Terms of Use

Terms of Use Agreement
Thank you for visiting the thespecialityrx.com site. This site is offered by Specialty Rx, Inc. (“Specialty Rx”) to provide you with information about Specialty Rx and to provide payment and related services as determined by us. We at Specialty Rx want each visitor to the site (“you”) to have a useful and informative visit. This document sets forth the terms and conditions that apply to your use of the site. The effective date of this Terms of Use Agreement (“Agreement”) is April 1, 2013.

THIS SITE IS OWNED BY SPECIALTY RX. SPECIALTY RX PROVIDES THIS SITE AND RELATED SERVICES TO YOU, THE USER OF THIS SITE, ONLY FOR YOUR PERSONAL, NON-COMMERCIAL USE AND SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THIS TERMS OF USE AGREEMENT. PLEASE READ THE TERMS CONTAINED HEREIN CAREFULLY BEFORE USING THIS SITE AND/OR THE SERVICES ASSOCIATED THEREWITH. YOUR USE OF THIS SITE AND THE ASSOCIATED SERVICES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Changes to this Agreement
We reserve the right, in our sole discretion, to revise the site, this Agreement, our Privacy Policy, including our HIPAA Notice, at any time. We encourage you to review the site, our Privacy Policy, including our HIPAA Notice periodically for updates and changes. Your continued use of the site and any related services following posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.

Privacy and Security Information
By using this site, you consent to our collection and use of personal information as discussed in our Privacy Policy, including our HIPAA Privacy Notice, which is hereby incorporated into this Agreement. A copy of the Privacy Policy, including our HIPAA Privacy Notice, can be accessed here.

You also acknowledge that, there is no absolute guarantee of security. In the event of an interception or unauthorized access despite our efforts, Specialty Rx shall not be responsible for such interceptions or unauthorized access.

General Use and Site License
This site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this site by children, minors and others under your care, and you agree to be responsible for their use of this site.

Except for public domain materials, this site is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the site is the proprietary information of Specialty Rx and its content providers, and that Specialty Rx and its content providers retain all right, title, and interest in the content. We grant you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site. You may view, copy, download or print materials from this site for your own personal and non-commercial use. In this context, “personal and non-commercial use” does not include posting, uploading or otherwise publishing the materials to any other site. This license does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.

Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content on the site, including but not limited to the trademarks and copyrights of Specialty Rx and its affiliates, or to make derivative use of the site or its contents; (b) to make commercial use of the site or any of its contents; (c) to bypass any technical measures used to prevent or restrict access to any portion of the site; (d) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (f) to violate or attempt to violate the security of the site, or (g) to interfere with or attempt to interfere with the proper working of the site.

You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service to anyone for any reason and to block or prevent your future access to and use of this site. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.

Ownership of Intellectual Property
All content included on this site (including images, illustrations, designs, icons, photographs, video clips, text and other material) is owned by Specialty Rx or our affiliates, suppliers, or other third party licensors. All content not owned by Specialty Rx is used by us with the permission of its owner, and the compilation of this site as a whole is the exclusive property of Specialty Rx. The content on this site is protected by intellectual property and other laws in the United States and throughout the world. Nothing found on the site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Specialty Rx. You agree that you will not take any actions inconsistent with Specialty Rx’s ownership of the site and its content. The trademarks, logos, and service marks displayed on this web site are owned by Specialty Rx and third parties, and this web site’s trade dress is owned by Specialty Rx. All trademarks not owned by Specialty Rx are the property of their respective owners, and, where used by Specialty Rx, are used with permission. Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Specialty Rx’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with Specialty Rx’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.

Operating Policies and Conduct Guidelines
We reserve complete and sole discretion with respect to the operation of the site. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the site at any time without notice.

You agree to comply with the operating policies and conduct guidelines set forth herein, which are the rules that govern your use of the site as they are amended from time to time. Your failure to observe any of the limitations or obligations may under certain circumstances, result in civil or criminal liability.

By using this site, you agree to abide by all applicable, local, state, federal and international laws, rules and regulations.

You acknowledge that all content posted, emailed, or otherwise transmitted to or on this site, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this site. We do not control the Postings posted, emailed or otherwise transmitted on our site by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this site.

By using this site, you agree not to:

  1. disrupt or intercept the information posted on this site;
  2. circumvent any security features of this site;
  3. intercept or attempt to intercept email or other private communications not intended for you;
  4. upload files that contain a virus or corrupted data;
  5. use the site in a manner that adversely affects the availability of its resources to other site users.
  6. upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
  7. upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
  8. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
  9. solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the site, including user names or passwords; or access or attempt to access another user’s account without his or her consent; or
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.

By using this site, you agree to abide by all applicable, local, state, federal and international laws, rules and regulations.

Content Submitted by You

Blogs, Discussion Boards, Photos, Videos and Other Activities
Except as may otherwise be provided in our Privacy Policy, and to the extent applicable, blogs, discussion boards, photos, video and other social media activities (“ Postings”) are public and not private communications. We reserve the right to monitor some, all, or no areas of this site (including blog postings) for adherence to these policies and guidelines for any other purpose. You acknowledge that by providing you with the ability to make Postings, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities related thereto, nor do we endorse any such Postings. Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review content prior to the content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our site, and we are not liable for any loss you incur in the event that content you post or transmit to our site is been removed.

Other Content
If, at our request or on your own, you send, email, post or otherwise transmit to us or this site any content, you grant Specialty Rx and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such content. You also warrant that, to the extent you are not the exclusive holder of all Rights in such content, any third party holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that Specialty Rx and our successors and assigns shall be entitled to unrestricted use of the content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the content. You also permit any user to access, display, view, store and reproduce any content that you made available on the site for personal use. Subject to the foregoing, the owner of content placed on this site retains any and all Rights that may exist in such content. Except as provided in our Privacy Policy, none of the content shall be subject to any obligation.

Termination
Specialty Rx may, under certain circumstances, terminate your access to the site or Specialty Rx services without notice. All terminations shall be made in Specialty Rx’ sole discretion and Specialty Rx shall not be liable to you or any third-party for any termination of your access to the Service.

International Users
This site is exclusively intended for use in the United States. Specialty Rx provides no guarantee that the information presented on this site is accurate outside United States. If this site is used outside United States or if you download contents from outside United States, it is your own responsibility to ensure that you act in compliance with local laws, regulations and/or legislation.

Links to Third Party Sites
From time to time, we may provide links to other Internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.

Disclaimer of Warranties; Indemnification; Resolution of Disputes
Specialty Rx provides this site and the associated services in connection with one or more affiliated companies and third party agents. While Specialty Rx attempts to keep the information presented on this site current, information and knowledge change quickly, and this site should not be considered error-free or as a comprehensive source of all information on a particular topic. Although we make every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, including but not limited to, unintended inaccuracies or typographical errors in the materials.

Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Specialty Rx, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SPECIALTY RX’S SERVICES IS AT YOUR SOLE RISK. THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY SPECIALTY RX ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPECIALTY RX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SPECIALTY RX DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, SPECIALTY RX MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY DISCLOSURES ON THIS SITE SATISFY GOVERNMENT REGULATIONS REGARDING THE DISCLOSURE OF INFORMATION RELATED TO CERTAIN PRODUCTS. SPECIALTY RX IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THIS SITE.

BY USING THE SPECIALTY RX SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. SPECIALTY RX DOES NOT WARRANT OR GUARANTEE THAT ITS SITE, SERVERS OR E-MAILS SENT BY OR ON BEHALF OF SPECIALTY RX ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, SPECIALTY RX DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND SPECIALTY RX WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
SPECIALTY RX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF SPECIALTY RX HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, SPECIALTY RX WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON SPECIALTY RX’S COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPECIALTY RX, ITS PARENT, SUBSIDIARIES OR AFFILIATES – WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY – ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SPECIALTY RX FOR ACCESS TO OR USE OF THE SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to indemnify, defend and hold harmless Specialty Rx, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.

You agree that Specialty Rx and its officers, directors, employees, agents, information providers or suppliers shall have no liability to you under any theory of liability or indemnity in connection with your use of the site or Specialty Rx’s services. You hereby release and forever waive any and all claims you may have against Specialty Rx and its officers, directors, employees, agents and information providers or suppliers (including, but not limited to, personal injury claims and/or claims based on the negligence of its officers, directors, employees, agents, information providers or suppliers) for losses or damages you sustain in connection with your use of the site or Specialty Rx’s services. Specialty Rx and its officers, directors, employees, agents, information providers or suppliers shall have no liability for any and all damages, direct or indirect, special, incidental, consequential, or punitive arising from any use of the information or other services provided by Specialty Rx, even if Specialty Rx or its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy. You acknowledge and agree that the limitations set forth herein are fundamental elements of this Agreement and this site would not be provided to you absent such limitations.

You agree that if you are dissatisfied with the site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Specialty Rx with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.

This site is created and maintained by Specialty Rx in the State of New Jersey. We make no representation that the site or any of its content is appropriate or available for use outside the United States of America, and access to the site from territories where the content is illegal is prohibited. You agree that you are solely responsible for compliance with applicable local laws connected with your use of this site.

You agree that the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Specialty Rx or its affiliates. Regardless of where you access this site, you agree that any action or proceeding arising out of this Agreement or your use of the Specialty Rx site, whether at law or in equity, must be brought in the state or federal courts serving the State of New Jersey, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.

Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our site (or any part thereof) who infringes the intellectual property rights of others. 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. To the extent applicable, if you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:

  1. a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
  2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this site are covered by a single notification, a representative list of such works);
  3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our site;
  4. your name, mailing address, telephone number and email address;
  5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this site should be sent to:

SPECIALTY RX, INC.
ATTN: COMPLIANCE OFFICER
PO BOX 328
ROSELLE, NJ 07203-0328

General Information
This Agreement represents the entire understanding between the parties regarding your use of the site, and supersedes all other agreements, express or implied, between them. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Specialty Rx. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Specialty Rx’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in this Terms of Use Agreement are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

If you have any questions or suggestions regarding these terms and conditions, please contact us at:

Specialty Rx, Inc.
209 East 11th Avenue
Roselle NJ 07203
Email: support@srxltc.com