TERMS OF SERVICE
LAST REVISION: [01/05/2020]
Please read these Terms of Service (“Terms”) carefully before using the www.quirerx.com website, or the online services we provide (this website and those online services, including all underlying technology, together, the “Service”). These Terms govern your access to and use of the Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree that you have read and understand these Terms of Service. If you do not agree to the Terms, then you do not have permission to access or use the Service.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. You should periodically check these Terms of Service for changes.
We may collect certain information about you and from your access to and use of the Service as described in our Privacy Statement, which is incorporated into these Terms and describes our information collection, use, and sharing practices.
Provided you comply with these Terms, Quire Rx grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service solely for your own personal noncommercial purposes. These Terms begin upon your creation of a Service account and will continue in effect until termination in accordance with these Terms.
The Service, including data, software, photographs, graphics, charts, icons, videos, text, images, typefaces, sounds, logos, trademarks, slogans, names of products and services, and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on Services is owned, controlled or licensed by or to Quire Rx and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.
COMPLIANCE WITH LAWS
In connection with your access to and use of the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.
When you use Quire Rx’s Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices within the Quire Rx’s Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you wish to purchase any product or service made available through the Service (“Purchase(s)”), 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, your billing address, and your shipping information. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Refunds, if available, are solely the responsibility of Quire Rx and are at Quire Rx’s sole discretion.
ACCOUNTS, PASSWORDS AND SECURITY
You will be required to set up an account to use certain features of the Service. When you create an account with us, you will be required to submit certain information and will be required to establish a username and password, and you warrant that you are above the age of 18.
You are responsible for maintaining the confidentiality of any information you use in connection with the Service, including your username and password. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You will not transfer your account to or share your account with any other person. Your account is personal to you.
Quire Rx may, for any reason, at any time, and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Service, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or Quire Rx account; if you act in an abusive manner; or if you act in a manner inconsistent with local, state, or federal laws or regulations. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us.
The Service is provided “as is,” “as available,” and without any warranty of any kind. Neither Quire Rx nor its affiliates, subsidiaries, suppliers, or licensors are responsible for providing maintenance or support services for the Service. Quire Rx makes commercially reasonable efforts to ensure that all material, data, and other information on the Service is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Quire Rx does not warrant or guarantee the quality, completeness, timeliness, or availability of the Service. Quire Rx does not warrant or guarantee that the Service will be uninterrupted or error-free, that any defects in the Service will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful conditions or components. Quire Rx is not responsible for any typographical errors on the Service.
To the extent that information collected through the Service is protected health information, as that term is defined under the health insurance portability and accountability act of 1996 and any regulations promulgated thereunder (“HIPAA”), the information is governed by Quire Rx’s Privacy Statement. We will only access, use, or disclose protected health information as permitted by applicable federal and state laws, including HIPAA. For more information on Quire Rx’s HIPPA practices review the HIPAA Policy.
To the maximum extent permitted by applicable law, Quire Rx expressly disclaims all warranties of any kind with respect to the Service, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Quire Rx has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
Your use of the Service is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Service, and any other damage that may be incurred.
No advice or information, oral or written, obtained by you from Quire Rx or in any manner from the Service creates any warranty.
LIMITATIONS OF LIABILITY
In no event will Quire Rx be liable for any indirect, punitive, incidental, exemplary or consequential damages, including for loss of profits, good will, use, data or other intangible losses that result from (I) The use of or inability to use Services, (II) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Services (III) Unauthorized access to or alteration of your transmission or data on Services; (IV) statements or conduct of any third party of services; or (V) any other matter relating to Services, whether in contract, negligence or other tortious action, even if Quire Rx has been advised of or should have known of the possibility of such damages. In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.
If, notwithstanding the other provisions of these Terms of Service, Quire Rx is found to be liable to you, any liability on the part of Quire Rx will not exceed the fees paid by the user for the particular information or service provided. Quire Rx is not liable for the unauthorized use of our Content by any other web sites.
You will indemnify, defend, and hold harmless Quire Rx from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of any material, data, or other information downloaded or otherwise obtained from the Service, your order of products and services through the Service, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
GOVERNING LAW; DISPUTES
These Terms shall be governed and construed in accordance with the laws of Illinois, United States, without regard to its conflict of law provisions.
Quire Rx welcomes your feedback. Any feedback you provide to us regarding the Service will not be considered or treated as confidential. Quire Rx will be free to use such information on an unrestricted basis.
These Terms, including our Privacy Statement, constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by Quire Rx. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Quire Rx will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond Quire Rx's control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, internet failures, and similar causes and events.
If you have any questions about these Terms or the Service, please contact Quire Rx at:
1835 N. 19th Ave.
Melrose Park, IL 60160
Email Address: email@example.com
Telephone: (888) 486-8002