EasyRX Terms of Use

 

This web site is owned and operated by EasyRx, LLC, a Georgia limited liability company, (the "Organization" or "we"). You have been granted access to the web site under a License Agreement. All the terms of that License Agreement apply. In addition, your access to this web site is subject to the following Terms of Use. Your use of this web site indicates your acceptance, without limitation or qualification, of these Terms of Use.

 

Acceptance of the Terms of Use and Privacy Policy

 

You hereby accept the Terms of Use and Privacy Policy governing our web site. The Terms of Use are set forth below. To access the Privacy Policy, click here.

 

Laboratory Work

 

If you are a dental practice, you may utilize the EasyRx system to place orders with any authorized dental laboratory that participates in the EasyRx system (or, if you have a premium account, you may use the EasyRx system for in-house purposes). Any disputes between a dentist and laboratory must be resolved between the dental practice and laboratory, and EasyRx will not be responsible therefor.

 

Patient Data

 

We do not claim any ownership rights in any patient information, data, photographs, x-rays, digital images or other materials you originate and upload, transmit or otherwise make available through the EasyRx system ("User Content"). You continue to retain any ownership rights you have in such User Content. User Content is the sole responsibility of the person from which such User Content originated and you are entirely responsible for all User Content that you upload, transmit or otherwise make available through the EasyRx system. To the extent that we provide you with an opportunity to post, store and exchange User Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us, our contractors, and the users of the EasyRx system to which such User Content is transmitted an irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, display, distribute, and make derivative works from, such content as necessary to perform EasyRx system services or as required by law. This license does not grant us or any other users of the EasyRx system the right to sell User Content or otherwise distribute it outside of the EasyRx system; provided, however that we have the right to sell or distribute non-identifying aggregated information or data derived from the User Content.

You are responsible for ensuring the privacy of your own User Content. We will use industry standard security measures to protect the loss, misuse and alteration of the User Content you provide. Although we make good faith efforts to store the User Content provided by users in a secure operating environment that is not available to the public, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of its systems, we cannot guarantee that its security measures will prevent third-party "hackers" from illegally accessing the User Content or your personal information.

 

Copyright Notice

 

Except as set forth above and except for materials prepared by other persons or organizations or taken from public sources, all text, artwork, graphics and other works of authorship created by or for the Organization and made part of this web site, together with the selection, arrangement and presentation of such materials, are protected copyrights of the Organization. Our copyright notice is set forth here: (c) EASYRX LLC. All rights reserved.

 

You acknowledge and agree that the EasyRx system itself, including the specific design, structure, components and aspects thereof, constitutes valuable trade secrets and proprietary copyrighted material of EasyRx. EasyRx owns all rights, title and interest to all intellectual property rights contained in the EasyRx system and in all technology, information, trade secrets, patent rights, copyrights, know-how and documentation associated with the system except for User Content. The license granted to you is limited by these Terms and does not convey any other rights in EasyRx's system, express or implied, nor does it grant any ownership in EasyRx services. All rights not expressly granted herein are reserved by EasyRx.

 

You agree not to remove any copyright or proprietary legends in the EasyRx system, and to implement reasonable security measures to protect EasyRx's proprietary rights from unauthorized use or disclosure. Certain marks, words and logos displayed on the system, which may or may not be designated with a "TM" "©" or other similar designation, constitute trademarks, trade names or service marks belonging to EasyRx or its licensors. You are not authorized to use any of these marks. Ownership of such marks and the goodwill associated therewith remains with us or our respective licensors.

 

Trademarks

 

The EasyRx® trademark is a registered trademark of the Organization. Other trademarks and service marks referenced at this web site may be the trademarks of their respective owners. You may not use, copy or alter any trademarks of the Organization without our prior written consent.

 

Use of materials at this web site

 

You may access, print or download information from this site solely in furtherance of your proper, authorized use of the system pursuant to a License Agreement with us. You will preserve all copyright and other proprietary notices on such copies. You may not otherwise access, use, copy, distribute, upload, modify, reuse, or report such information without the express written permission of the Organization. You agree not to use or launch any automated system including without limitation "robots" or "spiders" that scrape data from the site.

You may not post or transmit any messages, or otherwise engage in any activity related to this web site, in any manner that is unlawful or that violates the rights of the Organization or any third party. This web site is served and maintained in the State of New York, USA. You agree not to download or otherwise export any items in violation of United States export controls.

 

Passwords

 

Any password you receive from the Organization to access this web site shall remain the property of the Organization. Any password you create for use of this web site can be accessed and used by the Organization in order to confirm and secure proper usage of this site.

 

The Organization has the right, but not the obligation, to monitor all communications to and from this web site. The Organization reserves the right to revoke passwords or deny access to the web site at any time.


You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password. You agree to immediately notify the Organization of any unauthorized access to or use of your password.

 

Materials that you transmit

 

You, and not the Organization, are solely responsible for all materials that you upload, post, email or otherwise transmit (collectively, "Transmit") via any portion of this web site. You agree not to use the web site to: Transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, vulgar, or invasive of another's privacy; impersonate any person or entity, or misrepresent your affiliation with any person or entity; Transmit any materials that you do not have a legal right to make available or that infringe any patent, trademark trade secret, copyright or other proprietary right of any party; Transmit any junk mail, spam, chain letters, pyramid schemes or materials that contain viruses or other harmful components; or harvest or otherwise collection information about others.

 

You hereby agree to indemnify and hold harmless the Organization, and its directors, officer, employees, agents and affiliates, from and against any and all liability, cost and expense related to any materials you Transmit or your violation of these Terms of Use or the License Agreement.

 

You also agree that the Organization has the right in its sole reasonable discretion to refuse or remove any materials posted that you Transmit or attempt to Transmit.

 

No Professional Advice

 

The materials contained at this web site are offered as information only and not as dental, medical, or other professional advice. Users need to consult their own professional advisors for such advice.

 

Links

 

This site may contain links or other access to third party sites or resources that are not maintained by the Organization. Such links and access to other sites and resources are provided to you as a convenience only. Third party sites and resources are not under the control of the Organization, and the Organization is not responsible for any such site or resource. The inclusion of any link to such sites or resources does not imply that the Organization endorses or accepts any responsibility for the content or the use of those sites or resources. If you use the links to connect to a third party site, you will be subject to the Terms of Use and Privacy Policy of the third party site.

 

DISCLAIMER OF WARRANTY

 

EXCEPT FOR ANY WARRANTY EXPRESSLY PROVIDED UNDER A LICENSE AGREEMENT, THE SERVICES, INFORMATION AND MATERIALS MADE AVAILABLE AT THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ORGANIZATION MAKES NO WARRANTIES THAT THE MATERIALS ARE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

 

LIMITATION OF LIABILITY

 

THE ORGANIZATION AND ITS AFFILIATES, AND ITS AND THEIR MEMBERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL, IN PROCURING, COMPILING OR DELIVERING INFORMATION, ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION REGARDLESS OF HOW CAUSED, OR DELAYS OR INTERRUPTIONS IN DELIVERY OF THE INFORMATION, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION.

 

EXCLUSION OF DAMAGES

 

IN NO EVENT SHALL THE ORGANIZATION, AND ITS AFFILIATES, AND ITS AND THEIR MEMBERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF OR ACCESS TO THE INFORMATION OR SOFTWARE CONTAINED AT THIS SITE.

 

Choice of Law, Venue, Time to Sue

 

These Terms of Use are governed by and will be interpreted pursuant to the laws of the State of Georgia, USA.By accessing this site, you agree that courts located in the Fulton County or in the counties within said federal judicial district shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Terms of Use and/or your use of this site, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the use of this site or the content or any software application installed by you in connection with the use of this web site must be filed within one year after such claim or cause of action arose or be forever barred.

 

Miscellaneous

 

If any portions of these Terms of Use are held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions. The Organization may revise these Terms of Use at any time without prior notice by updating this posting. The failure of EasyRx, LLC to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Your continued use of this site after such changes are posted will signify your acceptance thereof.