TERMS OF USE

Terms

The following terms and conditions (the "Terms and Conditions") govern your use of RxKap Inc's ("Company" or "we" or "us") Website located at www.oviary.net and all associated sites linked to, controlled or hosted by us or one of our affiliates (collectively the "Site").

By accessing this Site, you are agreeing to be bound by these web site Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Only individuals 13 years of age or older may use the Site or our services. Users between the ages of 13 and 18 must review these Terms and Conditions with a parent or legal guardian to ensure that the parent or legal guardian acknowledge and agree to these Terms and Conditions and not access the Site if his or her parent or legal guardian does not agree to these Terms and Conditions.

The Site Does Not Provide Medical Advice

The contents of this site, such as text, graphics, images and information are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site.

If you think you may have a medical emergency, call your doctor or 911 immediately. RxKap Inc. does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by this site are solely at your own risk.

The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use the this site.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on RxKap Inc's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on RxKap Inc's web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by RxKap Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Children's Privacy

This site is not intended or designed for children under the age of 13.  For any person under the age of 13, we do not collect personally identifiable information.

Disclaimer

The materials on RxKap Inc's web site are provided "as is". RxKap Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RxKap Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Proprietary Rights

RxKap Inc owns, solely and exclusively all rights, title and interest in and to the Site, all content including text, visuals, video, audio, code data, "look and feel", design and organization, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property. Your use of the site does not grant you ownership of any content, code, or materials you access on the Site.

Limitations

In no event shall RxKap Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this site, even if RxKap Inc or a RxKap Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Liability of RxKap Inc. and Its Licensors

The use of the site and content is completely at your own risk.  The content provided is on an "as is" basis.  We make no representations or warranties regarding the following.

  1. Accuracy, completeness, currentness, reliability or timeliness of all content, graphics, text, images or communications provided on this site.
  2. Satisfaction of any government regulations requiring information disclosures on prescription drugs with regard to the content on this site.

In no event shall RxKap Inc or any third parties mentioned on this site be held liable for any damages including incidental and consequential damages, wrongful death, personal injury, lost profits or damages resulting from the use of the site or the content on this site.  

Revisions and Errata

The materials appearing on RxKap Inc's web site could include technical, typographical, or photographic errors. RxKap Inc does not warrant that any of the materials on its web site are accurate, complete, or current. RxKap Inc may make changes to the materials contained on its web site at any time without notice. RxKap Inc does not, however, make any commitment to update the materials.

Links

RxKap Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RxKap Inc of the site. Use of any such linked web site is at the user's own risk.

Submitted Materials

Any user information or other information including creative works, suggestions, concepts, methods, systems, plans, techniques, testimonials, content (including, for example and without limitation, that which you submit to our message boards, forums, blogs, sent via email,) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting materials to us, you represent and warrant that the materials are original to you, that no other party has any rights thereto, and that you grant us royalty-free, unrestrictive, perpetual, non-exclusive, fully transferabe, assignable right to display, use and reproduce any such material in whole or part.

Orders for Products and Services

We or our affiliates make certain products and services available on the Site. You agree to pay in full the prices for any purchases either through credit/debit card or by other means of payment to RxKap Inc and its affiliates. You agree to pay all applicable taxes.

Site Terms of Use Modifications

RxKap Inc may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to RxKap Inc's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

 

Indemnity

You agree to defend, indemnify, and hold RxKap Inc., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.