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RxCap Inc.

Terms of Use

These Terms are Legally Binding

Welcome to RxCap Adhere (the "App"), owned and operated by RxCap. These Terms of Use ("Terms") form a legally binding contract between you (" you ," " your" or " User") and RxCap (" we ," " us", "our" or " RxCap"). As part of these Terms, you agree to comply with the most recent version of our Privacy Policy, which is incorporated by reference into these Terms.

These Terms apply to your use of the App, which offers Users a complete and end-to-end solution for medication adherence management (the " App").

Your use of the App constitutes your agreement to all such Terms as well as our Privacy Policy which can be found here: (https://rxcap.com/privacy/). Please read these terms carefully and keep a copy of them for your reference.

Please feel free to contact us at support@RxCap.com for any questions, inquiries or issues.

PLEASE BE AWARE THAT THE APP IS NOT TO BE USED FOR EMERGENCIES AND WE DISCLAIM ALL LIABILITY FOR USE OF THE APP IN CONNECTION WITH EMERGENCIES. IF YOU ARE A PATIENT USER, PLEASE GO TO YOUR NEAREST HOSPITAL IN THE EVENT OF AN EMERGENCY. IF YOU ARE A PROVIDER, DO NOT USE THE APP TO COMMUNICATE WITH YOUR PATIENTS ABOUT EMERGENCY MEDICAL ISSUES.

Disputes

Please note that Section ‎21 (Disputes) contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

TERMS OF USE

1. DEFINITIONS

  • a. " App" refers to the RxCap Adhere mobile application.

  • b. " Content" includes, without limitation, information, data, text, photographs, videos, audio clips, software, scripts, graphics and interactive features generated, provided, or otherwise made available through or in connection with the App (including any content provided to us by providers (such providers, " Content Providers")).

  • c. " User" refers to you as a user of the App, regardless of how you access the App. As a User, you may be (1) a patient (" Patient User") using the App to import or input your own medication regimen or (2) a non-patient healthcare service provider directly involved in the care delivery, care planning and/or care coordination (including but not limited to an employer-sponsored payer, pharmacy, disease management organization, case manager or another individual who is involved in the management or care of the patient, including their employees and agents or a family member or care giver as authorized by the patient user (" Non-Patient User").

  • d. " Personal Information" refers to any patient information collected or available through RxCap. Please see our Privacy Policy for further details here: https://rxcap.com/privacy/

  • e. " Terms" refers to these Terms of Use.

2. PURPOSE

  • a. The App permits the users to do the following:

    • i. For Patient Users, to manage their medication regimens (input or import medication information, set-up and manage appropriate reminders for each medication).

    • ii. For Non-Patient Users, to enable a complete and end-to-end solution for patient adherence management.

3. USER ACCOUNTS

  • a. Registering. Users can sign up for a user account by following the instructions on the App. RxCap reserves the right to reject any new registration or cancel any existing account at any time and for any reason.

  • b. Users may only register for an account for themselves or for a company or group that they have the authority to represent. Users represent and warrant that they have the authority to bind their employer, company, or group to these Terms.

  • c. It is the User's responsibility to choose and maintain a secure password to access the App. Users acknowledge that RxCap is not liable for any breach, loss, or damage from your failure to maintain the security of an account and/or password.

  • d. Third Party Registration. Users can also register to join by logging into their accounts with certain third party social networking sites (" SNS") (including, but not limited to, Google); each such account, a "Third Party Account", via our App.

  • e. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. RxCap makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and RxCap is not responsible for any SNS Content.

  • f. Users are responsible for all activity that occurs on their account. Users must immediately notify RxCap of any unauthorized use of their account, or any other account related security breach of which a User is aware.

  • g. Any breach or violation of any term in the Terms of Use as decided solely by RxCap will result in the immediate termination of the account.

4. WARRANTIES

  • a. User Warranties.

    • i. The App is not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the App or provide information to us. By accessing or using the App, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your state (i.e., a minor), you need to review this Agreement with your parent or guardian before using the App; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the App.

      • (a) You warrant and represent, and can demonstrate to our full satisfaction, that you own or otherwise control all rights to any uploaded Information or Content or have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content uploaded to the App, and have permission to use the name and likeness of each identifiable individual person uploaded to the App.

      • (b) You warrant and represent, and can demonstrate to our full satisfaction, that all information and User Content posted or transmitted through the App is the sole responsibility of the User from which such content originated. RxCap will not be liable for any errors or omissions in any User Content.

  • b. You acknowledge that all Content accessed using the App is at your own risk and may be subject to additional terms and conditions from our Content Providers, and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You understand and agree that the App is provided to you on an "AS IS" and "AS AVAILABLE" basis.

5. PATIENT USER REPRESENTATIONS AND WARRANTIES

  • a. If you are a Patient User, you represent and warrant that:

    • (a) You are acting on behalf of yourself personally and that you will use the App solely for management of your medication schedule according to your health provider's instructions;

    • (b) You will input accurate information about yourself. If you discover any inaccurate information in the App regarding you or your condition, you agree to take all reasonable steps necessary to correct such inaccurate information;

    • (c) You understand how a Non-Patient User may use the App for your care and you have read the representations and warranties for a Non-Patient User in the section below;

    • (d) Clinical treatment and medications prescribed by your healthcare provider and the service coverage under your health plan shall be determined independent of, and without input from, RxCap or any other Content Provider;

    • (e) It is your responsibility to use the App to receive medication reminders, and information about medication available on the App. RxCap is not responsible if you do not use the App consistent with instructions and as directed by a medical professional;

    • (f) The App is designed to help you manage your medical condition, but you are ultimately responsible for your own treatment and care. The Content provided by RxCap or any other Content Provider does not constitute medical advice or a substitute for seeing your provider responsible for your treatment and care of your condition; and

    • (g) If you experience any serious problem or need immediate medical assistance, you shall immediately call your healthcare provider or 911 for emergency help.

6. NON-PATIENT USER REPRESENTATIONS AND WARRANTIES

  • a. If you are a Non-Patient User, you represent and warrant that:

    • (a) You are, or are employed by, a licensed healthcare professional or other organization involved in the management or care of patients; or

    • (b) You are acting on behalf of yourself or your employer to treat patients who are under your care; and

    • (c) You are authorized to accept these Terms, on behalf of yourself and your employer; and

    • (d) You are participating voluntarily to support the provision of care to your patients, and you agree that RxCap is not responsible for any of the following:

      • i. whether or not you log onto or access the App to review any data associated with regard to your patients;

      • ii. obtaining or retrieving patient data from the App;

      • iii. any treatment, treatment decisions, modification to treatment plans or diagnosis, or any other decision within your scope of practice or under an agreement with a patient that you provide, whether or not based on data obtained from the App;

      • iv. your decision to provide medication reminders through the App; and

      • v. your compliance with HIPAA, or any other federal or state law.

7. LICENSE

  • a. Subject to the terms of the Agreement, RxCap grants you a limited, non-transferable, non-assignable, non-sublicensable, non-exclusive, personal, and revocable license (a) to access and use the App as described in these Terms (including any additional terms by Content Providers); and (b) to download onto your App-compatible phone, personal digital assistant, or other handheld wireless communication the App. No license is granted to any third party and you have no right to make available to anyone access to the App. You have no right or license to use the App for the benefit of another, except if you are a Non-Patient User involved in the management or care of a patient, and you are using the App for the benefit of the patient.

8. USER CONTENT

  • a. User Content. You may submit or upload images, videos, text, comments, graphics, or other information or content (collectively, the " User Content") to the App as part of your use of the App.

  • b. Rights and Licenses. When you upload User Content to the App, you grant RxCap and its authorized sub-licensees and distributors, a worldwide, non-exclusive, royalty-free, right and license to reproduce, distribute, digitally transmit, stream, display, create derivate works of, communicate to the public, synchronize, and collectively exploit your User Content and all associated copyrightable works or metadata for the purposes of providing the App. The foregoing license grant does not affect your ownership or license rights in User Content, including the right to grant additional licenses to the User Content. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the App. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant RxCap the license described above. You agree to indemnify RxCap and its affiliates, directors, officers, employees and Content Providers and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the User Content and/or your failure to comply with these the terms described in this document.

  • c. Personal Information. The personal information you submit to RxCap is governed by the RxCap Privacy Policy which you can find at this link: https://rxcap.com/privacy/

  • d. Emergencies. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

  • e. Infringing Material. RxCap reserves the right to review all User Content prior to submission to the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion. RxCap reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

9. PAYMENTS

  • a. We reserve the right at any time to change our fees (including to begin charging for services that we are currently providing free of charge) and billing methods, either immediately upon posting on the App or by email delivery to you.

  • b. If you wish to purchase any product or service made available through the App or from any third party (" Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

  • c. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete.

  • d. RxCap reserves the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or other reasons.

10. CONDITIONS OF USE

  • a. You agree that you shall only use the App for lawful purposes and shall NOT:

    • (a) engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by RxCap in its sole discretion;

    • (b) use the App in any manner inconsistent with this Agreement;

    • (c) act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App or any operating system;

    • (d) infringe our intellectual property rights or those of any third party in relation to your use of the App;

    • (e) transmit any material that is confidential or proprietary;

    • (f) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

    • (g) collect social security or insurance number, financial account number, drivers' license number, health information, or other sensitive information required to be secured under applicable local, state, provincial, national, or other law, rule, or regulation, or for which disclosure is required in case of a data breach without first obtaining our prior written consent; and

    • (h) collect or harvest any information or data from the App or attempt to decipher any transmissions to or from the servers running any App;

    • (i) access the App in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the App;

    • (j) use the App in any manner that may harm minors or that interacts with or targets people under the age of thirteen;

    • (k) impersonate any person or entity, including, but not limited to, an employee of ours, or falsely state or otherwise misrepresent your affiliation with a person, organization or entity;

    • (l) use the App to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense or terrorism;

    • (m) access, search, or create accounts for the App by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

    • (n) send unsolicited communications, promotions or advertisements, or spam;

    • (o) "stalk" or harass any other user of our App or collect or store any personally identifiable information about any other user other than for purposes of transacting as part of the App;

    • (p) send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

    • (q) sublicense, resell, time share or similarly exploit the App;

    • (r) authorize, permit, enable, induce or encourage any third party to do any of the above.

11. ACCESS & USE

  • a. We reserve the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the App.

12. INTELLECTUAL PROPERTY

  • a. You acknowledge that RxCap retains ownership of all its intellectual property incorporated in the App (including all improvements, enhancements, updates and corrections) and any intellectual property generated by RxCap in the process of providing the App.

  • b. You may use software, proprietary systems and intellectual property owned by RxCap, or for which RxCap has appropriate authority to use, such as intellectual property licensed to RxCap by Content providers, and you agree that such intellectual property is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. All rights not expressly granted herein are reserved to RxCap and its licensors.

  • c. You agree and accept that any intellectual property generated by you in connection with the App is owned absolutely by RxCap and vests in RxCap immediately, including any text, images, graphics, source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to the App.

  • d. You further warrant that by using the App you will not:

    • (a) use any intellectual property of RxCap or of any Content provider without express permission;

    • (b) copy any part of the App for your own commercial purposes; or

    • (c) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in any documentation associated with it.

  • e. To the extent that any derivative works cannot be assigned to RxCap, you hereby grant RxCap a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the App developed by or for any user, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.

  • f. To the extent that any derivative works cannot be assigned to RxCap, you hereby grant RxCap a perpetual and irrevocable (irrespective of the expiration or termination of this Agreement), non-exclusive, transferable, worldwide, and royalty-free license to reproduce, distribute, perform, and display any derivative works of the App developed by or for any user, and to use, make, have made, sell, offer to sell, import, export, and otherwise exploit any product based on any such derivative works.

  • g. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.

13. ADVERTISING

  • a. Some of our services may be supported by advertising revenue and may display advertisements and promotions. You agree that we may place such advertising and promotions on the App, or on, about, or in conjunction with your User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.

  • b. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. User Content (including any that may have been created by users employed or contracted by RxCap) or any Content provided by Content Providers does not necessarily reflect the opinion of RxCap.

  • c. You grant us permission to use and send push notifications, emails, alerts, marketing and promotional materials, email campaigns, and other reasonable forms of communications.

14. TERMINATION AND SURVIVAL

  • a. You may end your legal agreement with RxCap at any time by deactivating your account and discontinuing your use of the App.

  • b. All provisions of these Terms that should reasonably be interpreted to survive termination, including without limitation, Liability, User Content, Disputes, Intellectual Property, Indemnity, etc. shall survive termination.

15. USE OUTSIDE THE UNITED STATES

  • a. RxCap makes no representation or warranty that the Content of the App is appropriate, lawful, or available for use in countries other than the United States. If you use the App, you are responsible for compliance with all applicable laws.

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16. DISCLAIMERS OF WARRANTIES & EXCLUSIVE REMEDIES

  • a. IF YOU CHOOSE TO USE THE APP, YOU DO SO AT YOUR SOLE RISK. THE APP AND ANY CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RXCAP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. RXCAP MAKES NO WARRANTY THAT THE APP OR ANY CONTENT, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RXCAP MAKES NO WARRANTY REGARDING THE QUALITY OF THE APP OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE APP. IN THE EVENT OF ANY PROBLEM WITH THE APP, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING RXCAP.

  • b. You acknowledge that data entry, importing and conversion is subject to human and machine errors, omissions, delays, and losses, including inadvertent loss or corruption of data or damage to media, that may give rise to loss or damage. You agree RxCap will not be liable for any such errors, omissions, delays, or losses, unless caused by RxCap's gross negligence or willful misconduct. You are responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use of data; and adopting procedures to identify and correct errors and omissions and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data.

  • c. RxCap expressly disclaims any responsibility or liability for, and you agree RxCap will not be responsible or liable for: (A) Errors in data, data entry or data importing, whether caused by you, your health provider or caregiver, any Content Provider or the hardware, software or communications medium used for data entry; (B) Errors in dating or filing data caused by you or the hardware, software or communications medium used for data entry; (C) Errors in therapeutic conclusions or interventional instructions provided by Non-Patient Users relying on erroneous data or data entry; (D) Malfunction or loss of use of any hardware or software; (E) Loss or degradation of communications between you and RxCap or a RxCap service provider for any reason not within the control of RxCap; (F) Injury to anyone associated with use of any hardware or software used for data; (G) Failure by you to correct erroneous data or to comply with proper instructions; (H) Errors resulting from unauthorized access to the App or any associated data; and (I) Any damage or injury to anyone directly or indirectly resulting from use of or communication with RxCap where the proximate cause of such damage or injury is not within the control of RxCap.

17. LIMITATION OF LIABILITY

  • a. To the extent permitted by law, RxCap's (together with its Content Providers') liability for breach of this agreement or otherwise in connection with the App, including any implied warranty or condition that cannot be excluded, is restricted at RxCap's option to the re-supply of service, or payment of the cost of re-supply of service (if applicable). In no event shall we (and/or our Content providers) be liable to you (or to any third party claiming under or through you) for any indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the App. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses, or personal or bodily injury or emotional distress, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited in accordance herein to the maximum extent permitted by law.

  • b. IN NO EVENT SHALL RXCAP'S (AND ITS CONTENT PROVIDERS') AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID RXCAP, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT RXCAP HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

18. TEMPORARY SERVICE FAILURE

  • a. In the event of any service failure, RxCap may issue you a credit. RxCap is not required to issue refunds or to make payments against such credits under any circumstances, including without limitation termination of this Agreement. Credits issued are your sole and exclusive remedy for any service Failure.

19. INDEMNITY

  • a. You agree to release, indemnify, and hold RxCap and its affiliates, subsidiaries and Content Providers, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the App or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User; or (ii) reliance on any information exchanged via the App; (d) any inaccurate or incomplete data, or any virus, worms, spyware, back door, Trojan horse or other malicious code transmitted by you; or (f) any violation of applicable laws, rules or regulations by You. RxCap shall have the right to control all defense and settlement activities.

20. NOTICES

  • a. The User can direct notices, enquiries, complaints and so forth to RxCap at this address:support@RxCap.com

  • b. A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any legal requirement that such communications be in writing.

21. DISPUTES

  • a. If you're upset with us, let us know, and hopefully we can resolve your issue. But if we can't, then these rules will govern any legal dispute involving our App:

  • b. Governing Law. The Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

  • c. Arbitration. You and RxCap agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find them here or by calling the AAA at 1–800–778–7879). Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. ANY ARBITRATION UNDER THE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS—CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND THAT BY AGREEING TO THE TERMS, YOU AND RXCAP ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in "small claims" court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

  • d. Costs of Arbitration. Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules.

  • e. Venue. RxCap Inc. is based in Delaware, so any legal action against RxCap related to our App must be filed and take place in the State of Delaware. That means the seat of any arbitration shall be in Delaware. For any actions not subject to arbitration, you and RxCap agree to submit to the personal jurisdiction of a state court located in the State of Delaware.

  • f. Government Exception. If you are a government agent or entity in the United States using the App in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Delaware.

  • g. Modifications. If we make any changes to this "Disputes with RxCap" section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against RxCap prior to the date the changes became effective. RxCap will notify you of substantive changes to the "Disputes with RxCap" section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send RxCap a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and RxCap in accordance with the provisions of this "Disputes with RxCap" section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

  • a. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by contacting RxCap at the address provided below and providing the following information:

    • (a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

    • (b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

    • (c) Your name, address, telephone number and (if available) e-mail address.

    • (d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

    • (e) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

    • (f) A signature or the electronic equivalent from the copyright holder or authorized representative.

  • b. Our address for Copyright issues is as follows:contact@rxcap.com

  • c. In an effort to protect the rights of copyright owners, RxCap maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.

23. GENERAL

  • a. Waiver. No failure or delay by either party in exercising any right under the Terms, will constitute a waiver of that right. No waiver under the User Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

  • b. Entire Agreement. The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will prevail.