Terms
These MomentimRx Website Terms of Use (the “Terms of Use”) are entered into by and between you (“you” or “your”) and MomentimRx LLC (“MomentimRx,” “we,” “us,” or “our”) and govern your access to and use of the web site located at www.momentimrx.com, including all associated sites linked to www.momentimrx.com by MomentimRx or by its affiliates, and any sites we have now or in the future that reference these Terms of Use, and any data, information, materials, services, software, systems, or products made available through or relating to the foregoing (collectively, this “Site”). This Site is the property of MomentimRx and its licensors.
PLEASE READ CAREFULLY AND ENSURE YOU UNDERSTAND THESE TERMS OF USE AND MOMENTIMRX’S PRIVACY NOTICE BEFORE ACCESSING OR USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND TO OUR PRIVACY NOTICE, WHICH IS MADE A PART OF THESE TERMS OF USE BY THIS REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE THIS SITE.
You understand and agree that through the use of this Site, we may access, store, process and use any information and personal data that you provide in accordance with the terms of our Privacy Notice. If you are an individual accessing or using this Site on behalf of, or for the benefit of any, partnership, or other entity with which you are associated (an “organization”), then you are agreeing to these Terms of Use on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms of Use. References to “you” and “your” in these Terms of Use will refer to both the individual using this Site and to any such organization.
1. Age Restriction
This Site is not for use by anyone under the age of 16, and such use is prohibited. By accessing and using this Site, you affirm that you are of legal age and fully able and competent to enter into and comply with these Terms of Use.
2. Access and Use
You may access and use this Site only for your personal and non-commercial use and for lawful purposes. You agree that you will comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
In addition, you agree that you will not:
- Use any “robot”, “spider”, “deep-link”, “page scrape” or other manual or automatic device to access, copy, retrieve, index, scrape, circumvent, reproduce, or monitor any portion of this Site or otherwise gather Content (as defined below) from this Site.
- Probe, scan or test the vulnerability of this Site or any network connected to this Site.
- Interfere with, restrict or otherwise disrupt another user's use and enjoyment of this Site.
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be threatening, harassing, degrading, hateful or intimidating, defamatory, libelous, fraudulent, obscene, indecent, pornographic, otherwise objectionable, or protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right without consent.
- Interfere with or disrupt the operation of this Site or the servers or networks used to make this Site available, including by hacking or defacing any portion of this Site; or violate any requirement, procedure or policy of such servers or networks.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) this Site, without MomentimRx’s express prior written consent.
- Post, transmit or otherwise make available through or in connection with this Site any virus, worm, Trojan horse, Easter egg, time bomb, cancelbots, adware, malware, spyware or other harmful code.
- Reverse engineer, decompile, copy, or disassemble any portion of this Site.
- Systematically download and store information from this Site.
- Harvest or collect information about users of this Site.
- Remove any copyright, trademark or other proprietary rights notice from this Site.
- Use this Site for any purpose that is fraudulent, unlawful, or prohibited by these Terms of Use.
3. Geographic Restrictions
The owner of this Site is based in the State of Texas in the United States, and we provide this Site for use by persons located in the United States. We make no representation that this Site or any of its content is appropriate or available for use in locations other than the United States. Any offer for any feature, product, or service made on this Site is void where prohibited. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk and are responsible for complying with applicable local laws.
4. Changes
Our products and services evolve constantly. We reserve the right at any time and in our sole discretion, to change, modify, add, or remove portions of this Site and these Terms of Use. It is your responsibility to check these Terms of Use periodically for changes. The “Last Updated” legend at the top of this page indicates when these Terms of Use were last changed. All changes are effective immediately upon posting to this Site. By continuing to access or use this Site after the revisions become effective, you accept and agree to the changes.
5. Intellectual Property
MomentimRx enforces its intellectual property rights to the fullest extent allowed by law. This Site and its entire contents, features, and functionality (collectively, “Content”) are the property of MomentimRx or its licensors and are protected by United States and international copyright and intellectual property laws. All rights to patents, copyrights, trademarks, service marks, trade secrets and other intangible property rights in this Site, the Content or any modifications shall remain in MomentimRx and its licensors.
No part of this Site may be reproduced, stored in a retrieval system, transmitted or retransmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of MomentimRx.
You may print and download portions of material from the different areas of this Site solely for your own informational, non-commercial, individual, and internal reference, provided that you reproduce the copyright notice which appears at the end of these Terms of Use. To the extent any Content consists of software, you may not modify, reverse engineer, decompile, disassemble, or create derivative works based on the Content, or remove any proprietary notices or labels that it contains. Subject to the foregoing, you may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from different areas of this Site solely for your own informational, non-commercial, individual reference, provided that you reproduce the copyright notice which appears at the end of these Terms of Use. Any other copying, distribution or publication is strictly prohibited without the express prior written consent of MomentimRx.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Site or the Content in breach of these Terms of Use, your right to use this Site will stop immediately and you must, at our option, return or destroy any copies you have made. No right, title, or interest in or to this Site or any Content is transferred to you, and all rights not expressly granted are reserved by MomentimRx.
6. Trademarks
The MomentimRx name, its service and product names, and all related names, logos, designs, and slogans are trademarks and/or service marks of MomentimRx, its affiliates, its subsidiaries and/or licensors. The Trademarks and all other names, logos and marks on this Site are owned or licensed by MomentimRx and may not be used by you without express prior written permission from MomentimRx.
7. Accounts
You may need to provide certain information, registration details, or create an account to use certain features or services offered on or through this Site. You agree that all information provided is correct, current, and complete, and is governed by our Privacy Notice.
You are responsible for safeguarding your account credentials and for all activity that happens through your account. We may disable any username, password, or other identifier at any time in our sole discretion, including if you violate these Terms of Use.
8. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
If you believe any materials accessible on or from this Site infringe your copyright, please submit written notification to our Copyright Agent. The notice must include substantially the items required by 17 U.S.C. § 512(c)(3).
- Your physical or electronic signature (or that of your designated agent).
- Identification of the copyrighted work you believe to have been infringed, or a representative list if multiple works are involved.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate it.
- Adequate contact information (including name, postal address, telephone number, and if available, email address).
- A statement that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in your notice is accurate.
- A statement, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.
If you fail to comply with all requirements of Section 512(c)(3), your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on this Site is infringing, you may be liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
9. Disclaimer
This Site is a service by MomentimRx to provide information about its brand, products, and services. Nothing contained on this Site is to be construed as medical, legal, investment, financial or other advice, or any instruction on the appropriate use of products produced, supplied or under development by MomentimRx, its affiliates, related companies, or its licensors or joint venture partners.
Your access to and use of this Site, services or any Content are at your own risk. You understand and agree that the services are provided on an “AS IS” and “AS AVAILABLE” basis. MOMENTIMRX MAKES NO REPRESENTATION THAT THIS SITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS. MOMENTIMRX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AGAINST MOMENTIMRX FOR DISSATISFACTION WITH THIS SITE OR ANY CONTENT IS TO STOP USING THIS SITE OR SUCH CONTENT.
10. Cautionary Statements
This Site contains forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Forward-looking statements may be identified by terms such as believes, expects, anticipates, may, will, should, seeks, approximately, intends, projects, plans, estimates, targets, and similar terminology.
Readers should not place undue reliance on forward-looking statements, which speak only as of the date first made. Except as required by law, we undertake no obligation to update or revise such statements. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially.
Risk factors include, without limitation: legal disputes and settlements; regulatory and healthcare law changes; cybersecurity incidents and data breaches; failure to realize expected strategic or process benefits; supplier, customer, and contract risks; competition and industry consolidation; product supply disruptions; economic and capital market changes; tax and currency impacts; public health events and natural disasters; and climate-related impacts and responses.
11. Limitation of Liability
To the fullest extent permitted by law, MomentimRx will not be liable in connection with these Terms of Use for lost profits or lost business opportunities, reputation harms, loss of data, or any indirect, incidental, consequential, exemplary or punitive damages.
If, notwithstanding other provisions, MomentimRx is found liable for damages or loss arising from your use of this Site or Content, MomentimRx’s liability shall not exceed the lesser of: (a) total fees paid or payable by you to MomentimRx for services or products related to this Site, if any; or (b) US $500.
12. Indemnity
You agree to indemnify, defend, and hold MomentimRx, its affiliates and their respective officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, licensors, suppliers and any third-party information providers to this Site harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of your use of this Site.
13. Links
This Site may contain links to other independent third-party websites (“Linked Sites”). MomentimRx provides these Linked Sites solely as a convenience. We neither control nor endorse, nor are we responsible for, any Linked Sites, including their accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety, or intellectual property rights.
14. Termination
You may end your agreement at any time by deactivating your account or discontinuing your use of this Site. MomentimRx may terminate your access or block future access if you violate these Terms of Use.
15. Violation
MomentimRx reserves the right to disclose any information we have about you in connection with any investigation or complaint regarding your use of this Site, or to identify, contact, or bring legal action against anyone who may be causing injury to or interfering with this Site.
If MomentimRx takes legal action against you as a result of your violation of these Terms of Use, MomentimRx 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 MomentimRx.
16. Governing Law
The laws of the State of Texas, without regard to conflicts of law provisions, govern these Terms of Use. You agree to submit to the jurisdiction of the state and federal courts of the State of Texas.
17. Dispute Resolution
In the event of a controversy or dispute between you and MomentimRx arising out of or in connection with your use of this Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether claims arise during or after termination), the parties agree to try to resolve the dispute promptly, amicably, and in good faith.
If unresolved within a reasonable time not to exceed thirty (30) days, either party may seek mediation. If the dispute cannot be resolved through mediation, then any claims relating to your use of this Site must be asserted in binding arbitration.
18. Dispute Timeline
Any claim under these Terms of Use must be brought within one (1) year after the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim.
Claims made under separate terms and conditions of purchase for goods and services are not subject to this limitation.
19. Waiver of Jury Trial
You knowingly and voluntarily waive the right to a jury trial in any actions, suits or proceedings arising out of or relating to your use of this Site or these Terms of Use.
20. General Terms
If any provision of these Terms of Use is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and remaining provisions remain in full force and effect.
MomentimRx’s failure to enforce any right or provision of these Terms of Use will not be deemed a waiver. Other than as explicitly agreed in writing, these Terms constitute the entire agreement between you and MomentimRx regarding this subject matter and supersede prior agreements, whether written or oral.
Any feedback, comments, or suggestions you provide regarding this Site or our products and services is entirely voluntary and non-confidential, and MomentimRx may use such information without obligation to you.
Any provisions intended to survive termination (including limitation of liability and indemnification provisions) will remain in effect beyond termination.
21. Contact Us
If you have any questions about these Terms of Use or the practices of this Site, you can contact us at mrxleads@mckesson.com.