Health-Scripts strives to ensure that the information contained on the Website, mobile app, mobile text program, or online services is accurate and reliable. Health-Scripts makes no representations about the reliability of the features of the Services, the Health-Scripts Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Health-Scripts is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Health-Scripts, and Health-Scripts does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Health-Scripts prior to posting and Health-Scripts makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Health-Scripts makes no representations regarding the amount of time that any Health-Scripts Content or Submitted Content will be preserved.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Health-Scripts hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Health-Scripts disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall Health-Scripts or any of Health-Scripts’ providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Health-Scripts has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
You agree to indemnify, defend, and hold harmless Health-Scripts, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.
COMMUNICATING WITH HEALTH-SCRIPTS
The Services contain many valuable trademarks owned and used by Health-Scripts. These trademarks are used to distinguish Health-Scripts’ quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Health-Scripts (“Health-Scripts Content”). Health-Scripts Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Health-Scripts.
Certain areas of the Services be enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Health-Scripts, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Health-Scripts and Health-Scripts is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
Health-Scripts hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Health-Scripts’ prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you may have to create an account or update provide personal information. You may never use another information without permission. When creating your information (e.g. Opting-in, RSVP to invitation) you must provide accurate and complete information. You are solely responsible for your submissions, and you must ensure your submissions are accurate.
The Services may link to sites not maintained by or related to Health-Scripts. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Health-Scripts. Health-Scripts has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Health-Scripts makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Health-Scripts does not implicitly endorse third-party sites hyperlinked to or from this Website.
TEXT MESSAGING NOTICE
If you choose to participate in any Health-Scripts communications that may involve the use of text messaging (either sending or receiving), Health-Scripts will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
MOBILE TERMS & CONDITIONS
You must be 21 years of age or older to participate in the Health-Scripts mobile text program.
By participating in the Health-Scripts mobile text program and signing up for mobile offers and text updates, you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of Health-Scripts. You also acknowledge that your agreement to receive these messages isn’t required as a condition of purchase.
Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Health-Scripts does not charge you for sending or receiving text message.
If you would like to be removed from the Health-Scripts mobile text program, you must text STOP to opt-out. This is the exclusive method for opting out. After texting STOP you will receive one additional message confirming that your request has been processed.
Health-Scripts reserves the right to remove subscribers from our messaging database at our discretion.
In the event that you change or deactivate your mobile number, it is your responsibility to notify Health-Scripts here to have your number removed.
Health-Scripts will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the new, notifications, invitations and other promotional services requested by way of “opting-in” to Health-Scripts mobile text program.These terms and conditions are subject to change at any time without notice.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Health-Scripts may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Health-Scripts determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Health-Scripts. You also agree that monetary damages would be inadequate for such harm and consent to Health-Scripts’ obtaining any injunctive or equitable relief that Health-Scripts deems necessary or appropriate. These remedies are in addition to any other remedies that Health-Scripts may have at law or in equity.
If Health-Scripts takes legal action against you as a result of your violation of these Terms, Health-Scripts will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Health-Scripts. You agree that Health-Scripts will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Health-Scripts in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of North Carolina, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You must send the Demand to the following address (the “Notice Address”): Legal Department, Health-Scripts Network 100 Weston Estates, Cary, NC 27513.
You agree that you will not file a class action or collective action against Health-Scripts, and that you will not participate in a class action or collective action against them.
These Terms constitute the entire agreement between you and Health-Scripts and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Health-Scripts with respect to the Services. Both you and Health-Scripts acknowledge and agree that no partnership is formed and neither you nor Health-Scripts has the power or the authority to obligate or bind the other.
The failure of Health-Scripts to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Health-Scripts to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Health-Scripts shall not be deemed a breach of this agreement. If Health-Scripts fails to act with respect to your breach or anyone else’s breach on any occasion, Health-Scripts is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Health-Scripts, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Health-Scripts regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Health-Scripts regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.