Effective Date: 04/05/2020
1. Acceptance of Terms
2. Intellectual Property
This Site contains copyrighted material, trademarks and other proprietary material belonging to Rymedi, its licensors and others, including, but not limited to, text, data, photos, graphics and other images, software, specifications, audio and video files (collectively, “Proprietary Material”) that are protected by patent, copyright, trademark and other intellectual property laws. With the exception of your User Data, as between you and Rymedi, you should assume that everything you see or read and everything available on this Site is Proprietary Material owned by Rymedi and protected by these laws. You shall not use, copy, reproduce, distribute, modify, adapt, create derivative works of, display, publicly perform, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part.
3. Additional Obligations; Restrictions on Use
You are responsible for protecting the confidentiality of your user name, password and any other access credentials (including, without limitation, QR codes) provided to you to access any Sites. If you are a healthcare professional accessing the Sites on behalf of any individual under your care, you shall protect the confidentiality of all User Data and access credentials associated with each individual (including, without limitation, QR codes) provided to you to access any Sites on behalf of individuals and shall only use and access User Data for the sole purpose of providing care to the individual associated with such User Data. You agree that you will not: (i) access or attempt to access any systems or servers on which the Site is hosted, or modify or alter the Site in any way; (ii) forge headers, misrepresent your identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Data transmitted to or via the Site; (iii) collect, store, publish, post, sell, transmit or disclose personal data about other users of the Site unless expressly authorized by such other users to do so; (iv) upload or otherwise transmit files that contain viruses, worms, Trojan horses, spyware, adware, sniffers, corrupted files or other computer code designed to interrupt, destroy or limit the functionality of any computer hardware, software or telecommunications equipment; or (v) violate any applicable state, national or international law or regulation. You shall not (i) download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site; or (ii) alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices.
4. Termination of Access and Use
5. Eligibility and Access Outside of the United States
You represent that you are of legal age to form a binding contract with Rymedi and are not barred from using this Site by the laws of the United States or the country in which you reside. Rymedi is organized in the State of Delaware, in the United States of America with principal offices in the United States of America. Rymedi makes no claims that the Site or any of its content are appropriate or may be downloaded or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
7. Disclaimer of Warranties
THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RYMEDI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, UPTIME OR UNINTERRUPTED ACCESS AND AVAILABILITY, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. IN ADDITION, RYMEDI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
NEITHER RYMEDI NOR ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (EVEN IF RYMEDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE, THE USE, INABILITY TO USE OR PERFORMANCE OF THE SITES, OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGE SUSTAINED IN CONNECTION WITH YOUR USE OF THE SITES. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION RENDERS JUDGMENT AGAINST RYMEDI, NOTWITHSTANDING THE FOREGOING, RYMEDI’S LIABILITY IN CONNECTION WITH YOUR USE OF THE SITES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN CONNECTION WITH SUCH USE IN THE ONE (1) MONTH PERIOD PRECEDING THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
9. Dispute Resolution
10. Governing Law
Any notices shall be given by email to you at the last known email address provided to Rymedi and, in the case of Rymedi, to email@example.com. Notice shall be deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid or that the message was otherwise returned as undeliverable. Such emails shall satisfy any legal requirement that communications be made in writing.