Last Updated: December 20, 2022
Please read this Agreement carefully. This Agreement applies to anyone (“you” or “your”) who signs up for an account or profile on the Site or otherwise uses our Services. Other sites, apps, social media accounts, or other content that LexRx makes available or uses to interact with you may be subject to their own terms and conditions which should be reviewed separately.
IMPORTANT, READ CAREFULLY: BY CLICKING ANY BOX OR BUTTON OR TAKING ANY OTHER ACTION INDICATING YOUR ACCEPTANCE OF THESE TERMS, OR BY OTHERWISE ACCESSING OR USING THE SITE, TOGETHER WITH ANY RELATED PRODUCTS, SERVICES AND ASSOCIATED SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOUR USE OF AND ACCESS TO THE SERVICES ARE CONDITIONED UPON YOUR COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGAL CONTRACT BETWEEN YOU AND LEXRX AND GOVERNS YOUR ACCESS TO AND USE OF THE SITE TOGETHER WITH ANY PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY RELATED SERVICES. BY ACCESSING THE SITE OR USING OUR OTHER SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THE SERVICES ARE NOT AVAILABLE TO ANYONE WHO IS NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT. DO NOT USE THE SERVICES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOUR RIGHTS TO USE THE SITE AND ANY RELATED SERVICES ARE LIMITED BY APPLICABLE FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS.
LexRx may provide specialized promotions and other offerings through the Services that will have additional terms and conditions or rules. If any portion of this Agreement conflicts with the special terms or rules for any such special promotional offering, the conflicting portion of the special terms or rules will govern for that specific portion of the promotional offering unless stated otherwise.
LexRx does not accept unsolicited content or ideas you may attempt to transmit to us directly. As such, we take no responsibility for such transmitted content or ideas. If you do send us unsolicited content or ideas, you agree that we may use such content and ideas in any way we wish without any compensation to you.
In accordance with 47 U.S.C. § 230, you should be aware that there are content control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist you in limiting access to material that is harmful to individuals below a certain age. Examples of some of these protection services include Qustodio, Locategy and Mobicip. Please note that LexRx in no way endorses or is responsible for these services.
Purpose of the Services
The intended purpose of the Site is to provide information about our Services and other LexRx products and offerings. Any content, information or materials made available on or through the Site or other Services is provided for informational purposes only. You agree that you will only use the Services for their intended purposes, and not for other commercial ventures without first seeking express written approval from LexRx. You may not use any content available through the Services to establish any independent data files, databases, compendiums, or any other reference materials.
THE USE OF OR RELIANCE ON ANY INFORMATION CONTAINED ON OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
Any and all content or products offered on or through the Services are subject to availability. LexRx will try its best to make the Services useful, but LexRx does not warrant that any content available through the Services will be accurate or reliable, and does not guarantee that reliance on any information or content available through the Services will be entirely safe or without defect.
LexRx hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in this Agreement and the Site’s intended purposes. LexRx reserves the right to terminate this license for any or no reason and at any time without notice to you, including, but not limited to, for breach of any term contained in this Agreement.
Intellectual Property Rights and Ownership
Other than any exceptions that may be referenced in this Agreement, all content appearing on the Site including, but not limited to, graphics, text, documents, data, design, buttons, names, marks, logos, images, video, audio, icons, software and its underlying code, domain names, as well as the color selection, assembly, and arrangement of Site content, or any other related electronic content or files (collectively “LexRx Content”) are the sole property of LexRx or its suppliers and/or licensors, and are protected by U.S. and international copyright, trademark, and other applicable intellectual property laws.
Any use of LexRx Content that is not consistent with the intended purpose of the Site, including any modification, reproduction, republication, uploading, posting, transmission, reverse engineering, creation of derivative works, or distribution in any form or by any means without LexRx’s prior written consent, is strictly prohibited, except you may print out one copy of each page on the Site solely for personal, non-commercial use. No other use is permitted without LexRx’s prior written consent. You may not sell, transfer, assign, license or sublicense any LexRx Content. The use or posting of any LexRx Content on any other web site or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your right to access and/or use the LexRx Content and the Site shall automatically terminate and you shall immediately destroy any copies you have made of the LexRx Content. LexRx Content protected by this Agreement includes, without limitation, certain third-party copyrighted images made available on or through the Site. You acknowledge that you have no rights in such third-party LexRx Content. Unauthorized use of any LexRx Content may result in violation of copyright, trademark, and other intellectual property rights or protections available under applicable law. You acknowledge that no right, title or interest in any of the LexRx Content is transferred to you as a result of you accessing, downloading or printing any LexRx Content from the Site. Any use of LexRx Content must display the appropriate copyright, trademark and other proprietary notices. All software used on the Site is the sole property of LexRx or those supplying or licensing the software.
You acknowledge that you have no right, title, or interest in or to the Site or any LexRx Content.
LEXRX is a trademark owned by LexRx. In addition, other trademarks, product names, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of LexRx, or they may be the property of their respective owners.
There may be other content on the Site not owned by LexRx, and you should respect those property rights as well. All rights not expressly granted herein are reserved to LexRx.
Sales and Payment Terms
You may be able to place orders for products available on the Site or through other Services we provide. When you make a purchase, we may require certain personally identifiable information and payment method information in order to complete your purchase. We may share such information with our third-party payment service providers. You agree to make all applicable payments in connection with any order you place. By placing an order through the Services, you agree that: (1) any credit card, debit card or other payment method information supplied by you is true and complete; and (2) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes. LexRx products purchased by you are for personal or gift use and not for commercial use.
LexRx can withdraw products from being offered through the Services at any time and for any reason. Prices listed through the Services are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes. Such charges and taxes will be communicated to you before you place an order and you are responsible for paying such charges and taxes. You agree to indemnify and hold LexRx harmless from and against any liabilities, interest, penalties, or fees assessed against you or LexRx arising from or related to your failure to pay any such taxes. All prices are subject to change at any time. Purchases made through the Services are not intended for resale.
All orders are subject to acceptance by LexRx. LexRx reserves the right not to accept your order for any reason or no reason. LexRx reserves the right to restrict multiple quantities of a product being shipped to any one customer or postal address.
LexRx or our third-party service providers will pack ordered products in accordance with standard practices. You may be able to choose the method of shipment and timing of delivery for products ordered and will be charged shipping and handling charges accordingly. You acknowledge that all scheduled shipment dates are estimates only. LexRx will make reasonable efforts to meet the scheduled shipment dates, but in no event will LexRx be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.
If you register or maintain an account for the Services, continued access to your account may be conditioned on you maintaining a fully paid up subscription, if applicable. Access to your account may be suspended or terminated in the event your account becomes inactive, subscription fees are not paid on time, or for any other violation of the terms of this Agreement.
User Generated Content
Certain areas of the Services may allow you and other users to upload or post user generated content (“UGC”) in certain locations, including, but not limited to, areas where you can provide comments and other content as feedback regarding LexRx’ Services. Any UGC you and other users of the Services transmit, post or otherwise make available on or through the Services, which includes any comments, photos, videos, ideas or other information, material or content you make available in any form including, but not limited to, any visual or audio data, is made available to LexRx on a non-proprietary and non-confidential basis. You hereby grant to LexRx and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, and irrevocable right (including moral rights) and license to use, reproduce, distribute, modify, adapt, translate, create derivative works based on, publish, perform and/or display your UGC for the purposes of: (1) displaying and demonstrating the capabilities and functioning of the Services; (2) marketing and advertising LexRx Services, in any media now known or hereafter developed; and/or (3) for any other purposes to which you consent, without compensation to you or any other provider of UGC. You also agree to permit any other user to access, display, view, store, and reproduce such UGC for personal use. This license includes any right of publicity rights that may be present in the UGC.
You hereby agree that to the extent you include in your UGC any personal data, personal information or personally identifiable information, as defined under applicable privacy laws or regulations (“Personal Information”), LexRx may process and disclose such information as necessary to: (1) fulfill our obligations under this Agreement; (2) comply with any applicable legal obligations; (3) avoid any imminent harm to you or another person; (4) carry out tasks in the public interest; or (5) pursue other legitimate interests as set forth in this Agreement, provided such legitimate interests are not overridden by the interests or fundamental rights and freedoms of the person whose information is at issue. You agree that you will at all times use the Services in accordance with all applicable privacy laws and regulations in order to transfer or disclose any Personal Information provided by other individuals through the Services.
LexRx reserves the right to comply and cooperate with any and all legal requirements, legal or regulatory authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, information related to your UGC. You waive and hold LexRx harmless from any claims resulting from any action taken by LexRx during or as a result of an investigation and/or from any actions taken as a consequence of investigations by either LexRx or law enforcement.
You acknowledge and agree that LexRx may refuse, alter, edit, delete, or disclose any UGC in whole or in part without cause and without notice for any legitimate purpose including, without limitation, to address any UGC that LexRx determines is inappropriate or disruptive to the Services or to any other user of the Services. LexRx has no obligation or duty to, and does not represent that it will, monitor, change, or remove any UGC.
You represent and warrant to LexRx that any UGC you make available on or through the Services is original to you and you own all right, title and interest to such UGC, including the intellectual property rights, or you have obtained all permissions, releases, rights or licenses from the respective owner that are required to grant the rights and assignment granted herein without obtaining any further releases or consents. You further represent and warrant that you will not make any UGC available on or through the Services that infringes third-party rights including, but not limited to, any intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any UGC you make available on or through the Services.
The transmitting, posting, or making available of UGC on or through the Services does not indicate approval or endorsement of LexRx with respect to such UGC. LexRx is not responsible for, and hereby disclaims any and all liability that may arise from the UGC or any act of accessing, browsing, contributing to, or otherwise using the Services.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on or through the Services infringe your copyright, you (or your agent) may send LexRx a notice requesting that the material be removed, or that access to it be blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see https://copyright.gov/ for details). Notices and counter-notices with respect to the Services should be sent via registered mail to our designated agent for notice of claims of copyright infringement at:
121 Charles Street #1, Boston, MA 02114
By email: email@example.com
Under the DMCA, notices must include all of the following details:
LexRx takes copyright and other intellectual property issues seriously, and will terminate access to the Services for any accounts and/or users that are connected to valid and repeat copyright infringement complaints.
If you believe that any UGC available on or through the Services violates or infringes your intellectual property rights, other than related to copyright, please send a detailed email to firstname.lastname@example.org detailing your allegation. LexRx takes infringement of intellectual property rights seriously and will investigate the matter.
You are solely responsible for all UGC and any other data that you or anyone using your account uploads on or through the Services. LexRx does not guarantee the accuracy, integrity or quality of UGC or any user’s Account Data.
Acceptable Use Policy
In connection with your access to and/or use of the Services, you agree not to:
The previous list of prohibitions is not exclusive. LexRx reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement, your account, and/or your access to all or any part of the Services without prior notice or liability in response to your breach of this Acceptable Use Policy or any other term in this Agreement. LexRx reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability in the event of any apparent violation of the terms in this Agreement.
Links to Third-Party Sites
LexRx may also allow interaction between the LexRx Services and other third-party services such as Facebook, Instagram, and other social media platforms. This may include “Like” or “Share” buttons or other interactions through third-party buttons or plugins available through the Services that, when used, may allow you to share content from our Services with other persons on or through the third-party services or elsewhere. If you use any of the social media links or buttons available through the Services, LexRx is not responsible for any harm to you as a result of using one of the interaction functions provided by these social media platforms or third-party services.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, LEXRX, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, BUSINESS PARTNERS, CONTRACTORS, AND ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SERVICES (COLLECTIVELY, THE “DISCLAIMING PARTIES”) MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SERVICES OR LEXRX CONTENT. THE DISCLAIMING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO LEXRX CONTENT INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF APPROPRIATENESS, RELIABILITY, OR TIMELINESS. THE DISCLAIMING PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF LEXRX CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS IN THE AVAILABILITY OF THE SITE AND ANY RELATED SERVICES FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES, AND LEXRX CONTENT AT YOUR OWN RISK.
THE DISCLAIMING PARTIES DO NOT WARRANT THAT THE SITE AND ANY RELATED SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. THE DISCLAIMING PARTIES DO NOT WARRANT THAT LEXRX CONTENT, THE SITE, OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE DISCLAIMING PARTIES SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND ANY LEXRX CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE). THE DISCLAIMING PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE DISCLAIMING PARTIES MAKE NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY FOR SUCH INFRINGEMENT.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY OF THE DISCLAIMING PARTIES BE LIABLE TO ANY USER OF THE SITE, LEXRX CONTENT, OR ANY RELATED SERVICES FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER SIMILAR DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF: (1) THIS AGREEMENT; (2) THE USE OR INABILITY TO USE THE SERVICES; (3) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SERVICES; (4) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR INACCURACIES AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (5) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY LINKS AVAILABLE ON OR THROUGH THE SERVICES. THE TOTAL AGGREGATE LIABILITY OF ANY DISCLAIMING PARTY TO ANY USER OF THE SERVICES FOR DIRECT DAMAGES ARISING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES WILL NOT EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT THE APPLICABLE USER PAID TO THE DISCLAIMING PARTY(IES) FOR THE APPLICABLE SERVICES OUT OF WHICH THE LIABILITY AROSE, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE DISCLAIMING PARTIES TO ANY USER OF THE SERVICES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH LEXRX, THE SITE, ANY RELATED SERVICES, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
You agree to defend, indemnify, and hold the Disclaiming Parties harmless from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards and expenses (including attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) that any of the Disclaiming Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Services, your breach of this Agreement, the use of the Services by any person using your computer, device, or account, if applicable, and/or your violation of any applicable law or regulation. Your indemnification obligations shall survive the termination of this Agreement.
The Services are intended only for users within the U.S. If you use the Services outside the U.S., you are responsible for following your applicable local laws and determining, among other things, whether your use of the Services violates any local laws. By using the Services, you agree and acknowledge that information about you, including personally identifiable information, may be transmitted to, processed in and stored in the U.S.
Site Policies, Modification, and Severability
By using the Site or any related Services, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and LexRx.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for any litigation arising out of or relating to this Agreement, the Services, the use of our Services, and/or any goods referenced or offerings provided on or through the Services.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Massachusetts courts.
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Massachusetts court that such litigation brought therein has been brought in an inconvenient forum.
If you violate any portion of this Agreement, LexRx reserves the right, without an obligation to do so, to deny you access to the Services. If LexRx terminates your access to the Services, LexRx may also delete your account for the Services, if you have one. LexRx reserves the right to terminate any password-restricted account for any reason.
LexRx’s failure to enforce any portion of this Agreement is not a waiver of such portion. The proprietary rights and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of this Agreement.
LexRx reserves the right, without notice or reason, to take down or terminate the Site, or otherwise revoke any and all access granted to you related to the Services. You agree that LexRx is not liable to you or any other third party for this action.
Certain software elements of the Site and any related Services may be subject to U.S. export laws and controls. No software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
You may contact LexRx using the following information:
By mail: 121 Charles Street #1, Boston, MA 02114
By email: email@example.com
By telephone: 1-857-452-1501