Terms of Use

Last modified: November, 2018

These Terms of Use (or “Terms”) are entered into between you and RxFunction, Inc., including any current and/or future affiliate entitles (collectively, “RxFunction,” “we,” “us,” or similar terms) and constitute a legally binding agreement between you and RxFunction. “You,” “your,” and similar terms refer to you, the individual visiting this website, any person or entity on whose behalf you are using or visiting this website, as well as any person or entity that has rights through you. “Website,” “site” or similar terms means this website, with a home page located at www.RxFunction.com, and all subordinate pages.

Not Medical Advice; Call 911 in an Emergency

IF YOU THINK YOU ARE EXPERIENCING A MEDICAL EMERGENCY YOU SHOULD CALL 911 IMMEDIATELY OR SEEK OTHER APPROPRIATE MEDICAL ASSISTANCE.

The information on this website is for your general educational information only and may not be appropriate or applicable for your individual circumstances. You should seek medical advice from a qualified health care professional for any questions. This website does not provide medical, professional, or licensed advice and is not a substitute for consultation with a health care professional. Do not use this website for medical diagnosis or treatment. None of the content on this website represents or warrants that any particular device, procedure, or treatment is safe, appropriate or effective for you.

Your Agreement to these Terms of Use

By using or visiting the website, you agree to these Terms of Use as well as to the terms of our Privacy Policy, including all updates and revisions to either document. You represent and warrant that you are at least 18 years of age.

Changes to Website and Terms

We reserve the right to (i) update and modify these Terms of Use at any time, (ii) eliminate, modify or terminate the website in whole or in part, including any content on or features of the website, as well as any program or trial described on this website, and (iii) terminate your right to use this website or any of its services at any time, for any reason or no reason. Your access or use of this website following any changes to the website constitutes your agreement to follow and be bound by the terms and conditions as changed. Therefore, you should review these Terms of Use and our Privacy Policy every time you visit or use this website. If you violate these Terms of Use, your authorization to use our website and all licenses granted terminates automatically and you may be liable for additional damages.

Intellectual Property Ownership

Subject to your compliance with these Terms of Use, RxFunction grants you a nonexclusive, personal, nontransferable, revocable, and limited license to view the content of this website. The materials on this website, including all website design, text, graphics, information, trademarks, service marks, trade names, photographs, testimonials, videos, content or other materials displayed on or that can be downloaded from this website, belong to us or a third party licensor to us and are protected by the United States and international copyright and other intellectual property laws. You may e-mail, download, or print a reasonable number of copies of the materials on this website for your personal, noncommercial use. When you e-mail, download, or print a copy of the materials on this website, you must also include all copyright, trademark, and other proprietary notices that are in the materials. You may not post material from this website on any other site without our prior written permission. You may not publish or broadcast material from this website without out prior written permission. You may not modify the information or materials located on this website in any way. You may not reproduce or publicly display, perform, or distribute or otherwise use any materials or information on this website for any public or commercial purpose.  You may not remove, obscure, or otherwise deface proprietary notices appearing on any content, including copyright, trademark, or other intellectual property notices. All rights, title and interest in and to the website, including all content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein will remain with RxFunction and our licensors and vendors, and no ownership interest is transferred to you or any other entity by virtue of making the content available on the website or granting the foregoing licenses.

Trademarks, trade names, service marks, and logos used or displayed on this website are registered and unregistered trademarks, trade names, and service marks of RxFunction or a third party. Nothing in these Terms of Use grants or should be construed to grant, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without the written permission of RxFunction or such third-party owner.

Restrictions on Website Use

You agree to not use this website in any way not permitted by these Terms of Use. You agree (i) you will not attempt to access any part of the website to which access has not been explicitly granted to you; (ii) you will not take any actions that may interfere with operation of this website or the use of this website by other users; (iii) you will not violate or directly or indirectly enable another individual or entity to violate these Terms of Use; (iv) you will not violate any applicable laws and regulations; and (v) you will not attempt to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the website.

Links to Other Websites

This website may contain links to websites that are not operated by us. These links are provided for your convenience and do not imply any endorsement of the material on these third-party websites. Since we do not control these websites, we are not responsible for their content. These third-party websites may contain information about uses of devices, products or therapies that have not been approved or cleared by the Food and Drug Administration. We do not endorse any such “off-label” uses. These third-party websites may contain information that is inaccurate, incomplete, or outdated. You access and use these websites solely at your own risk. You should read the privacy policy and terms of use of any such site you visit.

No Endorsement of Health Care Providers

This website may, now or in the future, provide a “Find a Physician” feature or similar tool to help you locate a doctor, health care facility, or other provider (collectively “Health Care Provider”). Such features and tools are provided without cost to you and as a convenience only. RxFunction does not recommend or endorse any particular Health Care Provider listed within such a feature or elsewhere on this website. Further, contact or other information regarding a Health Care Provider may be incomplete, inaccurate, or out of date. The Health Care Providers that may be listed through the use of this feature on our website are not the agents, employees, or partners of RxFunction or any of RxFunction’s affiliates or subsidiaries. RxFunction does not control the clinical treatment provided by any such Health Care Provider, and RxFunction is not responsible or liable for any relationship between you and any Health Care Provider. You should conduct your own research before selecting a Health Care Provider. Although this website may include comments or endorsements from Health Care Providers regarding our products, we also do not endorse Health Care Providers providing an endorsement, comment or other content. In no event will RxFunction be liable to you for any direct, indirect, special, or other consequential damages arising out of the use or inability to use any Find a Physician feature on our website, including, without limitation, any losses, damages, liabilities, or claims that may result from receiving care from a Health Care Provider whose name or other information appears on this website.

Your Comments, Postings, and Ideas

This website may provide opportunities for you to post or submit your feedback, comments, ideas, or similar items. Any comments, ideas, or information that you submit through this website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Policy or any Notice of Privacy Practices). You are solely responsible for the content you transmit or post, and we assume no responsibility or liability for any content submitted by you or any other visitor of our website. You agree your postings will only reflect your own experience, truthfully as you understand it. You agree you will not impersonate any person or use a false identity (the name of some other living person) although you may use a first-name only, nick-name, or pseudonym as long as you clearly identify as such.

If you transmit any ideas, information, concepts, know-how or techniques or materials to us through this website, you hereby grant us a perpetual, unrestricted, sublicensable, assignable, worldwide, royalty-free, irrevocable license to sue, reproduce, display, perform, modify, transmit, create derivative or collective works, and distribute them in any medium, in whole or in part, including all intellectual property rights therein, and agree that we are free to use them for any purpose.

Security

We understand that you may provide to RxFunction, through this website, some information about yourself that you consider confidential. Please read our Privacy Policy for more information about information security.

While we take reasonable measures to protect the confidentiality of your information, we cannot give absolute assurance that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server and view your information, or view such information in-transit over the Internet and/or through email or other methods. By submitting information to RxFunction, you agree that you are aware of these risks. If you do not wish to submit your information electronically, do not do so; however, in such case you may not be able to make use of the full functionality of this website. You agree that RxFunction is not responsible or liable for any consequence of illegal acts by third parties, including but not limited to hacking or similar crimes.

Communicating with You

You agree that we may communicate with you through any and all contact information and methods you provide to us, including but not limited to text message, email, telephone, social media account, fax, and/or postal mail.

DISCLAIMER OF WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL ACCESS TO THIS WEBSITE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. RxFUNCTION DOES NOT ASSUME ANY RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATIONS EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR DOWNLOADING ANY OF ITS CONTENT. BY VISITING THIS SITE, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS RxFUNCTION, OUR VENDORS AND ADVERTISERS, AND ALL OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RxFUNCTION PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENT, ARISING OUT OF OR RELATED TO YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THIS WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION OR PROBLEMS WITH THIS WEBSITE OR ANY OF ITS CONTENT IS TO STOP USING THE WEBSITE.

TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THIS WEBSITE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. USERS ARE RESPONSIBLE FOR PROTECTING THEMSELVES BY INSTALLING, UPDATING AND RUNNING ANTI-VIRUS PROGRAMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEBSITE OR ANY INFORMATION PUBLISHED ON THIS WEBSITE.

WE DO NOT REPRESENT OR WARRANT THAT A PERSON WHO SUBMITS A REQUEST TO PARTICIPATE IN A PRODUCT TRIAL WILL BE INCLUDED IN SUCH TRIAL.  FOR ITEMS APPEARING ON THIS WEBSITE THAT HAVE NOT YET BEEN COMMERCIALLY RELEASED, WE DO NOT REPRESENT OR WARRANT THAT SUCH ITEMS WILL BE MADE AVAILABLE AT ANY PARTICULAR TIME, OR THAT THEY WILL BE APPROVED BY ANY PARTICULAR GOVERNMENT ENTITIES.

BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU, YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, WILL THIS WEBSITE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL , SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, ARISING UNDER THE THEORY OF LAW, STATUTE, REGULATION, OR RULE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, ACCESS, REVENUE OR PROFITS, OR PERSONAL INJURY/WRONGFUL DEATH. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASES AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF THIS WEBSITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RxFUNCTION. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

SOME STATES DO NOW ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THIS WEBSITE AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS.

Governing Law and Statute of Limitations

This website is operated from within the United States (U.S.) and is intended for a U.S. audience. Any claims relating to, and the use of, this website are governed by the laws of the State of Minnesota. For any claim or action that may be submitted to any court, by using this website, you consent to personal jurisdiction in the federal and state courts of Minnesota, which will have exclusive jurisdiction for any action arising out of or relating to this website or your use of this website. We do not make any representations or warranties that any content or services on this website is appropriate or available outside the U.S. If you access or use this website outside U.S., you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access of use this website.

Before seeking any legal remedy for any harm you believe you have suffered arising from or related to your use of this website, you agree to inform us in writing and give us 30 days to cure the harm before initiating any action. You must indicate any cause of action within six (6) months after the claim has arisen, or you will be barred from pursuing any cause of action.

No Class Actions

You agree to bring any claim or cause of action arising under or related to these Terms of Use, the website, or any dispute with RxFunction in your individual capacity, and not as a member or representative of any class or collective action.

Website Accessibility

We are committed to providing meaningful access to the information and content on this website to individuals regardless of ability or disability. If you are having difficulty using the functionalities of this website please contact our customer service telephone number at 612.800.9950, or email us at info@rxfunction.com.

General

You may not assign any rights or obligations under these Terms of Use without RxFunction’s prior written consent. RxFunction may assign part or all of these Terms of Use. All sections of these Terms of Use which by their nature are designed to survive expiration or termination of these Terms of Use will survive. No waiver of any of these Terms of Use will be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and RxFunction, superseding any other agreement between you and RxFunction with respect to such subject matter. If any provisions of these Terms of Use are found to be unenforceable, such provision shall be deemed modified to the minimal extent necessary to render it enforceable and if that is not possible such provision shall be deemed severed, and the other provisions will still remain in full force and effect.

Contact Information & Notices

We may deliver notices to you by electronic mail, social media account or similar platform, a general notice on this website, or by written communication delivered by First Class U.S. Mail to your address on record with us. You may deliver notice to RxFunction by using the Contact Us information.

RxFunction, Inc.
7576 Market Place Drive
Eden Prairie, MN 55344-3636
Tele. 612.800.9950
info@rxfunction.com