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Ncapsul, Inc Terms of Use Agreement
Read This Terms of Use Agreement Before
Registering on the Ncapsul, Inc websites
Effective Date: This Terms of Use Agreement was last updated in
July 2009
.
This Terms of Use Agreement sets forth the standards of use of the
Ncapsul, Inc Online Service. By using the www.capsulcard.com and/or
www.ncapsul.com website(s) you (the "Member") agree to these terms and
conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We
reserve the right, at any time, to modify, alter, or update the terms
and conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at
www.capsulcard.com and/or www.ncapsul.com . Your continued use of the
Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in
this paragraph, this Agreement may not be amended.
- Description of Service
Ncapsul, Inc is providing Member with a website that allows the member
to: 1) create a member-specific profile documenting his or her
medications and select health information (ie. health care provider,
pharmacy information, allergies) 2) order a durable card with this
information printed on the surface and 3) Access to a licensed and board certified pharmacists to get their medication related questions answered. Member must provide (1) all
equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member’s access to the
Internet, and (3) pay any fees related with such connection.
- General Disclaimer
Ncapsul, Inc makes no guarantee regarding the completeness or accuracy
of the information entered. Information on the card is generated based
on the information supplied by the user completing this card. Any risk
arising from the use of the information entered in the member-specific
profile and/or printed card remains with the user. Please also be advised that all medical information provided by NCaspsul pharmacists are for informational purposes only and does not replace consultation with your healthcare provider.
- Medical Disclaimer
This site and its products/services (e.g. CapsulCard, Ask Our
Pharmacists) are not designed to and do not provide medical advice,
professional diagnosis, opinion, treatment or services to you or to any
other individual. This site provides general information for
educational purposes only. The information provided in this site, its
products/services, and through linkages to other sites, is not a
substitute for medical or professional care, and you should not use the
information in place of a visit, call consultation, or the advice of
your physician or other healthcare provider. Ncapsul, Inc is not liable
or responsible for any information, course of treatment, diagnosis or
any other information, services or product you obtain through this
site.
IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD IMMEDIATELY
CALL 911 OR YOUR PHYSICIAN/PRIMARY HEALTH CARE PROVIDER. If you
believe you have any other health problem, or if you have any questions
regarding your health or a medical condition, you should promptly
consult your physician or other healthcare provider. Never disregard
medical or professional advice, or delay seeking it, because of
something you read or purchase from this site (products/services).
Never rely on information on this website or the website�s
products/services (e.g. CapsulCard, Ask Our Pharmacists) in place of
seeking professional medical advice. You should also ask your physician
or other healthcare provider to assist you in: 1) interpreting any
information in this Site or its products/services, 2) information in
the linked websites, or 3) in applying the information to your
individual case. The primary responsibility of your disease management
plan is with your treating physicians (or other health care providers)
and you should only follow your treating physicians� (or other health
care providers�) advice. DO NOT change/modify your disease management
plan on your own without consulting your treating physicians (or other
health care providers).
Medical information changes constantly. Therefore the information on
this Site, through this site�s products/services, or on the linked
websites should not be considered current, complete or exhaustive, nor
should you rely on such information to recommend a course of treatment
for you or any other individual. Reliance on any information provided
on this Site, through this site�s products/services, or any linked
websites is solely at your own risk.
- Disclaimer of Warranties
The site is provided by Ncapsul, Inc on an "as is" and on an "as
available" basis. To the fullest extent permitted by applicable law,
Ncapsul, Inc makes no representations or warranties of any kind,
express or implied, regarding the use or the results of this web site
in terms of its correctness, accuracy, reliability, or otherwise.
Ncapsul, Inc shall have no liability for any interruptions in the use
of this Website. Ncapsul, Inc disclaims all warranties with regard to
the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
- Limitation of Liability
NCAPSUL, INC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN
PARTICULAR NCAPSUL, INC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS
OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE
OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN
CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR
OTHERWISE, EVEN IF NCAPSUL, INC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold Ncapsul, Inc, its parents,
subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs,
made by any third party due to or arising out of Member’s use of
the Service, the violation of this Agreement, or infringement by
Member, or other user of the Service using Member’s computer, of
any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Ncapsul, Inc reserves the right to modify or discontinue the Service
with or without notice to the Member. Ncapsul, Inc shall not be liable
to Member or any third party should Ncapsul, Inc exercise its right to
modify or discontinue the Service. Member acknowledges and accepts that
Ncapsul, Inc does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances outside
of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet that are
owned and operated by online merchants and other third parties. You
acknowledge that we are not responsible for the availability of, or the
content located on or through, any third-party site. You should contact
the site administrator or webmaster for those third-party sites if you
have any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms of
use and privacy policies of each site, and we are not responsible
therein. We encourage all Members to review said privacy policies of
third-parties’ sites.
- Disclaimer Regarding Accuracy of Vendor Information [Optional
Clause]
Product specifications and other information have either been provided
by the Vendors or collected from publicly available sources. While
Ncapsul, Inc makes every effort to ensure that the information on this
website is accurate, we can make no representations or warranties as to
the accuracy or reliability of any information provided on this
website.
Ncapsul, Inc makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you
acknowledge that any reliance on representations and warranties
provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts [Florida]
Our website is operated and provided in the State of Florida. As such,
we are subject to the laws of the State of Florida, and such laws will
govern this Terms of Use, without giving effect to any choice of law
rules. We make no representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of Florida.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for
compliance with any such laws. Member may not use the Service in any
way that violates applicable state, federal, or international laws,
regulations or other government requirements. Member further agrees not
to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or
regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design,
text, graphics, interfaces, and the selection and arrangements thereof
is ©2008 Ncapsul, Inc, with all rights reserved, or is the
property of Ncapsul, Inc and/or third parties protected by intellectual
property rights. Any use of materials on the website, including
reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data
mining, or other commercial exploitation of any kind, without prior
written permission of an authorized officer of Ncapsul, Inc is strictly
prohibited. Members agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web
pages or the content contained therein without prior written permission
of an authorized officer of Ncapsul, Inc.
Ncapsul, Inc™, CapsulCard™, www.capsulcard.com, and
www.ncapsul.com are proprietary marks of Ncapsul, Inc. Ncapsul,
Inc’s trademarks may not be used in connection with any product
or service that is not provided by Ncapsul, Inc, in any manner that is
likely to cause confusion among customers, or in any manner that
disparages or discredits Ncapsul, Inc.
All other trademarks displayed on Ncapsul, Inc’s website are the
trademarks of their respective owners, and constitute neither an
endorsement nor a recommendation of those Vendors. In addition, such
use of trademarks or links to the web sites of Vendors is not intended
to imply, directly or indirectly, that those Vendors endorse or have
any affiliation with Ncapsul, Inc.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Ncapsul, Inc designates
the following individual as its agent for receipt of notifications of
claimed copyright infringement.
By Mail:
Ncapsul, Inc-Compliance
1840 Coral Way; Suite 4-583; Miami, FL 33145
By Telephone: 1-877-707-2336
By Email: info@ncapsul.com
- Botnets
Ncapsul, Inc retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, Ncapsul,
Inc reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at our
discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void
or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and
shall remain valid and enforceable to the maximum possible extent. You
agree that this Terms of Use Agreement and any other agreements
referenced herein may be assigned by Ncapsul, Inc, in our sole
discretion, to a third party in the event of a merger or acquisition.
This Terms of Use Agreement shall apply in addition to, and shall not
be superseded by, any other written agreement between us in relation to
your participation as a Member. Member agrees that by accepting this
Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices
described in our Privacy Policy Statement [if applicable].
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