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1. ACCEPTANCE OF TERMS AND CONDITIONS
The BlueberryRx website is solely funded by Creative Health Ventures, LLC, a privately held company (“Creative Health”). Creative Health provides its medication reminder services (the “Reminder Service”) to you, subject to the following Terms and Conditions ("Terms"), which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time at: http://www.blueberryrx.com/terms-and-conditions.aspx.
2. CREATIVE HEALTH PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, which can be viewed at: http://www.blueberryrx.com/privacy-policy.aspx.
3. USER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Reminder Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
(a) immediately notify Creative Health of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. Creative Health cannot and will not be liable for any loss or damage arising from your failure to comply with this section 3 or any other provision of the Terms.
4. USER ELIGIBILITY
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) and, in the event of a breach of these Terms by a user, Creative Health reserves the right to temporarily or indefinitely suspended access to the Reminder Service for such user. If you are a under the age of 18, you may use this service only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, you may not use the Reminder Service. Further, your BlueberryRx account (including feedback) and username may not be transferred or sold to another party. Each BlueberryRx.com account may be used to store the medication, vitamin or supplement list of only one individual. Each BlueberryRx.com account may be used to provide the Reminder Service to only one individual. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms.
5. CONSENTS OF THIRD PARTIES
If you have subscribed for the Reminder Service so as to provide medication reminders for someone other than your self (the “Third Party Beneficiary”), you expressly acknowledge, represent, warrant and covenant that (i) the Third Party Beneficiary has given his or her consent to the disclosure of information required in order to subscribe for the Reminder Service, including, without limitation, the medication(s) for which the Reminder Service will be utilized, (ii) the Third Party Beneficiary has consented to delivery of the Reminder Service via email, SMS, telephone or cellular phone, as the case may be, (iii) ) the credit card information you have provided to Creative Health, if belonging to a person other than yourself, has been authorized or you are expressly authorized to utilize such credit card and provide such information to Creative Health in connection with payment for the Reminder Service or otherwise, and (iv) the Third Party Beneficiary consents and agrees to the Terms, or you have the requisite authority to bind the Third Party Beneficiary to these Terms. By utilizing the Reminder Service, you agree to the foregoing, and further agree to indemnify and hold harmless Creative Health, its members, mangers, employees, officers, agents, affiliates and successors and assigns, from and against any and all losses which arise, either directly, or indirectly, as a result of your breach of the foregoing representations, warranties and covenants.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
7. INDEMNITY
You agree to indemnify and hold Creative Health, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Reminder Service (collectively, the “Content”), your use of the Reminder Service, your connection to the Reminder Service, your violation of the Terms, or your violation of any rights of any other person or entity.
8. USE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the BlueberryRx website and/or the Reminder Service, use of the Reminder Service, or access to the Reminder Service. In furtherance of the foregoing, You acknowledge and agree that you will not: (i) copy, modify, port, adapt, translate, localize, reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Reminder Service or any portion thereof for any purposes, including, without limitation, to (x) build a competitive product or service; (y) build a product using similar ideas, features, functions or graphics of the BlueberryRx website and/or the Reminder Service; or (z) copy any ideas, features, functions or graphics of the BlueberryRx website and/or the Reminder Service; (ii) create derivative works based on the Reminder Service BlueberryRx website and/or any portion thereof or merge any of the foregoing with any third party software or services; (iii) use the BlueberryRx website and/or Reminder Service to provide services to any third party or for the benefit of any third party, except with the express authorization of such third party; (iv) create Internet “links” to or from the BlueberryRx website, or “frame” or “mirror” any content forming part of the BlueberryRx website and/or Reminder Service; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the BlueberryRx website and/or Reminder Service.
9. MODIFICATIONS TO SERVICE; MAINTENANCE; UPGRADES
Creative Health reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the BlueberryRx website and/or Reminder Service (or any part thereof) with or without notice. You agree that Creative Health shall not be liable to you or to any third party for any modification, suspension or discontinuance of the BlueberryRx website and/or Reminder Service. From time to time, we may upgrade our Reminder Service and our website, and as a result thereof, there may from time to time be service interruptions, delays and the inability to access your account. For these and other reasons, you are strongly advised not to rely solely on the Reminder Service for medication reminders, and you should therefore have alternate measures in place to ensure that your medication regimen is adhered to.
10. TERMINATION
You agree that Creative Health may, under certain circumstances and without prior notice, immediately terminate your Creative Health account and access to the Reminder Service. Cause for such termination shall include, but not be limited to, non-payment for the Reminder Service if so required, breaches or violations of the Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Reminder Service (or any part thereof), unexpected technical issues or problems, and extended periods of inactivity. Further, you agree that all terminations for cause shall be made in Creative Health's sole discretion and that Creative Health shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Reminder Service.
11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the BlueberryRx website, 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 advertiser. You agree that Creative Health shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the BlueberryRx website.
12. LINKS
The BlueberryRx website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Creative Health has no control over such sites and resources, you acknowledge and agree that Creative Health is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Creative Health shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
13. CREATIVE HEALTH'S PROPRIETARY RIGHTS
You acknowledge and agree that the Reminder Service and any necessary software used in connection with the Reminder Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the BlueberryRx website and/or Reminder Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Creative Health or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the BlueberryRx website and/or Reminder Service or the Software, in whole or in part. Creative Health grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Reminder Service. You agree not to access the Reminder Service by any means other than through the interface that is provided by Creative Health for use in accessing the Reminder Service.
14. DISCLAIMER OF WARRANTIES
IN USING THE BLUEBERRYRX WEBSITE AND THE REMINDER SERVICE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREATIVE HEALTH 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) CREATIVE HEALTH MAKES NO WARRANTY THAT (I) THE REMINDER SERVICE WILL BE A SUITABLE METHOD OF REMINDING YOU TO TAKE SOME OR ALL OF YOUR MEDICATION; (II) THE QUALITY OF THE REMINDER SERVICE WILL MEET YOUR EXPECTATIONS; OR (III) THE REMINDER SERVICE WILL BE ACCURATE OR RELIABLE AND IF NOT ACCURATE OR RELIABLE, THAT ERRORS ATTRIBUTABLE THERETO WILL BE CORRECTED.
(c) USE OF THE REMINDER SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY DEVICE USED TO RECEIVE THE REMINDER SERVICES OR THE LOSS OF DATA THAT RESULTS FROM THE USAGE OF SUCH SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREATIVE HEALTH OR THROUGH OR FROM THE REMINDER SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT CREATIVE HEALTH DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (A) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (B) UNAUTHORIZED USERS (E.G., "HACKERS") MAY ATTEMPT TO OBTAIN ACCESS TO YOUR DATA, OUR WEBSITE, COMPUTERS OR NETWORKS. YOU FURTHER ACKNOWLEDGE THAT CREATIVE HEALTH EXERCISES NO CONTRO OVER, AND HAS NO RESPONSIBILITY FOR, ANY CONTENT TRANSMITTED OR MAINTAINED USING THE SERVICES NOR THE INFORMATION OR MATERIAL ACCESSIBLE UPON, OR ACTIONS TAKEN ON, THE INTERNET, AND CREATIVE HEALTH EXPRESSLY DISCLAIMS ANY LIABILITY ARISING THEREFROM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREATIVE HEALTH SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CREATIVE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR SERVICE; (5) A FORCE MAJEURE; AND (6) ANY OTHER MATTERS RELATING TO THE SERVICE. AS USED HEREIN, "FORCE MAJEURE" SHALL MEAN, WITHOUT LIMITATION, THE FOLLOWING: ACTS OF GOD; STRIKES; INDUSTRIAL DISTURBANCES; ACTS OF PUBLIC ENEMIES; ORDERS OR RESTRAINTS OF ANY KIND FROM ANY GOVERNMENT OF THE UNITED STATES OR ANY OTHER FOREIGN GOVERNMENT OR FROM A STATE OR FROM ANY OF THEIR DEPARTMENTS, AGENCIES OR OFFICIALS (EXCEPT WHEN SUCH GOVERNMENTAL ACTION RESULTS FROM A PARTY'S FAILURE OR REFUSAL TO COMPLY WITH ANY APPLICABLE LAW), OR OF ANY CIVIL OR MILITARY AUTHORITY; INSURRECTIONS; RIOTS; LANDSLIDES; EARTHQUAKES; FIRES; STORMS; DROUGHTS; FLOODS; EXPLOSIONS; ANY OTHER CAUSE OR EVENT NOT REASONABLY WITHIN THE CONTROL OF CREATIVE HEALTH.
16. NOTICE
Notices to you may be made, at the discretion of Creative Health, via email, SMS, telephone or regular mail. Creative Health may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the website through which you receive the Reminder Service.
17. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by your use of the BlueberryRx website, the Reminder Service or these Terms.
18. NO RELIANCE ON THE SERVICE
YOU ARE ADVISED NOT TO RELY EXCLUSIVELY ON THE REMINDER SERVICE TO REMIND YOU TO TAKE YOUR MEDICATIONS CORRECTLY AND AS ADVISED BY YOUR HEALTHCARE PROVIDER. THE REMINDER SERVICE SHOULD NOT BE USED AS THE PRIMARY METHOD OF REMINDING YOURSELF TO TAKE YOUR MEDICATIONS, BUT ONLY AS AN AIDE. UNDER NO CIRCUMSTANCES WILL CREATIVE HEALTH BE RESPONSIBLE FOR YOU NOT TAKING YOUR MEDICATIONS CORRECTLY AND AS ADVISED BY YOUR HEALTHCARE PROVIDER. CREATIVE HEALTH AND THE INFORMATION CONTAINED ON THE BLUEBERRYRX WEBSITE, DOES NOT, AND/OR IS NOT INTENDED TO, PROVIDE OR CONTEMPLATE THE DISPENSING OF MEDICAL ADVICE, MEDICAL CARE OR MEDICAL TREATMENT. IT IS NOT A SUBSTITUTE FOR THE ADVICE OR RECOMMENDATIONS OF YOUR HEALTHCARE PROVIDER, AND THE REASONABLENESS THEREOF. CREATIVE HEALTH AND THE INFORMATION CONTAINED ON THE BLUEBERRYRX WEBSITE, DOES NOT, AND/OR IS NOT INTENDED TO, RECOMMEND, ENDORSE, ADVISE OR PROMOTE ANY PARTICULAR MEDICATION OR REGIMEN RELATED THERETO. IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING YOUR MEDICATIONS AND/OR MEDICATION REGIMEN, YOU ARE ADVISED TO CONSULT WITH YOUR HEALTHCARE PROVIDER.
YOU EXPRESSLY ACKNOWLEDGE AND UNDERSTAND THAT THE REMINDER SERVICES ARE DEPENDANT ON (I) YOUR HAVING PROVIDED CREATIVE HEALTH TRUE, CORRECT AND ACCURATE INFORMATION RELATED TO, AMONG OTHER THINGS, YOUR EMAIL ADDRESS, TELEPHONE OR CELLULAR PHONE NUMBER OR OTHER INFORMATION NECESSARY WHICH IS NECESSARY TO ENSURE DELIVERY OF THE REMINDER SERVICE TO YOUR CHOSEN DEVICE(S); (II) YOU UPDATING ANY AND ALL NECESSARY INFORMATION IF AND TO THE EXTENT THAT SUCH INFORMATION CHANGES FOLLOWING THE DATE OF YOUR SUBSCRIPTION TO THE REMINDER SERVICE; AND (III) THE DEVICE TO WHICH THE REMINDER SERVICE IS DELIVERED IS WITHIN YOUR POSSESSION AND/OR CONTROL, AND IS FULLY OPERATIONAL AND FUNCTIONAL, AT THE TIME THAT SUCH SERVICE IS DELIVERED. A FAILURE TO PROVIDE CREATIVE HEALTH WITH YOUR CORRECT AND UPDATED INFORMATION, OR NOT HAVING THE INTENDED RECEIVING DEVICE ON YOU, WITHIN YOUR CONTROL, OR FUNCTIONALLY OPERATIONAL, WILL RESULT IN YOU NOT RECEIVING THE REMINDER SERVICE, AND CREATIVE HEALTH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WHICH MAY ARISE AS A RESULT OF ANY OF THE FOREGOING.
19. ATTRIBUTION
Comments, reviews or testimonials of users of the Reminder Services may be provided on the BlueberryRx website. They are intended for informational purposes only, and reflect only the user’s own opinion. These comments, reviews or testimonials are only published with the user’s permission. Users and visitors to the BlueberryRx website may e-mail comments, communications, suggestions, ideas, comments, questions, or other information, so long as such individual does not transmit or distribute material that is inappropriate, illegal, defamatory, libelous, indecent, obscene, pornographic or is otherwise inconsistent with the generally accepted practices of the internet community or applicable law.
20. GENERAL INFORMATION
The Terms constitute the entire agreement between you and Creative Health and govern your use of the BlueberryRx website and the Reminder Service, superseding any prior agreements between you and Creative Health. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Creative Health shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Creative Health agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. The failure of Creative Health to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms 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 BlueberryRx website, Reminder Service and/or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the Terms to our Customer Care group: admin@BlueberryRx.com
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