Last updated: March 27, 2015
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THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Through our Site, you can access information about a broad range of generic and branded prescription and over the counter pharmaceutical products (“Products”). All Products are supplied by our third party suppliers, and are not manufactured by Rising. We attempt to be as accurate as possible with Products descriptions and prices. However, we do not warrant that Product descriptions or prices are accurate.
The Site contains materials, including but not limited to, certain healthcare information, webinars, health news, data, research, analysis and opinions that are provided by third party information providers (collectively, the “Customer Resources”). Rising does not endorse, or edit any opinion or analysis expressed in any Customer Resources and shall not be liable for any Customer Resources. Rising does not guarantee the availability, accuracy, completeness, quality, reliability, or suitability of any Customer Resources
Use of Personal Data.
By accessing the Site and/or using the Services, you hereby agree that:
- You will not use the Services for any unlawful purpose;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
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By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the Site, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer and Limitation of Liability.
ALL PRODUCTS AND CUSTOMER RESOURCES ARE SUPPLIED BY THIRD PARTIES. NONE OF RISING, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “RISING PARTIES”) ENDORSE OR RECOMMEND ANY PRODUCTS, OR CUSTOMER RESOURCES. NONE OF THE RISING PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY PRODUCTS, ANY CUSTOMER RESOURCES, OR FOR ANY RESULTS CAUSED BY USING THE SITE, THE SERVICES OR ANY CUSTOMER RESOURCES, INCLUDING WITHOUT LIMITATION, ANY DEATH, BODILY INJURY OR HEALTH PROBLEMS YOU MAY SUFFER. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
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Compliance with Applicable Laws.
The Site and the Services are based in the United States, and are intended to be used only by residents of the United States that are age 18 years or older. We make no claims concerning whether the Site, the Services, the Rising Intellectual Property, or the Customer Resources may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, the Rising Intellectual Property, or the Customer Resources from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
If you believe this Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
To contact our Copyright Agent by regular mail, please write to:
David McClure Vice President, Operations Rising Pharmaceuticals, Inc. 3 Pearl Court Allendale, NJ 07401
To contact our Copyright Agent by email, please write to firstname.lastname@example.org, with COPYRIGHT NOTICE in the subject line.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address email@example.com.