This website is owned by NexRX LLC, 127 W. Fairbanks Ave. #313, Winter Park, FL 32789 (“NexRX LLC”).
1. Your Acceptance
1.1. By using and/or visiting this website, including all content available through the site (collectively the “NexRX Website”), you signify your consent and agreement to these terms and conditions of use (the “Terms and Conditions”).
1.2. If you do not agree to the Terms and Conditions, please do not use the NexRX Website.
1.3. Please note that we may require you to register to perform certain functions and access certain areas of the NexRX Website, and you will be required to agree to NexRX LLC’s Toll Free Number Single Use Agreement to acquire the limited right to use any telephone numbers and/or domain names offered on the NexRX Website.
2. Ability to Accept Terms and Conditions
2.1.You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
2.2.You affirm that you are over the age of 13, as the NexRX Website is not intended for children under 13.
2.3. If you are under 13 years of age, then please do not use the NexRX Website—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
3.Website Access and Use
3.1NexRX LLC hereby grants you permission to use the NexRX Website as set forth herein, provided that:
- your use of the NexRX Website is solely for your personal use;
- you will not copy or distribute any part of the NexRX Website in any medium without NexRX LLC’s prior written authorization;
- you will not alter or modify any part of the NexRX Website; and
- you agree that the information provided on the NexRX Website is provided for convenience or information only.
3.2. We may use “cookie” and/or “web beacon” technology to provide features for the NexRX Website. While all browsers are different, you may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. However, you may have to enable cookies in order to use and access the NexRX Website.
3.3.You agree not to (i) use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and any other similar or analogous system and (ii) not to effect fraudulent or untrue request messages to NexRX LLC’s servers or to engage third persons to effect fraudulent or untrue request messages to NexRX LLC’s servers.
3.4. Notwithstanding the foregoing, NexRX LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not to create caches or archives of such materials. NexRX LLC reserves the right to revoke these exceptions either generally or in specific cases.
4. Links To and From the NexRX Website
4.1. The NexRX Website may contain links to third party websites that are not owned or controlled by NexRX LLC, and such links should not be interpreted as an endorsement of any company, content or products to which the NexRX Website links. NexRX LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
4.2. NexRX LLC disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked website. By using the NexRX Website, you expressly relieve NexRX LLC from any and all liability arising from your use of any third-party website.
4.3. NexRX LLC permits you to link to only the main or “home” page of the NexRX Website. “Deep links” to sub webpages are not permitted.
5. Intellectual Property Rights
5.1. The NexRX Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to NexRX LLC, its affiliates or associates, and are subject to copyright, trademark, and other intellectual property rights under applicable laws.
5.2. The NexRX Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for purpose not authorized herein without the prior written consent of NexRX LLC.
5.3. You agree to not engage in any use, copying, or distribution of any content available from or through the NexRX Website, other than expressly permitted herein.
5.4. If you download or print a copy of content from the NexRX Website for personal use, you must retain all copyright and other proprietary notices contained therein
5.5. You agree not to circumvent, disable or otherwise interfere with security related features of the NexRX Website or features that prevent or restrict use or copying of any content or the NexRX Website.
5.6. NexRX LLC reserves all rights not expressly granted herein.
6. Warranty Disclaimer
6.1. You agree that your use of the NexRX Website shall be at your sole risk.
6.2. To the fullest extent permitted by law, NexRX LLC, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the NexRX Website and your use thereof.
6.3.The NexRX Website is provided AS IS and NexRX LLC makes no warranties or representations about the accuracy or completeness of this site’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the NexRX Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the NexRX Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the NexRX Website, and/or (vi) any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via the NexRX Website.
6.4. NexRX LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the NexRX Website, and NexRX LLC will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
7.1. In no event shall NexRX LLC, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your access to and use of the NexRX Website, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from the NexRX Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our NexRX Website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of the NexRX Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
7.2.The NexRX Website is controlled and offered by NexRX LLC from its facilities in the United States of America. NexRX LLC makes no representations that the NexRX Website is appropriate or available for use in other locations. Those who access or use the NexRX Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8.1.You agree to defend, indemnify and hold harmless NexRX LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms and Conditions; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of these Terms and Conditions and your use of the NexRX Website.
9.1.NexRX LLC reserves the right to discontinue, modify, and alter any and all aspects of the NexRX Website at any time and without notice.
9.2. NexRX LLC reserves the right to immediately terminate your access to the NexRX Website if NexRX LLC determines that you are in breach of the Terms and Conditions.
10.1.You agree that: (i) the NexRX Website shall be deemed solely based in the State of Florida; (ii) the NexRX Website shall be deemed a passive website that does not give rise to personal jurisdiction over NexRX LLC, either specific or general, in jurisdictions other than the State of Florida, and (iii) by accepting the Terms and Conditions you are submitting yourself to the jurisdiction of the State of Florida, USA for any issues related to the Terms and Conditions and/or your use of the NexRX Website.
10.2.These Terms and Conditions shall be governed by the laws of the State of Florida without respect to its conflict of laws principles. Any claim or dispute between you and NexRX LLC that arises in whole or in part from the NexRX Website shall be decided exclusively by a court of competent jurisdiction located in the State of Florida. These Terms and Conditions, together with and any other legal notices published by NexRX LLC on the NexRX Website, shall constitute the entire agreement between you and NexRX LLC concerning the NexRX LLC NexRX Website.
10.3.If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
10.4.No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and NexRX LLC’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
10.5.NexRX LLC reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.
10.6.Your use of the NexRX Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
10.7. You and NexRX LLC agree that any cause of action arising out of or related to the NexRX LLC NexRX Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently time barred.