2. Overview of Service.
Denali Rx currently provides (or may provide in the future) users with access to a broad collection of on-line services and resources, including e-mail; on-line forums; search services; chat rooms; job boards; resume postings; pharmacy listings and a vast range of other content (collectively the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new products or services, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Denali Rx assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. Payment for Products and Services.
All payments made for products or services offered by Denali Rx will be paid to Denali Rx and will therefore be subject to the Denali Rx refund policy.
4. Your Registration Obligations.
In consideration of your use of the Service, you agree to be legally bound to the TOS as if you had signed this Agreement. You further agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's Registration (Enrollment) Form (the "Registration Data"); and (b) maintain and promptly Update the Registration Data to keep it true, accurate, current and complete. If you provide any information, or if Denali Rx has reasonable grounds to suspect that you provided information, that is untrue, inaccurate, not current or incomplete, Denali Rx has the right, in its sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Service, or any portion thereof.
5. Privacy Policy.
Denali Rx is concerned about the privacy and safety of all its users. Registration Data and certain other information about you is subject to our Privacy Policy. Please check our Privacy Policy for more information. The Privacy Policy is subject to the TOS, and is incorporated herein by this reference.
6. Member Account; Password and Security.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Denali Rx of any unauthorized use of your registration or password. You agree not to share your member account, username or password with anyone. If we discover that you are sharing your account, username and/or password, we will immediately terminate your account and you shall not receive a refund for products or services purchased.
7. Member Conduct.
You understand that all information ("Information"), whether publicly posted or privately transmitted, is the sole responsibility of the person who transmitted the information to you. This means that you, and not Denali Rx, are entirely responsible for all Information that you upload, post, email or otherwise transmit via the Service. Denali Rx acts as a passive conduit for the online distribution and publication of user-submitted information. Denali Rx does not control or regulate the Information posted via the Service. Denali Rx does not guarantee the accuracy, integrity or quality of such Information. You understand that by using the Service, you assume the risk of being exposed to Information that is offensive, indecent or objectionable. Under no circumstances and in no way will Denali Rx be liable for any Information, errors or omissions in any Information, or for any loss or damages of any kind incurred as a result of the use of any Information posted, e-mailed or otherwise transmitted via the Service.
You agree not to use the Service to:
a. upload, post, email or otherwise transmit any Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or objectionable to another based on race, ethnicity, age, gender or otherwise;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Denali Rx official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, email or otherwise transmit any Information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Information that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange; or any laws related to domestic and foreign trade regulations;
k. "stalk" or otherwise harass another user; collect or store personal data about other users; or
l. post any incomplete, false or inaccurate biographical information or information which is not your own.
You acknowledge that Denali Rx does not pre-screen Information; but, that Denali Rx shall have the right, but not the duty, in its sole discretion to refuse or move any Information that is available via the Service. Without limiting the foregoing, Denali Rx shall have the right to remove any Information that violates the TOS or that it, in its sole discretion, deems objectionable. You agree that you must and are able to evaluate, and bear all the risks associated with, the use of any Information, including any reliance on the accuracy, completeness, or usefulness of such Information. You acknowledge that you may not rely on any Information created by Denali Rx or submitted to Denali Rx, including, without limitation, information in Denali Rx message boards, and in all other parts of the Service.
You acknowledge and agree that Denali Rx may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Denali Rx, its users and the public.
You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. Chat Room and Forum Conduct.
While you are using the Denali Rx chat room or forum, you agree that you are responsible for all Information, and the consequences of such Information, that you upload, post, email or otherwise transmit to the chat room or forum. You also assume the risk of being exposed to Information that is offensive, indecent or objectionable. Denali Rx does not, but may, in its sole discretion, monitor the contents or the users of the chat room or forum. Denali Rx may, at any time, in its sole discretion and without prior notice to you, discontinue your use of the chat room or forum. Denali Rx may, at any time, in its sole discretion and without prior notice to you, delete any messages posted to the forum for any reason. Under no circumstances and in no way will Denali Rx be liable for any Information, errors or omissions in any Information, or for any loss or damages of any kind incurred as a result of the use of any Information posted, e-mailed or otherwise transmitted via the chat room or forum. This Paragraph 8, although a part of the TOS, is also a separate and independent agreement between you and Denali Rx. This Paragraph 8 is subject to the provisions of the TOS, and incorporates all such provisions and obligations by this reference. While using the chat room or forum you agree not to engage in any communication or conduct that may violate the TOS.
9. International Use.
The Internet provides global access to the Denali Rx web site. Denali Rx has taken preventative measures to comply with all applicable laws regarding the transmission of data and other goods from the United States. As a user of the Denali Rx web site, you agree to comply with all local rules regarding online conduct and acceptable Information, including, without limitation, all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
10. Posted Information.
By submitting to any public or non-public area of the web site, including message boards, forums, contests and chat rooms, you grant Denali Rx and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part), including your name, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license states above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content place on the Denali Rx web site retains any and all rights that may exist in such content.
11. Indemnity.
You agree to indemnify and hold Denali Rx, and is subsidiaries, affiliates, officers, agents, partners, and employees harmless from any and all claims or demands, including reasonable attorney's fees, made by any third party due to or arising out of Information you submit, post to, email or otherwise transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. No Resale of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
13. General Practice Regarding Use and Storage.
You acknowledge that Denali Rx may establish general practices and limited use of the Service, including, without limitation, the maximum number of days that email messages, message board postings, resumes or other uploaded Information will be retained by the Service. You agree that Denali Rx has no responsibility or liability for the deletion or failure to store any messages and other communications or other Information maintained or transmitted by the Service. You acknowledge that Denali Rx reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Denali Rx reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
14. Modification of Service.
Denali Rx reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Denali Rx shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. Termination.
You agree that Denali Rx may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use or if Denali Rx believes that you have violated or acted inconsistently with the purpose or intent of the TOS. Denali Rx may also, in its sole discretion, and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the TOS may occur without prior notice, and you acknowledge and agree that Denali Rx may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Denali Rx shall not be liable to you or any third-party for any termination of your access to the Service.
16. Dealing with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertizers found on or through the Service, including, but not limited to, 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 advertiser. You agree that Denali Rx shall not be responsible or liable for any loss or damages of any kind incurred as the result of any such dealings or as the result of the presence of such advertizers on the Service.
17. Links.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. The links are provided solely as a convenience to you. You acknowledge and agree that once you enter such links, sites or resources you have left the Denali Rx web site. Denali Rx does not review the content of the sites and resources, nor does it have any control over such sites and resources. Therefore, you acknowledge and agree that Denali Rx is not responsible for the availability of such external sites or resources, and it does not endorse and is not responsible or liable for any Information, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Denali Rx shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be used by or in connection with use of or reliance on any such Information, goods or services available on or through any such site or resource. If you choose to access any of these links, sites or resources, you hereby acknowledge and agree that you do so entirely at your own risk.
18. Denali Rx's Proprietary Rights.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Information contained in sponsor advertisements or information presented to you through the Service or advertizers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Denali Rx or advertizers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
19. Disclaimer of Warranties.
YOU EXPRESSLY UNDERSTAND THAT AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOU SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Denali Rx EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) Denali Rx MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, EFFICIENT, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Denali Rx OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
(e) NEITHER Denali Rx NOR YOU MAY MODIFY OR WAIVE THE DISCLAIMERS PROVIDED FOR IN THIS SECTION 19. NO ORAL MODIFICATIONS OR WAIVER OF THIS DISCLAIMER SHALL BE VALID OR BINDING ON Denali Rx.
20. Limitation of Liability.
BY USING THE SERVICE YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH SUCH USE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Denali Rx SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Denali Rx HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE,
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMIT OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
22. Special Admonition for Services Relating to Financial Matters.
The Service (may) allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Denali Rx to be used for trading or investing purposes. Denali Rx shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be liable for any trading or investment decisions made based on such information.
23. Disclaimer Regarding Shopping Retailers.
The Service (may) provide(s) shopping services to help you locate and potentially purchase products from online and offline retailers. Denali Rx provides access to these independent retailers merely as a convenience for you. Denali Rx, however, does not control these independent retailers and Denali Rx does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with products or services purchased from independent retailers. You hereby acknowledge and agree that if you use the services of or purchase products from these independent retailers, you do so entirely at your own risk and upon the terms of the independent retailers.
When shopping by means of the Service, you acknowledge and agree that Denali Rx does not endorse any of the products or services not provided for by Denali Rx but are linked to from the Service, nor has Denali Rx taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Denali Rx or their own web sites. Denali Rx expressly disclaims any and all representation or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before you proceed with any online or offline transaction with any of these third parties.
24. Notice.
Denali Rx may choose to provide any notice to you via email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. You may send notice to Denali Rx ONLY by regular mail to:
_________
25. Servicemark Information.
Denali Rx and the Denali Rx logo, and all other logos and product and service names are service marks of Denali Rx, (the "Denali Rx Marks"). You agree not to use or display in any manner any of the Denali Rx Marks without prior written permission of Denali Rx.
26. General Information.
The TOS constitute the entire agreement between you and Denali Rx. They govern your use of the Service, superseding any prior agreements between you and Denali Rx. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. You shall not assign your rights or obligations under the TOS. You shall not make nor agree to make any commercial use of the web site or any other Denali Rx service or product. The TOS and the relationship between you and Denali Rx shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Denali Rx agree to submit any and all controversies or claims to the District Court of the City of Rockford and the County of Illinois, and that such court shall have exclusive jurisdiction, including in personam jurisdiction and shall be the exclusive venue for any and all such controversies and claims except as otherwise unanimously agreed by the Parties. The failure of Denali Rx to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and shall have no legal or contractual effect.
27. Violations.
Please contact us here to report any violations of the TOS.
