PK Software TERMS AND CONDITIONS OF USE
Welcome to the rxcmpd.com web site. PK Software, its parent, subsidiary and affiliated
companies ("PKS") maintain this site ("Site") for your personal entertainment, information,
education, and communication. Please feel free to browse the Site at any time; however,
by browsing this Site, you are subject to the terms and conditions ("Terms and Conditions")
of this Site. By accessing this Site, you accept, without limitation or qualification,
the following Terms and Conditions. If you do NOT accept the Terms and Conditions,
then please discontinue your use of this Site.
TERMS AND CONDITIONS
Use of Site
PKS reserves the right, in its sole discretion, to amend the Terms and Conditions,
and to modify, add or discontinue any aspect, content, or feature of the Site. Such
amendments, modifications, additions, deletions shall become effective upon notice
thereof, which may be provided to you by posting on the Site, via e-mail or any
other means. Continued use of the Site by you shall constitute your binding acceptance
of any such amendments, modifications, additions or deletions. The Site is owned
and operated by PKS and its affiliated companies and contains material that is derived
in whole or in part from material supplied and owned by PKS and other sources. Such
material is protected by copyright, trademark, and other applicable laws. You may
not modify, copy, reproduce, republish, upload, post, transmit, publicly display,
prepare derivative works based on, or distribute in any way any material from the
Site, including but not limited to text, audio, video, code and software. During
your visit, however, you may download material displayed on the Site for non-commercial,
personal use only (provided that you also retain all copyright and other proprietary
notices contained on the materials). PKS neither warrants nor represents that your
use of materials displayed on the Site will not infringe rights of third parties
not owned by or affiliated with PKS.
Disclaimer of Warranties
While PKS uses reasonable efforts to include up to date information in the Site,
PKS makes no warranties or representations as to its accuracy, timeliness, reliability,
completeness or otherwise. PKS has provided links and pointers to Internet sites
maintained by third parties ("Third Party Sites") and may from time to time provide
third party materials on the Site. Neither PKS, its parent, subsidiary companies,
affiliates, or suppliers operate or control in any respect the information, products
or services on these Third Party Sites. The content, materials, and products or
services available in or accessible through the Site are AS IS and, to the fullest
extent permissible pursuant to applicable law, PKS DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM
A COURSE OF PERFORMANCE OR COURSE OF DEALING. PKS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED
OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT
MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY
FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR
THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION, AND FOR MAINTAINING
ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE
THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH,
MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY
FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER
SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL PKS, ITS PARENT OR SUBSIDIARY COMPANIES
OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, PKS'S
REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EVEN IF PKS OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES,
WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE,
OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT PKS, ITS PARENT OR SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER OF THE SITE.
Submissions
While we are always happy to hear from you, it is PK Software's policy not to accept
or consider ideas, or suggestions other than those we specifically request. This
is to avoid any misunderstandings if your ideas are similar to those we have developed
independently. Any communication or material you do transmit to the Site by electronic
mail or otherwise will be treated as non-confidential and non-proprietary. Anything
you transmit or post shall be deemed the property of and may be used by PK Software,
or its affiliates, for any purpose. Furthermore, PK Software is free to use and
shall be deemed to own, any ideas, concepts, know-how, or techniques contained in
any communication you send to the Site for any purpose whatsoever, including, but
not limited to, developing, manufacturing and marketing products using such information.
Disclosure, submission, or offer of any submissions to the Site shall constitute
an assignment to PKS of all worldwide rights, titles, and interests in all copyrights
and other intellectual property rights in such submission. PKS may edit, copy, publish,
distribute, translate, and otherwise use in any medium any submission that you forward
to PKS and will own exclusively all such rights, titles, and interest and shall
not be limited in any way in its use, commercial or otherwise, of the submission.
PKS is and shall be under no obligation to: (1) maintain any of your or any user's
submissions in confidence; (2) to pay to you or any user any compensation for any
submissions; or (3) to respond to any of your or any other user's submissions.
Trademarks
The trademarks, logos, and service marks (collectively the "Trademarks") displayed
on the Site are registered and unregistered Trademarks of PKS and others. Nothing
contained on the Site should be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any Trademark displayed on the Site without
the written permission of PKS or such third party that may own the Trademarks displayed
on the Site. Your misuse of the Trademarks displayed on the Site, or any other content
on the Site, except as provided in these Terms and Conditions, is strictly prohibited.
You are also advised that PKS will aggressively enforce its intellectual property
rights to the fullest extent of the law, including seeking of criminal prosecution.
Merchants
Your correspondence or business dealings with, or participation in promotions of,
merchants found on or through the Site, including payment and delivery of related
goods or services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such merchant. PKS will
NOT be responsible or liable for any loss and/ or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such merchants
on the Site.
Chat Rooms / Message Boards/ Bulletin Boards
The Site may provide you and other users an opportunity to submit, post, display,
transmit and/or exchange information, ideas, opinions, photographs, images, video,
creative works or other information, messages, transmissions or material to us,
the Site or others ("Post" or "Postings"). Postings do not reflect the views of
PKS; and PKS does not have any obligation to monitor, edit, or review any Postings
on the Site. PKS assumes NO responsibility or liability arising from the content
of any such Postings nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger, or inaccuracy contained in any information
within such Postings on the Site. You are strictly prohibited from posting or transmitting
any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law. PKS will fully cooperate with any law enforcement authorities or
court order requesting or directing Universal to disclose the identity of anyone
posting any such information or materials.
Indemnification
You agree to indemnify, defend and hold PKS and its parent, affiliates, and their
respective officers, directors, owners, employees, agents, information providers
and licensors (collectively the "Indemnified Parties") harmless from and against
any and all claims, liability, losses, actions, suits, costs and expenses (including
attorneys' fees) arising out of or incurred by any breach by you of these Terms
and Conditions. PKS reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, and
in such case, you agree to cooperate with PKS's defense of such claim.
Registration
Should PKS choose to provide member-based services ("Services") on the Site, when
you register to use these Services, you may be required to provide certain personally
identifiable information about yourself. You agree to provide true, accurate and
complete information about yourself, and to update the information when it changes.
If you provide any information that is untrue or inaccurate, not current, or incomplete,
or if PKS suspects that your information is untrue, inaccurate, or incomplete, then
PKS may, in its sole discretion, suspend, terminate, or refuse future access to
your membership in these Services. Any personally identifiable information provided
at points of registration on the Site will be subject to the PK Software Web Site
Privacy Policy which can be read by clicking here.
Termination
PKS may, in its sole discretion, terminate your password, account (or any part thereof)
or your access to the Site, or remove and discard any Communication transmitted
by you, or information stored, sent, or received via the Site without prior notice
and for any reason, including, but not limited to: (i) concurrent access of the
Site with identical user identification numbers, (ii) permitting another person
or entity to use your user identification number to access the Site, (iii) any other
access or use of the Site except as expressly provided in this Agreement, (iv) any
violation of the terms and conditions of this Agreement or the rules and regulations
relating to the use of, the software and/or data files contained in, or accessed
through, the Site, (v) tampering with or alteration of any of the software and/or
data files contained in, or accessed through, the Site, or (vi) failure to use the
Site or portion thereof on a regular basis. You may terminate your membership hereunder
upon thirty (30) days written notice by you to PKS of your intent to terminate this
Agreement. Termination, suspension, or cancellation of this Agreement or your access
rights shall not affect any right or relief to which PKS may be entitled, at law
or in equity. Upon termination of this Agreement, all rights granted to you will
automatically terminate and immediately revert to PKS and its licensors.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, PKS hereby notifies you that parental
control protections (such as computer hardware, software, or filtering services)
are commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such protections
is available at the American Links Up web site, http://www.netparents.org. To view
information on our policy regarding the privacy of information from children under
the age of 13, please click here to read the PK Software Web Site Privacy Policy.
Export Control
The Site is controlled and Operated by PK Software from its offices within the State
of California, United States of America. Unless otherwise specified, the materials
on the Site are presented solely to promote and provide information about PKS's
products and services available in the United States. PKS makes no representation
that the materials in the Site are appropriate or available for use in other locations
and other countries. Those who choose to access the Site from other locations or
other countries do so on their own initiative and are responsible for compliance
with local laws in that territory, if and to the extent that local laws are applicable.
Software available from the Site is further subject to United States export controls.
No software from the Site may be downloaded or otherwise exported or re-exported:
(A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria,
or any other country to which the U.S. has embargoed goods, or (B) to anyone on
the U. S. Treasury Department list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By using the Site, you represent and
warrant that you are not located in, under the control of, or a national or resident
of any such country or on any such list.
Infringement Policy
PKS, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate
your license to use the Site if it determines in its sole and absolute discretion
that you are involved in infringing activity, including allege acts of first-time
or repeat infringement, regardless of whether the material or activity is ultimately
determined to be infringing. PKS accommodates and does not interfere with standard
technical measures used by copyright owners to protect their materials. In addition,
pursuant to 17 U.S.C. Section 512 (c), any notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right must
include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1)
the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site. Similarly, for materials that
are defamatory or infringe patent, trademark, or other proprietary rights of a third
party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject
of infringing activity, or that is claimed to be defamatory and that is to be removed
or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as your address,
telephone number, and/ or e-mail address.
- A statement that you have a good faith belief that use of the material, in the manner
complained, of is not authorized by the copyright or other proprietary right owner,
its agent, or the law.
-
A statement that the information in the notification is accurate, and under penalty
of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed or on behalf of the person defamed.
Governance
This agreement shall be governed by, construed and enforced in accordance with the
laws of the State of Texas, as it is applied to agreements entered into and to be
performed entirely with such state. Any action you, any third party or PKS bring
to enforce this agreement or, in connection with, any matters related to this Site
shall be brought only in either the state or Federal Courts located in New York
County, New York and you expressly consent to the jurisdiction of said courts. If
any provision of this agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement and shall not
affect the validity and enforceability of any remaining provisions. This agreement
and any posted operating rules constitute the entire agreement of the parties with
respect to the subject matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or written, between the parties with
respect to such subject matter.