Terms and Conditions
Use of this website and/or any purchases made on this website constitute acceptance of the Terms and Conditions of Use and Sale
The following definitions apply to this Agreement:
“Buyer” shall mean the individual specified on the order page;
“Intellectual Property” shall mean all trademarks, copyrights, patent rights, inventions, know-how, whether or not patentable, trade secrets and other intangible rights arising as a result of the development, design and/or manufacture of a Product.
“Product” shall mean a anything sold by aprxs.org
“Seller” and “Owner” shall mean The Association for Precision Pharmacy Services, and each of its affiliates.
Notice to the Buyer
Do not check the box for “Read Terms and Conditions” until you have actually done so or if there are any blank spaces in this document.
You are entitled to an exact copy of these terms and conditions. Keep it to protect your rights.
Return/Refund policy: Seller provides specialized knowledge and skills that can’t be returned, therefore there are also no refunds. All sales are final.
Buyer’s obligations under this agreement are absolute, non-cancelable and shall continue without abatement and regardless of any disability of buyer to use the product or any part thereof for any reason including, but not limited to war, act of God, governmental regulations, strike, loss damage, destruction, obsolescence, or termination of use by law or any other cause.
The Seller owns all Intellectual Property in the Product. The contents, structure and organization of the product are the valuable trade secrets and confidential information of the Seller. The Product is protected by law, including without limitation, the Patent and Copyright laws of the United States and of those countries participating in the Paris Treaty. This Agreement does not grant the Buyer any Intellectual Property rights in the Product and all rights not expressly granted are reserved by the Seller.
The Product is intended for the sole use of the Buyer and is not to be copied, resold or displayed in any manner for form other than as expressly permitted in this Agreement.
The seller limits any claims, guarantees or warranties to those included in the Patent documentation. THE SELLER MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT. UNDER NO CIRCUMSTANCES WILL THE SELLER BE LIABLE TO THE BUYER, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE BUYER’S USE OR RELIANCE UPON THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
The Buyer agrees to hold the Seller and each of its officers, directors and employees harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any Product or any other action taken by the Buyer in relation to the Product.
Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal tees (on a solicitor and own client basis) arising out of, connected with, or resulting from the Product, use of the Product or this Agreement. Such indemnity shall survive the termination or expiration of the Agreement.
This Agreement shall inure to the benefit of and is binding upon the heirs, personal representatives, successors and permitted assigns of the parties hereto.
Time is of the essence of this Agreement.
This Agreement contains the entire arrangement between Seller and Buyer, and no modification of this Agreement shall be effective unless in writing and executed by Seller.
All covenants and obligations of Buyer to be performed pursuant to this Agreement, including all payments to be made by Buyer hereunder, shall survive the expiration or earlier termination of this Agreement If more than one Buyer is named in this Agreement, the liability of each shall be joint and several.
In the event any provision of this Agreement shall be unenforceable, then such provision shall be deemed deleted, however all other provisions hereof shall remain in full force and effect.
All notices under this Agreement shall be deemed given when delivered personally or when sent by certified mail to the party intended at its address set forth herein, or such other addresses said party may provide in writing from time to time.
This Agreement shall be governed, interpreted and construed in accordance with the laws of the State of the State of Texas.
In the event of any litigation arising out of this Agreement, the prevailing parties in such suit or proceedings shall be entitled to receive from the non-prevailing parties all costs of prosecuting or defending such suit or proceedings, including, without limitation, reasonable attorneys’ fees at trial and all appellate levels.
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EITHER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF EITHER PARTY.
Access Restriction: The Owner(s) of this Web site may, in its sole discretion, deny any user access to this Web site or any portion of the site without notice.
Use of Messages: By posting messages or engaging in other communication on this Web site, you grant to the Owner(s) of this Web site a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Owner(s)(s) of this Web site for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
Links to Other Web Sites: This Web site may contain links to Web sites operated by parties other than the Owner(s) of this Web site. The links are provided for your convenience only. The Owner(s) of this Web site does not control the Web sites and is not responsible for the content on such Web sites. By offering links, the Owner(s) of this Web site is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites.