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iA Terms of Use

Effective Date: December 14, 2020.

 

Welcome to the website iARx.com (the “Site”). The Site is operated and owned by Innovation (“we”, “us” or “Innovation”). By accessing or using the Site or by registering individually or on behalf of your organization as a member of the Site you (you are referred to hereafter as “User”, “you” or “your”) signify that you have read, understand and agree to be bound by these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and we will indicate at the top of this page the date upon which the most recent version of these terms became effective. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

If you do not agree to abide by these or any future Terms of Use or the Privacy Policy, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

Please read these Terms of Use carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.

 

Proprietary Rights in Site

All content on the Site, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Site Content”) is the property of Innovation or its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Innovation’s prior written permission.

You are granted a limited license to access and use the Site and the Site Content in accordance with these Terms of Use for your personal, non-commercial use.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.

You shall not upload or republish Site Content on any Internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license from Innovation to enable your use of the Site does not permit your use of any data mining, robots, scraping or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights.

 

Other Prohibited Acts

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

Wireless Features

The Site or a mobile application associated with the Site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Site’s or an application associated with the Site’s features, and the ability to upload content to the Site or associated applications, receive messages from the Site or any associated application, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.

You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Site or via an associated application for Wireless Features, then you agree to notify Innovation of any changes to your wireless contact information (including phone number) and update your accounts for the Site to reflect the changes.

 

User Conduct and Your Data

You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) of Innovation without Innovation’s express written consent in advance.

You may not use any robot, spider, scraper, automated scripts or other automated means to access the Site or content or services provided on the Site for any purposes. You may be able to use the Site and its features to submit information and other materials (“Your Data”). By using these features, you agree that you may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site unavailable through denial-of-service attacks or similar means or use the Site in a manner that could damage, disable, or impair the Site. You shall not interfere with another’s use and enjoyment of the Site.

Innovation may disable your access to the Site at any time, for any or no reason, and without notice to you. Innovation may also delete all Your Data at any time and without notice for any reason. Innovation assumes no liability for removing Your Data and/or disabling or your access to the Site.

By collecting, displaying, publishing, or otherwise submitting Your Data through or on the Site, you hereby grant Innovation a non-exclusive, sub-licensable, fully-paid, royalty free license to use, modify, publicly display, reproduce, and distribute Your Data in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party of the need to seek any third party permission. This license includes the right to host, index, cache, and distribute Your Data. You represent and warrant that you own the data submitted, displayed, or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the submission, display, publishing or posting of Your Data, and our use thereof, does not and will not violate the privacy rights or intellectual property right or other rights of any person or entity.

 

Privacy

You agree that you have read, understood and accept the terms of Innovation’s Privacy Policy. This policy governs the collection, use and sharing of personal and non-personal information from you when using the Site.

 

Your Linking to Site

You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Innovation or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by Innovation. You may not use any logo or other proprietary graphic or trademark of Innovation to link to any page of this Site without the express written permission of Innovation. This limited right may be revoked at any time.

 

Links to Other Websites

Innovation may contain links to other websites that are not under the control of Innovation. These links are provided for your convenience only. The inclusion of any link does not imply endorsement by Innovation of such site and Innovation is not responsible for the content of such linked sites. If you decide to leave the Site and access a third-party website, you do so at your own risk.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INNOVATION NOR ANY PERSON ASSOCIATED WITH INNOVATION MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER INNOVATION NOR ANYONE ASSOCIATED WITH INNOVATION REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, INNOVATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INNOVATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH
YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

You agree to indemnify and hold harmless Innovation, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from your use of this Site or your violation of these Terms of Use or from the use of Your Data that you submitted, posted, or other provided to Innovation.

 

Comments and Suggestions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the service provided on the Site (“Comments”) provided by you to Innovation are non-confidential and that Innovation shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of New York and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site, shall be litigated exclusively in the state and federal courts residing in the State of New York, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of New York. You further agree that to the extent permitted by law, any and all disputes, claims, or causes of action arising out of your use or accessibility of the Site and/or these Terms of Use, will be resolved individually and not by way of class action.

 

Miscellaneous Terms

INNOVATION™, the Innovation Logo, PHARMASSIST SYMPHONY™, PHARMASSIST SMARTSCALE™, PHARMASSIST ROBOTX™, PHARMASSIST SMARTCABINET™ and
PHARMASSIST LIGHT-WAY™ are trademarks of Innovation. You agree not to display or use these trademarks in any manner without Innovation’s prior, written permission.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Innovation regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Innovation may assign this agreement at any time. You may not assign or transfer this agreement.

If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

The failure of Innovation to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any instance.

 

Effective Date

These Terms of Use were last revised on December 14, 2020. This date constitutes the Effective Date of these Terms of Use.