posted by Users will result
in candidates being hired or positions being filled, and is
not responsible for any employment decisions, for whatever
reason made, made by any User. BioHealthRx assumes no
responsibility for Documents posted by Users and no
responsibility for the activities, omissions or other conduct
of Users.
GENERAL
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA WITHOUT
REGARD TO ITS RULES GOVERNING CONFLICTS OF LAW. THE PARTIES
AGREE THAT THE EXCLUSIVE VENUE FOR ALL ACTIONS AND
ARBITRATIONS RELATING IN ANY MANNER TO THIS AGREEMENT SHALL
ONLY BE IN A FEDERAL OR STATE COURT OF COMPETENT JURISDICTION
LOCATED IN INDIANA, U.S.A. If any provision of this Agreement
is for any reason held unenforceable or invalid, then this
Agreement shall be construed as if such provision were not
contained in this Agreement. You agree that regardless of any
statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the Terms
and Conditions of this Agreement must be filed within one (1)
year after the date of such claim or cause of action arose or
be forever barred. The failure of BioHealthRx to exercise
or enforce any right or provision of the Agreement shall not
constitute a waiver of such right or provision. You may not
assign this Agreement or any of its rights or obligations
without the prior written consent of BioHealthRx, and any such
attempted assignment will be void. Subject to the foregoing,
this Agreement shall inure to the benefit of and be binding
upon the permitted successors, legal representatives and
assigns of the parties hereto. Notwithstanding anything else
set forth herein to the contrary, the relationship between you
and BioHealthRx is an independent contractor relationship
only, and nothing herein shall be construed to create a
partnership, joint venture, franchise, employment, or any
other agency relationship between the parties. If any
provision hereof is declared invalid by a court of competent
jurisdiction, such provisions shall be ineffective only to the
extent of such invalidity, so that the remainder of that
provision and all remaining provisions of this Agreement will
continue in full force and effect. The Materials are provided
with "RESTRICTED RIGHTS."
ENTIRE AGREEMENT
You agree that this Agreement (and, if you are a user who
has registered on this Site ("Registered Users"), any
provisions included in the registration process) is the
complete and exclusive statement of the agreement
between BioHealthRx and you, which supercedes any
proposal or prior agreement, oral or written, and any other
communications between you and BioHealthRx relating to
the subject matter of this Agreement.
|
