TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS
OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES,
YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS,
THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 04/06/2015
ACCEPTANCE OF TERMS
The following Terms of Service
Agreement (the "TOS") is a legally binding agreement that shall
govern the relationship with our users and others which may interact or
interface with Terrific, Inc, also known as Ter, and our subsidiaries and affiliates, in association
with the use of the Ter website, which includes www.CoPayRx.com (the
"Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is for informational purposes,
which has the following description:
The contents of the site are for
informational purposes only. We are not selling any prescription medications
nor offering medical advice. Simply, connecting people to manufacturer copay or
prescription assistance programs for savings on prescription drugs (U.S. only).
We do not recommend nor are you obligated to purchase any products to which a
savings program is offered, from a pharmacy. Respective companies offering a
savings program have there own terms and conditions that are applied. Insured
patients under government programs may not take advantage of some of these
programs and must abide by the terms set forth by each one. Please discuss with
your healthcare provider the use of any of these products listed.
Any and all visitors to our site
shall be deemed as "users" of the herein contained Services provided
for the purpose of this TOS.
The user acknowledges
and agrees that the Services provided and made available through our website
and applications, which may include some mobile applications and that those
applications may be made available on various social media networking sites and
numerous other platforms and downloadable programs, are the sole property of Terrific, Inc. At
its discretion, Terrific, Inc may offer additional website Services and/or
products, or update, modify or revise any current content and Services, and
this Agreement shall apply to any and all additional Services and/or products
and any and all updated, modified or revised Services unless otherwise
stipulated. Terrific, Inc does hereby reserve the right to cancel and cease
offering any of the aforementioned Services and/or products. You, as the end user,
acknowledge, accept and agree that Terrific, Inc shall not be held liable for
any such updates, modifications, revisions, suspensions or discontinuance of
any of our Services and/or products. Your continued use of the Services
provided, after such posting of any updates, changes, and/or modifications
shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and
policies currently in effect. Should you not agree to the updated, modified,
revised or modified terms, you must stop using the provided Services.
Furthermore, the user understands,
acknowledges and agrees that the Services offered shall be provided "AS
IS" and as such Terrific, Inc shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.
PRIVACY POLICY
Every member's registration data and
various other personal information are strictly protected by the Terrific, Inc Online Privacy Policy (see the full Privacy
Policy at http://www.copayrx.com/privacypolicy.aspx). As a member, you herein
consent to the collection and use of the information provided, including the
transfer of information within the United States and/or other countries for
storage, processing or use by Terrific, Inc and/or our subsidiaries and
affiliates.
INTERSTATE COMMUNICATION
Upon registration, you hereby
acknowledge that by using www.CoPayRx.com to send electronic communications,
which would include, but are not limited to, email, searches, instant messages,
uploading of files, photos and/or videos, you will be causing communications to
be sent through our computer network. Therefore,
through your use, and thus your agreement with this TOS, you are acknowledging
that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of
the Internet, through the use of our network you hereby agree to comply with
all local rules relating to online conduct and that which is considered
acceptable Content. Uploading, posting and/or transferring of software,
technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our
network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) Are not on the list of prohibited individuals
which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may
be part of an export-prohibited country identified in applicable export and
import laws and regulations;
b)
Agree not to transfer any software, technology or any other
technical data through the use of our network Services to any export-prohibited
country;
c)
Agree not to use our website network Services for any military,
nuclear, missile, chemical or biological weaponry end uses that would be a
violation of the U.S. export laws; and
d)
Agree not to post, transfer nor upload any software, technology or
any other technical data, which would be in violation of the U.S. or other
applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Terrific, Inc shall not lay
claim to ownership of any content submitted by any visitor or user, or make
such content available for inclusion on our website Services. Therefore, you
hereby grant and allow for Terrific, Inc the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for
inclusion on the publicly accessible areas of Terrific, Inc's sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Terrific, Inc's sites, and shall
terminate at such time when you elect to discontinue your membership.
b)
Photos, audio, video and/or graphics submitted or made available
for inclusion on the publicly accessible areas of Terrific, Inc's sites, the
license provided to permit to use, distribute, reproduce, modify, adapt,
publicly perform and/or publicly display said Content on our network Services
are for the sole purpose of providing and promoting the specific area in which
this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Terrific, Inc's sites and shall
terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made
available for inclusion on the publicly accessible areas of Terrific, Inc's
sites, the continuous, binding and completely sub-licensable license which is
meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in
whole or in part, and the incorporation of any such Content into other works in
any arrangement or medium current used or later developed.
Those areas, which may be
deemed “publicly accessible” areas of Terrific, Inc’s sites, are those such areas
of our network properties which are meant to be available to the general
public, and which would include message boards and groups that are openly
available to visitors
.
CONTRIBUTIONS TO COMPANY
WEBSITE
Terrific, Inc provides an
area for our users to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or
proposals ("Contributions") to our site, you acknowledge and agree
that:
a) Your Contributions do not contain any type of
confidential or proprietary information;
b)
Ter shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any Contributions;
c) Ter shall be entitled to make use of and/or
disclose any such Contributions in any such manner as they may see fit;
d) The contributor's Contributions shall
automatically become the sole property of Ter; and
e) Ter is under no obligation to either compensate
or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to
insure and hold Terrific, Inc, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or
demand, which may include, but is not limited to, reasonable attorney fees made
by any third party, which may arise from any content a user of our site may submit, post, modify, transmit or
otherwise make available through our Services, the use of Ter Services or your
connection with these Services, your violations of the Terms of Service and/or
your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate,
copy, trade, sell, resell nor exploit for any commercial reason any part, use
of, or access to Ter's sites.
MODIFICATIONS
Terrific, Inc shall reserve
the right at any time it may deem fit, to modify, alter and or discontinue,
whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or
business dealings with, or the participation in any promotions of, advertisers
located on or through our Services, which may include the payment and/or
delivery of such related goods and/or Services, and any such other term,
condition, warranty and/or representation associated with such dealings, are
and shall be solely between you and any such advertiser. Moreover, you herein
agree that Terrific, Inc shall not be held responsible or liable for any loss
or damage of any nature or manner incurred as a direct result of any such
dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Terrific, Inc or any
third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any
such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other
materials, on or available from such third party sites or resources.
Furthermore, you acknowledge and agree that Terrific, Inc shall not be
responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection
with the use of or the reliance on any such content, goods or Services made
available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge
and agree that Terrific, Inc's Services and any essential software that may be
used in connection with our Services ("Software") shall contain
proprietary and confidential material that is protected by applicable
intellectual property rights and other laws. Furthermore, you herein
acknowledge and agree that any Content, which may be contained in any
advertisements or information, presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly
permitted by applicable law or as authorized by Terrific, Inc or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on Terrific, Inc Services (e.g. Content or
Software), in whole or part.
Terrific, Inc herein has
granted you personal, non-transferable and non-exclusive rights and/or license
to make use of the object code or our Software on a single computer, as long as
you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise
make an attempt to locate or discern any source code, sell, assign, sublicense,
grant a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the Software
in any manner, nature or form, and as such, not to use any modified versions of
the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or
attempt to access our Services through any means other than through the interface,
which is provided by Terrific, Inc for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY
ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF TERRIFIC, INC SERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
"AS IS" AND/OR "AS AVAILABLE" BASIS. TERRIFIC, INC AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b)
TERRIFIC, INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) TERRIFIC, INC SERVICES
OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) TERRIFIC, INC SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE TERRIFIC, INC SERVICES OR
SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR
OTHERWISE OBTAIN BY WAY OF TERRIFIC, INC SERVICES OR SOFTWARE SHALL BE ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD
OF ANY SUCH INFORMATION OR MATERIAL.
d)
NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM TERRIFIC, INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE,
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e)
A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT
MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS
MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN
USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE
CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF
AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITY ACKNOWLEDGE,
UNDERSTAND AND AGREE THAT TERRIFIC, INC AND OUR SUBISDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU
FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b)
THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON
OUR SERVICE;
e) AND ANY OTHER MATTER, WHICH MAY BE RELATED TO
OUR SERVICE.
SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS
Should you intend to create
or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes,
investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware"
is appropriate. Terrific, Inc's content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Terrific, Inc and our licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted and/or made available by way of our Services,
and shall not be responsible or liable for any trading and/or investment
decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS,
WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF
EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge,
understand and agree, unless otherwise expressly provided in this TOS, that
there shall be third-party beneficiaries to this agreement.
NOTICE
Terrific, Inc may furnish
you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received
if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge,
understand and agree that all of the Terrific, Inc trademarks, copyright, trade
name, service marks, and other Terrific, Inc logos and any brand features,
and/or product and service names are trademarks and as such, are and shall
remain the property of Terrific, Inc. You herein agree not to display and/or use
in any manner the Terrific, Inc logo or marks.
COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Terrific, Inc will always
respect the intellectual property of others, and we ask that all of our users
to the same. With regards to appropriate circumstances and at its sole
discretion, Terrific, Inc may disable and/or terminate the accounts of any user
who repeatedly violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights
have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the
individual that is authorized on behalf of the owner of the copyright or other
intellectual property interest;
b)
A description of the copyrighted work or other intellectual
property that you believe has been infringed upon;
c) A description of the location of the site which
you allege has been infringing upon your work;
d) The physical address, telephone number, and
email address;
e)
A statement, in which you state that the alleged and disputed use
of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of
perjury, that the aforementioned information in your notice is the truth and
accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual
property owner's behalf.
The Terrific, Inc Agent for
notice of claims of copyright or other intellectual property infringement can
be contacted as follows:
Mailing Address:
Terrific, Inc
Attn: Copyright Agent
PO Box 220311
Great Neck, New York 11022
Email: info@copayrx.com
CLOSED CAPTIONING
BE IT KNOWN, that Terrific,
Inc complies with all applicable Federal Communications Commission rules and
regulations regarding the closed captioning of video content. For more
information, please visit our website at www.CoPayRx.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the
entire agreement between you and Terrific, Inc and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with
respect to Terrific, Inc Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other Terrific,
Inc Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual
agreement of both you and Terrific, Inc with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of
New York without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of
or relating to the TOS, or the relationship between you and Terrific, Inc,
shall be filed within the courts having jurisdiction within the County of
Nassau, New York or the U.S. District Court located in said state. You and
Terrific, Inc agree to submit to the jurisdiction of the courts as previously
mentioned, and agree to waive any and all objections to the exercise of
jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should
Terrific, Inc fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any
provision of this TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand
and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be
filed within 1 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all
violations of this TOS to Terrific, Inc as follows:
Mailing Address:
Terrific, Inc
Attn: Copyright Agent
PO Box 220311
Great Neck, New York 11022
Email: info@copayrx.com