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Terms & Conditions
RxBid UserAgreement and Terms and Conditions of Website Use
Welcometo RxBid.com, which is owned and operated by Secure Medical, Inc. (hereaftercalled "RxBid").This User Agreement and Terms and Conditions ofWebsite Use (collectively, the "Agreement") contains the terms,provisions and conditions upon which RxBid is willing to provide youaccess to and use of any RxBid website and all related pages, information,databases, functionality and materials (collectively, "RxBid.com" orthe "Website"), and governs your use of RxBid.com. If you do notagree to be bound by this Agreement, you may not access or use RxBid.com. Youruse of RxBid.com constitutes your acceptance of this Agreement, and theaccompanying Notice of Privacy Practices and Internet Privacy and SecurityPolicy in effect at the time. Please scroll down through this Agreementto review important provisions regarding arbitration, limitation of liability,waivers and indemnities, and other important provisions. The fees and othercharges assessed by RxBid are based upon your acceptance, and theenforceability, of the arbitration, liability limitations, waivers andindemnity provisions -- in the absence of which such fees and costs would beincreased to compensate for the potential additional business expenses.
Beforeyou may use RxBid.com, you must register by completing an online form that isonly available to complete after you read and accept all of the terms andprovisions of this Agreement, including those expressly set out below and thoseincorporated by reference. All policies incorporated by reference areaccessible through links in this Agreement, which should be accessed and readbefore you click and accept below
RxBid maymake changes to this Agreement, or any policies governing use of the Websiteand related services, at any time at its discretion; provided, however, thatsuch changes will only effect and control your subsequent use of the Website.RxBid encourages you to review this Agreement each time upon entering theWebsite for updates and changes because your future access or use of theWebsite shall be deemed acceptance of these changes. You should print a copy ofthis and future Agreements for your reference.
This Agreement is a contract between you and RxBid. If you have questionsregarding it, please contact Secure Medical, Inc. Attn: Legal Department, 5801South McClintock Drive, Suite 107, Tempe, AZ 85283 or (firstname.lastname@example.org).
TheWebsite is an Internet-based electronic marketplace linking buyers and sellers ("Participants")of a variety of pharmaceutical related products and services made available foruse and purchase by the Participants (collectively, "ParticipantServices"). As owner of the Website, RxBid manages the functional andtechnical operations required to maintain and support the Website (the"RxBid Services"). Although the Website may be referred to as anonline auction site, RxBid is not an auctioneer or a clearinghouse anddoes not sell Participant Services. Because it does not sell ParticipantServices, RxBid disclaims any responsibility for the quality, safety, orlegality of the products advertised the truth or accuracy of the listings, theability of the Participants to sell or deliver the Participant Services, or theability of Participants to pay for them. RxBid cannot ensure that aParticipant will actually complete a transaction. You are responsible foraccurately entering your information into RxBid.com. RxBid will not reviewsuch information as a part of the RxBid Services. Information submitted byyou or generated from transactions through the Website (absent any personable identifiableinformation) will be available on the RxBid system to all pharmacieswithin the service area and others per this Agreement for development ofstatistical data to facilitate efficiency and competition in the field ofpharmacy services. RxBid may provide additional RxBid Services suchas Similar Product Pricing Comparison ("SPPC") services. AnyRxBid Services that you order from RxBid.com for which RxBid chargesfees shall be paid for by you with valid funds at the time you place your orderor when you pick up your prescription at the pharmacy. RxBid may, at itssole discretion, delete or change some or all of the RxBid Services orParticipant Services now or offered in the future at any time, free and clearof any claim of vested rights or other entitlement as a Participant ofRxBid.com or otherwise.
ParticipantServices are offered and sold by the Participants. If you have a claim ordispute regarding any Participant Services, you must deal directly with theaffected Participants, not RxBid. Unless otherwise prohibited byapplicable law, you release RxBid from and waive any and all claims, demands,and causes of action of every kind and nature, known and unknown, which existor here after arise against RxBid related in any way to such claim ordispute over Participant Services. Although Participants are expectedto input accurate information on the Website, on occasion pricing,typographical, or other mistakes may occur. RxBid reserves and shall havethe right to cancel any transactions processed with inaccurate informationsubmitted by any Participants, and the return of any amounts paid by you toRxBid in the cancelled transaction shall be your sole remedy.
Touse or purchase any RxBid Services or Participant Services, you must be aParticipant of RxBid.com -- which is available to (a) companies legallyorganized and authorized to do business in the United States with a shipping address in the United States and(b)individuals 18 years and older who, under the laws of their state ofresidence, are not precluded from registering and undertaking the variousobligations under this Agreement and who have a shipping address in the UnitedStates or use an APO/FPO U.S. military address (each a "QualifiedMember").Qualified Members with custodial care of a minor or other personwho is not eligible to become a Participant (a "Dependent") may useRxBid.com on behalf of the Dependent. The Qualified Member and the Dependentcertify that the Qualified Member is authorized under all applicable laws todisclose and provide personal information of the Dependent to RxBid. TheQualified Member and the Dependent further authorize RxBid to use thepersonal information in connection with the Website and the provision ofRxBid and Participant Services subject to the terms of this Agreement. Ifyou do not qualify to be a Participant, please do not use RxBid.com.
Bybecoming a Participant and by accessing any portion of RxBid.com, you have alimited license to use its contents for your personal, non-commercial useaccording to this Agreement unless commercial use has been authorized byRxBid in a separate written agreement with you. Your license may not betransferred, sold, or used by any other person or entity without the expressprior written permission of RxBid.
Youagree to provide information reasonably requested by RxBid related toregistration, the RxBid Services or Participant Services. By becoming aParticipant, you certify that all information you provide toRxBid ("Participant Information"), whether through theregistration process or otherwise will be true, accurate, current, andcomplete. You will indemnify and hold RxBid harmless from any andall loss, liability, cost, damage and expense it may incur as a result of anyinaccurate Participant Information you provide at any time, as well as anyParticipant Information which becomes inaccurate. You agree topromptly update your Participant Information in the event of any change so thatthe Participant Information possessed by RxBid at the time of a giventransaction is accurate in all respects.
Youare solely responsible for the accuracy and disclosure to us of yourParticipant Information. You agree that RxBid is not liable to you or anythird party for damages or losses related to the accuracy or disclosure to usof your Participant Information.
RxBid respectsthe privacy of Participant Information. Please review RxBid's Notice of PrivacyPractices and Internet Privacy and Security Policy for more informationregarding RxBid's policies and procedures for protection, disclosure and use ofParticipant Information. Subject to the privacy protections contained in theabove referenced policy, RxBid retains a perpetual, irrevocable,non-exclusive, royalty-free, worldwide license to use and store (in any media,currently known or unknown) Participant Information related to this Agreementor provision of RxBid Services.
Youwill receive or create a password and login when becoming a Participant. It isyour responsibility to maintain the confidentiality of your password and login.You are responsible for all activities that occur under your password andlogin. You agree not to share your password and login with another person underany circumstances and if you nevertheless do so, you will be solely responsiblefor any loss, damage or expense resulting from unauthorized use of suchinformation. This requirement is intended to protect you, as well asRxBid and other RxBid.com users. You agree to immediately notifyRxBid of any loss, theft, or unauthorized use of your password or login orany other breach of security.
Exceptfor your designated legal representative or other person you have authorized asan "Assistant" during the registration process, you shall not allowany other person or entity to use your username or password. You agree not to impersonateany person or entity, misrepresent any affiliation with another person, entityor association, use false e-mail or other headers, or otherwise conceal youridentity from RxBid for any purpose. You agree not to attempt to access,delete, or modify the data or the account of another Participant.
a. Membership Fees. There may be a charge to become aParticipant of RxBid.com for personal use of RxBid.com as a tool for obtainingprescriptions. Any charge for participation is included in the cost of yourprescription and collected by the pharmacy. In addition to any participationcharges, you are also responsible to pay the Participant for any ParticipantServices you may purchase. To the extent not covered by insurance paymentsprocessed through RxBid.com, you agree to make the payments directly to theParticipant. Participants desiring to use RxBid.com for commercial purposesmust first enter into a commercial agreement with RxBid and pay charges inaccordance with the terms of that agreement.
b. Other Services Fees and Taxes. You are responsible for promptlypaying all fees and charges (the "Fees") associated with your use orpurchase of RxBid Services for which there is a charge at the time ofpurchase. Further, you shall be responsible for any applicable federal, state,or local franchise fees, surcharges, sales and use taxes, and any other taxes(except those related to RxBid's net income) related to the RxBid Services(collectively, the "Taxes"). You shall promptly pay all Taxes at thetime of purchase.
Feesand Taxes for using the RxBid Services will be identified in subsequentchanges to RxBid.com and shall be effective immediately when posted. All Feesand Taxes are payable n U.S. dollars.
c. Billing & Payment Disputes. If you dispute any Fees related topurchase of any RxBid Services, you shall provide RxBid with writtennotice describing such dispute in reasonable detail and shall include with suchnotice all documentation as may be reasonably required to support your positionregarding the dispute. All disputes regarding any Fees must be submitted toRxBid within 90 days of the date of your purchase of the RxBid Service.If you do not submit a claim within such time period, you waive all rights todispute such Fees.
Ifthe dispute is resolved in favor of RxBid and you have withheld thedisputed amount, any payments withheld pending settlement of the disputedamount shall bear interest at eighteen percent (18%) per annum or the highestamount permitted by law, whichever is lower, from the payment due date up toand including the date of payment. RxBid shall beentitled to recover from you all its costs and expenses (including, without limitation,actual attorneys’ fees) incurred in successfully enforcing your compliance withthis Agreement, whether related to a dispute over Fees or otherwise.
7.Restrictions on Use of RxBid Intellectual Property, Website, andRxBid Services
RxBid orits content providers own all of the content, materials, and other intellectualproperty related to RxBid.com and RxBid Services, including without limit alltext, graphics, photographs, music, data, images, audio and video clips, software,names, button icons, logos, images, designs, titles, words or phrases, pageheaders, service names, trademarks, patents, and copyrights(collectively,"Materials"). You have no rights to the Materials, except as may beexpressly set forth in this Agreement. Any use of the Materials, except aspermitted by this Agreement, is expressly prohibited. The Materials and use ofRxBid.com and RxBid Services are registered and/or protected by U.S. andinternational copyright, trademark, and other laws.
Yourlicense to use RxBid.com and RxBid Services includes the limited right toview, bookmark, download and print, for your noncommercial, personal use andinformation only, (unless RxBid has authorized commercial uses in aseparate agreement with you), those pages of RxBid.com that interest you,subject to any other terms and conditions of use and/or payment in thisAgreement or on RxBid.com. Your continued use of any Materials is terminable byRxBid at any time under the circumstances described in this Agreement. Youagree to retain all copyright and other proprietary notices contained inRxBid.com or the RxBid Services. You may not delete or change anycopyright or trademark notices, and may not alter or modify the content in anymanner without the express written permission of RxBid.
Youfurther agree that you will not:
a. use RxBid.com or the RxBid Services totransmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distributein any way material or content that infringes any copyright, trademark,proprietary, or other right of any party or that violates this Agreement;
b. copy (except as set forth above fornoncommercial personal use or a separate commercial agreement with RxBid),modify, distribute, create any derivative or compilation work from, or displaythe Materials or any other content from RxBid.com or the RxBid Services orredeliver such content using framing or similar technology;
c. use any device designed to providerepeated automated access to RxBid.com or RxBid Services other than thosemade generally available by RxBid;
d. include "RxBid, "or any otherRxBid trademarked materials, the name of any RxBid personnel, or anyvariation of these items as a meta tag or hidden textual element, or in anyother fashion that may create a false or misleading impression of affiliation,sponsorship, or endorsement between RxBid and you, any other party, or anyother website, or otherwise use these items without RxBid’s express writtenpermission;
e. collect, harvest, or store personal dataabout other users of RxBid.com or the RxBid Services;
f. upload, e-mail, or otherwise transmit toRxBid or through RxBid.com or the RxBid Services or anyRxBid computer network any of the following: a sexually-explicit or pornographicimage or statement; advertising, promotional, or other unauthorizedcommunication, including without limitation, "junk mail," surveys,unsolicited e-mail, "spam," "chain letters," "pyramidschemes," or other inappropriate or prohibited materials; and any materialthat contains viruses, Trojan horses, worms, time bombs, cancel bots, Eastereggs, or any other computer code, files or programs that might interrupt, limitor interfere with, damage, surreptitiously intercept or expropriate or permitunauthorized access to or use of any system, data or information related toRxBid.com or the RxBid Services or any computer software, hardware orcommunications equipment that is owned, leased or used by RxBid;
g. create a link to RxBid.com without RxBid'sprior written permission;
h. use RxBid.com or the RxBid Services toadvertise or perform any commercial solicitation unless authorized in a separatecommercial agreement with RxBid;
i. use RxBid.com or the RxBid Services topost or transmit any threatening, false, misleading, abusive, harassing, libelous,defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profanematerial or any material that could constitute or encourage conduct that wouldbe considered a criminal offense, give rise to civil liability, or otherwiseviolate any applicable local, state, national, or international law;
j. use any robot, spider, scraper, or anyother automated means to access RxBid.com or the RxBid Services for anypurpose without RxBid's express written permission;
k. forge any TCP/IP packet header or any partof the header information in any e-mail or posting;
l. take any action that imposes, or mayimpose, in RxBid's sole discretion, an unreasonable or disproportionately largeload on the RxBid infrastructure;
m. interfere or attempt to interfere with the properworking of RxBid.com, RxBid Services, or any activities conducted onRxBid.com; or
n. bypass measures used by RxBid to preventor restrict access to RxBid.com or the Services, violate or attempt to violatethe security or authentication measures of the RxBid system, or attempt toprobe, scan or test the vulnerability of a system or network without properwritten authorization from RxBid.
o. make a reservation and not complete theimplied contract with the pharmacy or provider of product or services specifiedin the reservation.
RxBid reservesthe right to disclose the identity of anyone posting or transmitting any informationor materials violating the above prohibitions to law enforcement authorities orpursuant to any court order requesting or directing RxBid to disclose suchinformation.
RxBid doesnot represent or guarantee the truthfulness, accuracy, or reliability of communicationsposted by users of RxBid.com or the RxBid Services, nor doesRxBid endorse any opinions expressed by users or any third parties usingRxBid.com or the RxBid Services. Any reliance on material posted by otherusers or Participants shall be at your own risk
8.Fraud, Manipulation and Termination.
Youmay not manipulate the price or other information associated with any bidprovided by a Participant for any Participant Service.
Withoutlimiting any of its other available rights or remedies, RxBid may suspendor terminate your license and use of RxBid.com if RxBid, at its solediscretion, reasonably suspects that you have violated any provisions of thisAgreement or engaged in any improper, dishonest or fraudulent activity inconnection with RxBid.com or the RxBid Services.
RXBID DOESNOT PROVIDE MEDICAL ADVICE OR PRESCRIPTION DRUG THERAPY RECOMMENDATIONS.RXBID.COMAND THE RXBIDAND PARTICIPANT SERVICES CANNOT AND DO NOT CONTAININFORMATIONABOUT ALL MEDICAL CONDITIONS. THEY MAY NOT CONTAIN ALL INFORMATIONTHAT ISAPPLICABLE TO YOUR PERSONAL CONDITIONS OR CIRCUMSTANCES. THE MATERIALSARE NOTINTENDED FOR DIAGNOSIS AND SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTATIONWITHA PHYSICIAN. IF YOU SUSPECT YOU MAY HAVE A MEDICAL PROBLEM, PROMPTLY SEEKTHECARE OF A PHYSICIAN OR HEALTHCARE PROVIDER.
RXBID DOESNOTRECOMMEND THAT YOU USE ANY OF THE SIMILAR DRUGS LISTED IN ANY SPPC. THE SPPCIS PROVIDED FOR COMPARISON PURPOSES ONLY. SIMILAR DRUGS LISTED IN YOUR SPPCMAYNOT BE RIGHT FOR YOU AND ONLY YOU AND YOUR PRESCRIBER CAN MAKE THATDECISION.YOU SHOULD CONTACT YOUR PRESCRIBER TO DETERMINE WHETHER ANY OF THESIMILARPRODUCTS IDENTIFIED BY RXBID IN THE SPPC ARE APPROPRIATE FOR YOURUSE. YOUMAY NOT OBTAIN ANY DRUGS LISTED IN AN SPPC WITHOUT A PRESCRIPTION.
ANYINFORMATION SUPPLIEDTHROUGH RXBID.COM OR THE RXBID OR PARTICIPANTSERVICES, IN ANY MANNER ORMEDIUM, IS NOT INTENDED TO, AND DOES NOT CONSTITUTE,MEDICAL, LEGAL, OR OTHERPROFESSIONAL ADVICE BY RXBIDOR CREATE A PROFESSIONALRELATIONSHIP BETWEEN RXBIDANDYOU, AND DOES NOT CREATE ANY PRIVACY INTERESTSOTHER THAN THOSE DESCRIBED IN RXBID'S NOTICE OF PRIVACY PRACTICES AND INTERNETPRIVACY AND SECURITY POLICIES..
THERXBID SERVICES ARE PROVIDED IN AN "AS IS WHERE IS"CONDITION, SUBJECT TO ANY AND ALL FAULTS AND DEFECTS EXCEPT AS OTHERWISESPECIFICALLY PROVIDED IN THIS AGREEMENT.FURTHERMORE RXBID MAKES NOREPRESENTATIONS OR WARRANTIES WHATSOEVERREGARDING PARTICIPANT SERVICES. TO THEEXTENT PERMITTED BY APPLICABLE LAW, RXBID HEREBYDISCLAIMS ANY WARRANTY OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,SUITABILITY, SECURITY,CORRECTNESS AND NON-INFRINGEMENT, TITLE, OR COMPLIANCEWITH ANY FEDERAL, STATE,OR OTHER LAW(S), AND ALL OTHER EXPRESS AND IMPLIEDWARRANTIES WITH RESPECT TOTHIS AGREEMENT, THE RXBID SERVICES,PARTICIPANT SERVICES, ORRXBID.COM. NO ADVICE OR INFORMATION GIVEN BY ANYSUBSIDIARY, AFFILIATE, OFFICER,DIRECTOR, EMPLOYEE OR AGENT OF RXBID (collectively a " RxBid AFFILIATE")SHALL CREATE A WARRANTY ORREPRESENTATION BINDING UPON RXBID UNLESS INWRITING SIGNED BY THE CHIEFOPERATING OFFICER OF RXBID. NO ONE ELSE ISAUTHORIZED TO MAKE ANY WARRANTY ON RxBid's BEHALF, AND YOU CANNOT RELY ON ANYOTHER REPRESENTATION OR ASSERTED WARRANTY ORGUARANTEE.
YOUAGREE THAT RXBIDANDTHE RXBIDAFFILIATES ARE NOT RESPONSIBLE FOR AND SHALL HAVENO LIABILITY FOR THECONTINUED AVAILABILITY, RELIABILITY, ACCURACY, RESULTS ORPERFORMANCE OF RXBID.COM,THE RxBid SERVICES, THE PARTICIPANT SERVICES ORANY MATERIALS ON RXBID.COM,THE PERFORMANCE OF THE INTERNET, THE DOWNLOADINGCOMPATIBILITY OF ANY MATERIALSOR SOFTWARE WITH YOUR COMPUTER SYSTEMS, THEEXISTENCE OF ANY VIRUS, WORM,MALICIOUS CODE OR OTHER DISABLING DEVICE FROM ANY SOURCE(INCLUDING, WITHOUTLIMITATION, RXBID.COM), OR FOR THE UNAUTHORIZED ACCESS TO ORUSE OF YOURPARTICIPANT INFORMATION BY A PARTY OTHER THAN RXBID.
RXBID EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY TECHNICALFAILURES(INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED, ORDELAYEDCOMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, OR LOSS OR USE OFDATA,AS WELL AS UNAUTHORIZED ACCESS OF USER TRANSMISSIONS BY THIRD PARTIESARISINGOUT OF OR RELATED TO THIS AGREEMENT. RXBID DOES NOT REPRESENT ORWARRANTTHAT RXBID.COM WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BECORRECTED, ORTHAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OFVIRUSES OR OTHERHARMFUL COMPONENTS.
RXBID.COMINCLUDESCONTENT PROVIDED BY THIRD PARTIES AND BY YOU. RXBID IS DISTRIBUTOROFSUCH CONTENT AND NOT IT’S PUBLISHER. THESE THIRD PARTIES MAY EXPRESSCERTAINOPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. RXBID MAKESNOWARRANTIES, AND DISCLAIMS ALL LIABILITY, AS TO THE COMPLETENESS, ACCURACY,TIMELINESS, OR RELIABILITY OF BIDS, INFORMATION OR OFFERS SUPPLIEDBYPARTICIPANTS AND DISTRIBUTED BY RXBID THROUGH RXBID.COM OR OTHERWISE. RXBID DOESNOTGUARANTEE OR WARRANT THE PERFORMANCE OF ANY PARTICIPANT, INCLUDING ANYSUCHPARTICIPANT'S CONFORMANCE TO ANY LAW, RULE, REGULATION, OR POLICY.
RXBID DOESNOTWARRANT THAT INFORMATION, SERVICES, AND PRODUCTS CONTAINED IN RXBID.COM ORTHE RXBIDORPARTICIPANT SERVICES WILL SATISFY YOUR REQUIREMENTS OR THAT THEY AREERROR ORDEFECT-FREE. BEFORE USING ANY RXBIDOR PARTICIPANT SERVICES, YOU SHOULDCONFIRMANY INFORMATION ON THE ACCOMPANYING PACKAGING. YOU ASSUME RESPONSIBILITYFORTHE ACCURACY, APPROPRIATENESS AND LEGALITY OF ANY INFORMATION YOU SUPPLY TORXBID.BY USE OF RXBID.COM, YOU ACKNOWLEDGE THAT SUCH USE IS AT YOUR SOLE RISK, INCLUDINGRESPONSIBILITYFOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRSOF ANYEQUIPMENT YOU USE IN CONNECTION WITH RXBID.COM.
11.Disclaimer and Limitation of Liability.
RXBIDANDTHE RXBIDAFFILIATESSHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY,PUNITIVE OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY BREACHOR DEFAULT BY THEMWITH RESPECT TO THIS AGREEMENT OR THE RXBID ORPARTICIPANT SERVICES,WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY, OROTHERWISE.
INNO EVENT SHALL THETOTAL LIABILITY OF RXBID AND THE RXBID AFFILIATESTO YOU FOR ANYDAMAGES, LOSSES, COSTS AND EXPENSES RELATED TO ANY CLAIM BY YOUIN CONTRACT,TORT, STRICT LIABILITY, OR OTHERWISE EXCEED: (A) THE AMOUNT OFINSURANCEPROCEEDS PAYABLE WITH RESPECT TO SUCH CLAIM UNDER ANY COMPREHENSIVEGENERALLIABILITY INSURANCE POLICY THEN MAINTAINED BY RXBID; OR (B) IN THEABSENCE OFSUCH INSURANCE COVERAGE THE AGGREGATE AMOUNT OF CHARGES PAID BY YOUFOR THE RXBID SERVICESAND PARTICIPANT SERVICES AT ISSUE; OR (C) IN THE ABSENCEOF SUCH CHARGES, ONETHOUSAND DOLLARS ($1,000). YOU AGREE THAT THIS LIMITATIONOF LIABILITY IS ANAGREED ALLOCATION OF RISK BETWEEN YOU, RXBIDAND THERXBIDAFFILIATES ANDREFLECTS THE FEES, IF ANY, RXBID CHARGES. YOUACKNOWLEDGE THAT ABSENT YOURAGREEMENT TO THIS LIMITATION OF LIABILITY,RXBID.COM AND THE SERVICES WOULD NOTBE PROVIDED TO YOU.
ANYCLAIM BY YOU NOTFILED IN ARBITRATION UNDER SECTION 15 BELOW WITHIN ONE YEAR OFYOUR DISCOVERYOF THE FACTUAL BASIS FOR THE CLAIM SHALL BE DEEMED FOREVERWAIVED, BARRED ANDRELEASED.
YOUHEREBY AGREE TOINDEMNIFY, DEFEND, AND HOLD HARMLESS RXBIDAND THERXBIDAFFILIATES FROM ANDAGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, INJURY,COST OR EXPENSE (INCLUDING,WITHOUT LIMITATION, ACTUAL ATTORNEYS' AND EXPERT FEES)ARISING OUT OF ORRELATED TO YOUR (A) BREACH OF THIS AGREEMENT OR THE DOCUMENTSIT INCORPORATESBY REFERENCE, (B) VIOLATION OF ANY PERSON'S OR ENTITY'S LEGALRIGHTS(INCLUDING, WITHOUT LIMITATION, COPYRIGHT, PATENT, TRADE SECRET,TRADEMARK, OROTHER PROPRIETARY RIGHTS, OR PUBLICITY, CONTRACT, MORAL, ORPRIVACY RIGHTS),(C) VIOLATION BY YOU OF ANY APPLICABLE LAW, RULE OR REGULATION,OR (D)NEGLIGENCE, RECKLESSNESS, OR WILLFUL MISCONDUCT ON YOUR PART, OR(E)UNAUTHORIZED USE OF YOUR PARTICIPANT INFORMATION BY A PARTY OTHER THANRXBID.
RxBid controlsand operates RxBid.com from its offices within the United States. If you chooseto access RxBid.com from other locations, you do so at your own risk and initiativeand are responsible for compliance with any applicable local laws. You agreethat your rights and obligations related to this Agreement,RxBid and your use of RxBid.com or the RxBid Services shall beinterpreted and construed in accordance with the laws of the State ofWisconsin, without regard to its conflict of laws principles.
Youunderstand and agree that the RxBid Services and Participant Services maybe controlled for export purposes. You agree to comply with all United Statesexport laws and regulations including, but not limited to, the United StatesExp or Administration Regulations, International Traffic in Arms Regulations, directivesand regulations of the Office of Foreign Asset Control, treaties, ExecutiveOrders, laws, statutes, amendments, and supplement thereto. You assume soleresponsibility for any required export approval and/or licenses and all relatedcosts and for the violation of any United States export law or regulation. Youacknowledge that export of products or services and any related documentation,in whole or part, contrary to United States law is prohibited. You agree thatno part of the RxBid Services or Participant Services available throughRxBid.com, either in whole or part, are being acquired for shipment, transfer,or re-export, directly or indirectly, to proscribed, embargoed, or prohibitedcountries or their nationals, denied destinations, or for prohibited activitiesor for weapons. Proscribed countries, destinations, and people are set forth inthe United States Export Administration Regulations, and the Office of ForeignAsset Control's Specially Designated Nationals list, and are subject to changewithout further notice from RxBid.
15.Dispute Resolution (Binding Arbitration).
Ifa dispute, claim, or controversy ("Dispute") arises between you andRxBid or any of the RxBid Affiliates under or in any way relating tothis Agreement, RxBid.com, or the RxBid or Participant Services(including, without limitation, arbitrability of the Dispute) that is notresolved informally within 30 days, such Dispute will be finallysettled and resolved by binding arbitration in accordance with thethen-current Commercial Arbitration Rules of the American ArbitrationAssociation using a single arbitrator (who has at least 3 years experience instructuring on-line commercial transactions and who shall have no power toaward consequential, punitive or exemplary damages), with the arbitration to becommenced within one (1) year after the factual basis for such Dispute becomesknown -- otherwise all rights, claims and causes of action relating to theDispute shall be deemed irrevocably waived. A judgment upon anarbitrator's award may be entered in any court of competent jurisdiction. Anyarbitration hearing shall be held in Milwaukee, WI, USA or Denver, CO, USA(whichever is located closest in miles to you), with these to be exclusivevenues to which you hereby expressly consent. Except as prohibited byapplicable law, you waive any right to trial by judge or jury, torecovery of consequential damages and to pursue or participate in aconsolidated or class action arbitration related to this Agreement or theRxBid or Participant Services. Each party shall bear their ownexpenses of the arbitration and shall equally share the fees and expenses ofthe arbitrator except that if you obtain a favorable award, you shall alsorecover a percentage of your expenses and share of the fees and expenses of thearbitrator equal to the amount of the award in relation to the amount inDispute (provided such percentage is at least 51% of the amount in Dispute).
Thisarbitration requirement shall not preclude a party from at any time seekingtemporary equitable relief in the form of a preliminary injunction, temporaryrestraining order or the like as necessary to preserve the status quo or preventirreparable injury pending resolution of the Dispute in arbitration --provided,however, the exclusive jurisdiction and venue for such an action shall be inthe state or federal courts in Milwaukee, WI or Denver, CO(whichever is locatedcloset in miles to you), and each party consents to personal jurisdiction inthose courts for such purposes.
RxBid isan independent contractor and shall not at any time or under any circumstancesbe considered an agent or representative of any Participant of RxBid.com. Nojoint venture, partnership, or like relationship is created between the partiesby this Agreement.
Theheadings of the sections in this Agreement are strictly for convenience ofreference only and shall not in any way be construed as amplifying or limitingany of the terms, provisions or conditions of this Agreement.
Ifany provision of this Agreement shall be held to be invalid or unenforceablefor any reason: (a) such invalidity or unenforceability shall not affect anyother provision of this Agreement; (b) the remaining terms, covenants andconditions hereof shall remain in full force and effect; and (c) the invalid orunenforceable provision shall be automatically modified, with the least changesnecessary, so as to make it valid and enforceable.
Nofailure to exercise and no delay in exercising, by RxBid, any right, power orprivilege under this Agreement shall operate as a waiver thereof, except asotherwise expressly provided in this Agreement or in writing by RxBid's chiefoperating officer. Any waiver by RxBid of a breach of any provision ofthis Agreement shall not be deemed to be a waiver of any other or subsequentbreach and shall not be construed to be a modification of the terms of thisAgreement unless and until agreed to in writing by RxBid.
Allnotices and communications concerning this Agreement shall be in writing andaddressed to RxBid as follows:
Secure Medical, Inc.
Attn: Legal Department
2905 Universal Street, Suite 220
Oshkosh, WI 54904
Noticesshall be sent by certified U.S. Mail, return receipt requested, or bycommercial overnight delivery service which provides acknowledgement ofdelivery and shall be deemed delivered: if sent by U.S. Mail, five (5) daysafter deposit, or if sent by commercial overnight delivery service, uponverification of receipt.
19.Modification of Terms.
RxBid reservesthe right to amend the terms of this Agreement at any time, for any reason, andwithout notice, including the right to terminate the RxBid or Participant Servicesor any part thereof. Any amendments and modifications made by RxBid will beprospective only, and unless otherwise provided in this Agreement, will be effectiveupon being posted on RxBid.com.
20.Links to Third Party Sites.
RxBid.comcontains links to third party websites. These links will allow you to leaveRxBid.com. The linked sites are not under the control of RxBid, andRxBid is not responsible for the contents of any linked site. The linksare provided as a convenience, and RxBid does not endorse, sponsor, orrecommend any linked site or its contents.
RxBid mayinclude third party information in RxBid.com for general informational purposesonly. RxBid is unable to verify the accuracy or completeness of thirdparty information posted to RxBid.com or accessible from RxBid.com.Consequently, you agree RxBid does not guarantee, and is not liable to youfor, the accuracy, results, completeness, authorship or suitability of anythird party content and RxBid is not obligated to maintain, verify, updateor post any corrections to such third party information for any reason. Nothingin RxBid.com or the Services referencing any third parties with whomRxBid conducts business, and nothing in this Agreement, shall be deemed tocreate any agency relationship or affiliation with, or endorsement orsponsorship of, such third parties or you or make the third parties or yourpartners or joint ventures with RxBid, or otherwise provide you or any thirdparties with any rights to act on RxBid’s behalf.
ThisAgreement is effective until changed by RxBid or terminated by you orRxBid for any reason whatsoever. If you no longer agree to be bound bythis Agreement (as amended from time to time), you must cease use of RxBid.com.RxBid reserves the right to suspend or deny, in its sole discretion, youraccess to all or any portion of RxBid.com with or without notice at any timeand for any reason. You agree that any termination, restriction, or suspensionof your access to RxBid.com may be made without prior notice, and youacknowledge that RxBid may immediately deactivate or delete your accountand all related information and files in the account and bar you from anyfurther access to the files or RxBid.com. You agree that RxBid shall notbe liable to you or any third-party for any termination, restriction, orsuspension of access to RxBid.com under any circumstances whatsoever.
RxBid reservesthe right to access Participant Information and to remove any materials that donot conform to this Agreement—although RxBid shall be under no affirmativeobligation to monitor any of the foregoing or to otherwise screen or monitor anycommunications or information prior to its posting. You agree thatRxBid has the right, but is not obligated, to monitor your use ofRxBid.com and any communications made by you related to such use in any manner.You release RxBid from any liability relating to its monitoringactivities. RxBid may also warn its Participants of any actual orsuspected improper actions by you. If RxBid denies you access toRxBid.com, you agree to destroy all materials obtained from RxBid.com and allcopies of those materials with the exception of your personal account materials.
RxBid usescertain First Databank Knowledge Bases ("First Databank LicensedProducts") from First Databank, a division of First Databank, Inc.("First Databank"). To the extent you receive content or materialfrom RxBid.com that has been licensed from First Databank or created usingFirst Databank Licensed Products; you agree to and accept the followingadditional terms and conditions with regard to First Databank:
a. Medical Disclaimers. RxBid.com is designedto offer you general health information for educational purposes only. Thehealth information furnished on this Website and the interactive responses arenot intended to be professional advice and are not intended to replace personalconsultation with a qualified physician, pharmacist or other healthcareprofessional. You must always seek the advice of a professional for questionsrelated to your disease, disease symptoms, and appropriate therapeutictreatments. If you have or suspect that you have a medical problem orcondition, please contact a qualified healthcare provider immediately. Youshould never disregard medical advice or delay in seeking it because of somethingyou have read on this Website.
First Databank does not make any warranty that the content on this site satisfiesgovernment regulations requiring disclosure of information on prescription drugproducts. The content was developed for use in the United States, and neitherwe nor our content providers make any representation concerning the contentwhen used in any other country. While information on this site has beenobtained from sources believed to be reliable, neither we nor our contentproviders warrant the accuracy of codes, prices or other data contained on thissite. First Databank does not give medical advice, nor does First Databankprovide medical or diagnostic services. Medical information changes rapidly.Neither First Databank nor our content providers guarantee that the contentcovers all possible uses, directions, precautions, drug interactions, oradverse effects that may be associated with any therapeutic treatments.
Your reliance upon information and content obtained by you at or through this Websiteis solely at your own risk. Neither First Databank nor our content providersassume any liability or responsibility for damage or injury (including death)to you, other persons or property arising from any use of any product,information, idea or instruction contained in the content or services providedto you.
b. Liability Disclaimers. First Databank'scontent providers have utilized reasonable care in collecting and reporting theinformation contained in the First Databank Licensed Products on this Websiteand have obtained such information from sources believed to be reliable.However, the content providers do not warrant the accuracy of the informationin the Website, nor of codes, prices or other data available on this Website.Information reflecting prices is not a quotation or offer to sell or purchase.The clinical information contained in the information is intended as asupplement to, and not a substitute for, the knowledge, expertise, skill, and judgmentof physicians, pharmacists, or other healthcare professional’s inpatient care.The absence of a warning for a given drug or drug combination should not be construedto indicate that the drug or drug combination is safe, appropriate or effectivein any given patient.
FIRST DATABANK AND ITS CONTENT PROVIDERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESSOR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATIONISCOMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OFTHEINFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIM THEIMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU USE THIS WEBSITE AND THE MATERIAL AND INFORMATION ON THE WEBSITE AT YOUROWN RISK. FIRST DATABANK AND ITS INFORMATION PROVIDERS SHALL NOT BE LIABLEFORANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE WEBSITE, ANDINCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OFTHEPOSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENTBETWEEN YOU AND FIRST DATABANK), FIRST DATABANK (OR OUR CONTENT PROVIDERS ORSPONSORS/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM ORDAMAGE,YOU AND FIRST DATABANK (ON BEHALF OF OURSELVES AND OUR CONTENT PROVIDERSANDSPONSORS/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCESUCCEED $1,000. YOU AND FIRST DATABANK (ON BEHALF OF OURSELVES AND OUR CONTENTPROVIDERS AND SPONSORS/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OFLIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FIRST DATABANK (ANDOUR CONTENT PROVIDERS AND SPONSORS/ADVERTISERS) AND REFLECTS THE FEES, IF ANY,FIRST DATABANK CHARGES YOU (THROUGH RXBID) TO USE THIS WEBSITE, THE SERVICESAND THE CONTENT. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATIONOF LIABILITY, THIS WEBSITE, THE SERVICES AND CONTENT WOULD NOT BE PROVIDED TOYOU.
c. Restrictions. Unless authorized in aseparate written agreement with First Databank and RxBid, no First Databankmaterials from RxBid.com may be copied, reproduced, republished, uploaded,posted, transmitted, commercialized or distributed in any way except that youmay download one copy of the materials on any single computer for yourpersonal, non-commercial home use only, provided you keep intact all copyrightand other proprietary notices. Modification of the materials or use of thematerials for any other purpose is a violation of our content provider'scopyright and other proprietary rights. The use of any such material on any otherwebsite or networked computer environment is prohibited. All rights, title andinterest in and to the materials on this site (including but not limited to allcopyrights, trademarks, service marks, trade names and all derivative works)are owned or controlled by and shall remain at all times vested in the siteoperator and its content providers.
23.University of the Sciences in Philadelphia
Youacknowledge and agree that the information and other content("Information") provided on this Web site to any prescribingphysician, qualified health service provider, consumer or other party usingthis Web site (each, a "User") (including the therapeuticalternatives suggested from the Similar Product Price Comparison search, text,charts, graphics, images and any other material located on the Web site) arefor informational purposes only. Any therapeutic alternative derived from theSimilar Product Price Comparison search is generated from search criteria thata User has input into the search fields without Secure Medical, Inc. and/or itssuppliers having any knowledge of the patient's specific medical condition and,in some cases, this therapeutic alternative may be inappropriate in thetreatment of the patient's specific medical condition.
ThisWeb site might provide Information about specific pharmaceutical products,tests, physicians, products, procedures, opinions or other types of Informationin the form of news, articles and/or opinions that, unless otherwise statedherein, should not be construed as specific medical advice or instruction fromSecure Medical, Inc. and/or any of its suppliers. Secure Medical, Inc. and/orits suppliers do not recommend or endorse any specific pharmaceutical products,tests, physicians, products, procedures, opinions or other information that maybe mentioned on this Web site. IN THIS RESPECT, SECURE MEDICAL, INC. AND/ORITSSUPPLIERS DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THEFACTUALACCURACY OF ANY OF THE INFORMATION POSTED NOR DO THEY ADOPT ANYSTATEMENT ASTHEIR OWN OR WARRANT THE RELIABILITY OR ACCURACY OF ANY NEWS,ARTICLES AND/OROPINIONS OFFERED BY ANY AUTHORS OF THE SAME AND SECURE MEDICAL,INC. AND/OR ITSSUPPLIERS ACCEPT NO FAULT OR LIABILITY FOR ANY ERROR OR OMISSIONWITH RESPECTTO ANY SUCH MATERIALS.
ANYINFORMATION PROVIDEDON THIS WEB SITE IS neither INTENDED NOR IMPLIED TOCONSTITUTE OR BE A SUBSTITUTEFOR ANY PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS ORTREATMENT. THIS WEB SITE DOESNOT PURPORT TO DIRECTLY OR INDIRECTLY PRACTICEMEDICINE OR DISPENSE ANY MEDICALADVICE AS PART OF THE SERVICE THAT IT PROVIDES.If you rely on any Information provided by us, our employees, others appearingon this Web site at our invitation, or other visitors to this Web site, you doso solely at your own risk.
IFANY USER OF THIS WEBSITE IS NOT A QUALIFIED PRESCRIBING PHYSICIAN OR OTHERHEALTH SERVICE PROVIDER, SUCH PARTY SHOULD VISIT OR SEEK THE ADVICE OF AQUALIFIED PRESCRIBING PHYSICIANOR OTHER HEALTH SERVICE PROVIDER WITH ANYQUESTIONS REGARDING A MEDICALCONDITION OR PHARMACEUTICAL PRODUCT AND SHOULDNEVER DISREGARD PROFESSIONALMEDICAL ADVICE OR DELAY IN SEEKING PROFESSIONALMEDICAL ADVICE BECAUSE OF ANYINFORMATION THAT IS PROVIDED ON THIS WEB SITE. IFYOU THINK YOU MAY HAVE AMEDICAL EMERGENCY, CALL YOUR PHYSICIAN OR 911IMMEDIATELY.
SecureMedical, Inc. and/or its suppliers specifically disclaim all warranties, eitherexpress or implied, including, without limitation, any warranty orresponsibility as to, of, or for: (i) your use of the Web Site, including butnot limited to damages resulting or arising from mistakes, errors, omissions, interruptions,deletions, defects, delays in transmission, any computer viruses, infections,worms, trojan horses or other code that manifest contaminating or destructiveproperties, communication line failures, non-deliveries, theft or unauthorizedaccess of information or any failure or performance of the Web Site; (ii)ANYDIAGNOSIS, TREATMENT, DECISION MADE OR ACTION TAKEN IN RELIANCE UPONINFORMATIONCONTAINED IN THIS WEB SITE OR ANY OTHER INTERNET WEB SITES LINKEDTO IT IN ANYWAY or any informational content completeness or accuracy relating to the WebSite or any other sites linked to it; (iii) any denial or restrictionof your access to the Web Site in any manner by Secure Medical, Inc.; or (iv)the quality, suitability, accuracy, functionality or operation of the Web Site.Without limiting the foregoing, everything on the Site is provided to you"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSOR IMPLIED,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that somejurisdictions may not allow the exclusion of implied warranties, so some of theabove exclusions may not apply to you. Check your local laws foray restrictionsor limitations regarding the exclusion of implied warranties.
INNO EVENT SHALL SECUREMEDICAL, INC. OR ANY OF ITS SUPPLIERS HAVE ANY LIABILITYTO ANY USER FOR ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVEOR CONSEQUENTIALDAMAGES WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE,INTENDED CONDUCT OROTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE ANDSTRICT LIABILITY INTORT)), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROMDELAY, LOSS OFGOODWILL, LOSS OF OR DAMAGE TO DATA, LOST PROFITS, REVENUE ORSAVINGS (ACTUALOR ANTICIPATED) OR OTHER ECONOMIC LOSS IN CONNECTION WITH ORENSUING FROM THEUSE OF THIS WEB SITE OR THE INFORMATION PROVIDED ON THIS WEBSITE, EVEN IF SECUREMEDICAL, INC. OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OFTHE POSSIBILITY OFSUCH DAMAGES. IN THE EVENT THAT THE FOREGOING LIMITATION OFLIABILITY IS HELDTO BE UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITYOF SECUREMEDICAL, INC. AND/OR ITS SUPPLIERS FOR ANY OF THE FOREGOING TYPES OFDAMAGESSHALL BE LIMITED TO THE GREATER OF (I) ANY FEE PAID BY YOU TO SECUREMEDICAL,INC. IN CONNECTION WITH YOUR USE OF THE WEB SITE OR THE TRANSACTIONOVER THEWEB SITE THAT GAVE RISE TO THE CLAIM FOR THE [TWELVE (12)] MONTHS PRIORTO THECLAIM OR (II) [ONE HUNDRED DOLLARS ($100.00)].
ThisAgreement, and any policies referenced in this Agreement, constitutes theentire agreement between you and RxBid related to RxBid.com and theRxBid Services. All prior agreements, representations, statements,negotiations, and undertakings with respect to the subject matters of thisAgreement are superseded by the provisions of this Agreement. Neither thisAgreement nor any of its provisions may be amended, altered or added to in anymanner except as set forth in a duly authorized amendment to this Agreement orotherwise in writing and signed by the chief operating officer of RxBid. Ifthere is a conflict between the terms of this Agreement and any terms appearingon RxBid.com or in any policies, those terms that are most favorable toRxBid shall govern.
25.Copyright Agent for Claims of Copyright Infringement.
Pursuantto the Digital Millennium Copyright Act, RxBid designates the agent belowto receive notifications of claimed copyright infringement. If you reasonablybelieve that your work has been copied in a way that constitutes copyrightinfringement, please provide to RxBid's designated agent the followinginformation:
a. an electronic or physical signature of theperson authorized to act on behalf of the owner of the copyright interest;
b. a description of the copyrighted work thatyou claim has been infringed;
c. a description of where the material thatyou claim is infringing is located on RxBid.com;
d. your address, telephone number, and e-mailaddress;
e. a statement by you that you have a goodfaith belief that the disputed use is not authorized by the copyright owner,its agent, or the law;
f. a statement by you, made under penalty ofperjury, that the information included in your notification is accurate andthat you are the copyright owner or authorized to act on behalf of thecopyright owner.
RxBid'sdesignated agent for notification may be contacted at:
Secure Medical, Inc.
Attn: Legal Department
5801 South McClintock Drive, Suite 107
Tempe, AZ 85283
26.Survival of Obligations.
Theprovisions of this Agreement that by their nature are intended to survivebeyond the termination, cancellation or expiration of this Agreement shallsurvive.
27.Consumer Consent to Electronic Delivery and Notice.
(a)Consent. By clicking the "I Agree" button below, you consent toreceive notices (such as the Notice of Privacy Practices for example) solely inelectronic format from RxBid. Please regularly check RxBid.com for updates tonotices. We will post to RxBid any changes in hardware or softwarerequirements needed to access the notices.
(b)Delivery Considerations. To access RxBid.com, you must have accessto a personal computer with appropriate browser software, such as the mostcurrent version of Microsoft Internet Explorer or Netscape Communicator and communicationsaccess to the Internet. To print and save notices, you must have access to aprinter.
(c)Duration and Withdrawal of Consent. Your consent will be effectiveindefinitely. If you would like a paper copy of notices, please contact us atthe address or phone number above. We reserve the right to send you papercopies of any documents or notices that you have consented to receiveelectronically or that are not available electronically and to discontinuesending updated notices electronically to you at any time.
(d)Access Costs. We do not charge you additional fees to access or receive noticeselectronically. However, you may incur costs from your Internet accessprovider. telephone company or other third parties to access or print thenotices. These costs are borne by you.
Byclicking on the "I Agree" button below, you (a) represent that youhave read, understand, agree to, are bound by, meet, and will continue to meet,all of the terms and conditions above, (b) agree that you are providing thelegal equivalent of your handwritten signature, and (c) agree to print and/orsave a copy of this Agreement for your records. This Agreement is effective asof the date you click on "I Agree." Before clicking on the "I Agree"button below, please scroll up through this Agreement to reviewimportant provisions regarding arbitration, limitation of RxBid's and itscontent providers' liability, waivers and indemnities, and other importantprovisions. The fees and other charges for RxBid's Services are based upon youracceptance, and the enforceability, of the arbitration, liability limitations,waivers and indemnity provisions -- in absence of which such fees and costswould be increased to compensate for the potential additional businessexpenses.