Privacy Policy

Terms of Use

Last updated: March 27, 2015

Welcome! Please take a moment to scroll down and read these Terms of Use.

Rising Pharmaceuticals, Inc. (“Rising,” “we,” “us,” or “our”) owns and operates the website located at www.risingpharma.com (the “Site”). Please read these Terms of Use carefully. These Terms of Use state the terms and conditions under which you may use the services available through the Site (the “Services”). By accessing the Site and/or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and you represent and warrant that you are at least 18 years old or older. If you do not agree with these Terms of Use, then please do not use the Services. These Terms of Use may be updated by us from time to time without notice to you.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE. The Site, the Services and the Rising Content are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something made available to you on the Site, the Services or the Rising Content. If you think you may have a medical emergency, call your doctor or 911 immediately. Rising does not recommend or endorse any products, procedures, opinions, or other information that may be mentioned on the Site, the Services and the Rising Content. Reliance on the Site, the Services, and the Rising Content is solely at your own risk.

THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Product Descriptions.

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.

Customer Resources.

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.

Your use of the Site may involve the transmission to us of certain personally-identifiable information (the “Personal Information”). Our policies with respect to the collection and use of Personal Information are governed according to our Privacy Policy (located at Privacy Policy, which is hereby incorporated by reference in its entirety.

Intellectual Property.

We retain all right, title and interest in and to the Site, the Services and all software and other technology relating to the Site and the Services. As between us and you, we retain all right, title and interest in and to all content available through the Site (the “Rising Content”). The Rising Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Rising is the owner or licensee of certain trademarks, service marks and logos (registered and unregistered) (the “Rising Trademarks”). The Rising Content and Rising Trademarks are collectively referred to herein as the “Rising Intellectual Property.” Other product and brand names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Rising. Except as expressly permitted in these Terms of Use, you have no rights in or to the Site, the Services or the Rising Intellectual Property.

Community Guidelines.

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.
  • You will not “stalk” or otherwise harass another user of the Site;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means.

Unsolicited Information.

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.

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RISING DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. RISING SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES.

IN NO EVENT SHALL RISING BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, EVEN IF RISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL RISING’S LIABILITY FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED, ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS RISING’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THIS SITE, THE SERVICES, OR THE CONTENT IS TO STOP USING THIS SAME.

External Sites.

This Site and the Services may contain links to third-party websites (“External Sites”), but Rising does not endorse and is not responsible for the content of any linked External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification.

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Terms of Use; (ii) your access to, use, or misuse of the Site, and/or the Services; and (iii) your violation of any intellectual property or other right of any third party.

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.

Termination.

We may terminate these Terms of Use and your access to all or any part of the Site and/or the Services at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.

Copyright Complaints.

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 dmcclure@risingpharma.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous.

In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. This section, the section entitled Indemnification, and the section entitled Disclaimer, Limitation of Liability and Intellectual Property shall survive the termination of these Terms of Use. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey. In the event of a dispute arising under or relating to these Terms of Use (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Allendale, New Jersey may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Allendale, New Jersey. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, Rising may litigate in court to seek injunctive relief.

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 REPRESENTATIVE PROCEEDING.

These Terms of Use contain the entire agreement of the parties concerning the subject matter hereof and supersede all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.

Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using our email address webmaster@risingpharma.com.