Required Agreement for Innoviantpharmacy.com Users
Welcome to Innoviant Pharmacy, Inc. This agreement ("Agreement"), in connection
with our Privacy Statement published at
www.innoviantpharmacy.com governs your use of the Innoviant Pharmacy web
site (the "Site").
Table of Contents
Section 2 - Termination
Section 3 - Security
Section 4 - Intellectual Property
Section 5 - Disclaimers
Section 6 - Indemnification
Section 7 - Miscellaneous
(a) Use of the Site
You understand and agree that the Site is made available to you only pursuant to
this Agreement.Please read this Agreement carefully before accessing or using the
Site. By accessing or using the Site, you agree to be bound by the terms, and conditions
set forth herein, and acknowledge that you understand all terms including the disclaimer
If you do not agree to be bound by the terms and conditions of this Agreement, you
are prohibited from accessing or using our Site.
We maintain this Site for your personal information, education and non-commercial
use. Use of the terms "our" or "us" or "we" throughout this document shall include
Innoviant Pharmacy, Inc. and/or our subsidiaries, affiliates, employees, agents,
and contractors involved in creating, producing, or delivering the site to your
(b) Updates to this Agreement
Innoviant Pharmacy reserves the right to update or modify this Agreement at any
time without prior notice. Your use of the Site following any such change constitutes
your agreement to follow and be bound by the Agreement as changed. For this reason,
we encourage you to review this Agreement whenever you use this Site.
When using the Site, you agree to abide by all applicable laws and regulations.
You further agree to use the Site solely in accordance with the policies and procedures
posted by Innoviant Pharmacy from time to time. In addition, you agree not to do
any of the following while using the Site:
interfere with or disrupt networks connected to the Site or violate the regulations,
policies or procedures of such networks;
attempt to gain unauthorized access to the Site, other accounts, computer systems
or networks connected to the Site, through password mining or any other means;
interfere with another user's use and enjoyment of the Site;
transmit any message, information, data, text, software, graphic files or other
materials ("Content") that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another's
privacy, hateful, racially, ethnically or otherwise objectionable;
transmit Content that contains a virus, corrupted files, or other harmful component;
impersonate any person or entity, including but not limited to Innoviant Pharmacy
personnel, or falsely state or otherwise misrepresent your affiliation with any
person or entity;
post or transmit any Content that you do not have a right to transmit under any
law or under contractual or fiduciary relationships (including but not limited to
post or transmit any unsolicited advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," contests, surveys, or any other form
of solicitation (commercial or non-commercial);
intentionally or unintentionally violate or encourage or assist another to violate
any applicable law or regulation in connection with your use or the other person's
use of the Site; or
upload or transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party.
(d) Participation in Promotions of Advertisers
Any dealings with advertisers on the Site or participation in promotions, including
the delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions, are solely
between you and the advertiser or other third party. Innoviant Pharmacy shall not
be responsible or liable for any part of any such dealings or promotions.
Section 2 - Termination
Termination by Innoviant Pharmacy
Innoviant Pharmacy reserves the right to terminate this Agreement and any user's
account with or without cause at any time effective immediately. For example, Innoviant
Pharmacy, in its sole discretion, may terminate your account for violation of the
letter or spirit of this Agreement, if you have provided Innoviant Pharmacy with
false or misleading registration information, or if you have not used your account
for an extended period of time.
Section 3 - Security
Innoviant Pharmacy follows applicable requirements under applicable federal and
state law and regulations regarding security of the Site.
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Section 4 - Intellectual Property
You acknowledge that the content on this Site, including but not limited to text,
software, music, sound, photographs, video, graphics or other material, is protected
by copyrights, trademarks, service marks, patents or other proprietary rights and
laws. Further, the entire content of this Site is copyrighted as a collective work
under U.S. copyright laws, and Innoviant Pharmacy owns a copyright in the selection,
coordination, arrangement and enhancement of the content.
The content of this Site, and the Site as a whole, are intended to be used by you
solely for personal, non-commercial use. You may download, print and store selected
portions of the content, provided that you (A) only use these copies of the content
for your own personal, non-commercial use, (B) do not copy or post the content on
any network computer or broadcast the content in any media, and (C) do not modify
or alter the content in any way, or delete or change any copyright or trademark
No right, title or interest in any downloaded materials is transferred to you as
a result of any such downloading. Innoviant Pharmacy (or its third party licensors)
reserves complete title and full intellectual property rights in any content you
download from the Site.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute,
transmit, transfer or create derivative works from the content without first obtaining
written permission from Innoviant Pharmacy.
Trademarks, service marks and logos used and displayed on this site are registered
and unregistered trademarks of Innoviant Pharmacy and others.
(b) Digital Millennium Copyright Act
This Agreement is intended to comply with the Digital Millennium Copyright Act,
including but not limited to 17 USC § 512. Innoviant Pharmacy may terminate your
access to the Site if we determine in our sole and absolute discretion that you
are involved in infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately determined
to be infringing. Innoviant Pharmacy and its service providers accommodate and do
not interfere with standard technical measures used by copyright owners to protect
materials. We have implemented procedures for receiving written notification of
claimed infringements and for processing such claims in accordance with the Act.
Any written notice regarding any infringement of copyright or of any other proprietary
rights should be sent to firstname.lastname@example.org and should include
A physical or electronic signature or a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed or the person defamed.
Identification of the copyrighted work claimed to have been infringed or if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity, including information reasonably sufficient to permit us
to locate the material.
Information reasonably sufficient to permit us to contact you, such as your address,
telephone number and/or electronic mail address.
A statement that you have good faith belief that the use of the material in the
manner complained of is not authorized by the copyright or other proprietary right
owner, its agent, or the law.
Innoviant Pharmacy welcomes your comments regarding this Site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications (collectively,
"Comments") submitted to Innoviant Pharmacy shall be and remain the exclusive property
of Innoviant Pharmacy. Your submission of any such Comments shall constitute an
assignment to Innoviant Pharmacy of all worldwide rights, titles and interests in
all copyrights and other intellectual property rights in the Comments, and you represent,
warrant and covenant that you have the right to make such an assignment and that
such Comments do infringe any party's rights. Innoviant Pharmacy will be entitled
to use, reproduce, disclose, publish and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating you in any
way. For this reason, we ask that you not send us any Comments that you do not wish
to assign to us, including any confidential information or any original creative
materials such as stories, product ideas, computer code or original artwork.
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Section 5 - Disclaimers
(a) Information and Services
The materials provided on this Site are intended as general information only. Innoviant
Pharmacy does not provide health services or practice medicine. Innoviant Pharmacy
provides mail order pharmacy fulfillment services. You should consult with your
physician to assist you in evaluating the appropriateness of any medications
you are taking in the context of your situation and circumstances and with due consideration
to new developments. In no event shall Innoviant Pharmacy be liable for any decision
made or action taken in reliance on the information contained on this Site.
(b) Correction of Errors and Inaccuracies
The information on this Site may contain typographical errors or inaccuracies and
may not be complete or current. We therefore reserve the right to correct any errors,
inaccuracies or omissions and to change or update information at any time without
prior notice. We apologize for any inconvenience this may cause you.
(c) Third Party Sites
The links in this site to provider directories and other sites are provided for
your convenience only. Such third party sites were not created and are not maintained
by Innoviant Pharmacy, and Innoviant Pharmacy makes no representation as to such
sites or their content.
For Members: Before receiving any services from providers listed in any third party
site, you should verify that the provider is still participating in your network.
You may verify participation by calling the customer service number in your enrollment
material or on your ID card.
Innoviant Pharmacy is not responsible for your computer's malfunctioning or poor
performance while accessing or using the Site, or at any other time.
(e) Site is "AS IS"
You understand and expressly agree that use of the Site is at your sole risk, that
any material and/or data downloaded or otherwise obtained through the use of the
Site is at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the download
of such material and/or data.
THIS SITE, AND THE MATERIALS ON THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, INNOVIANT PHARMACY
DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. INNOVIANT PHARMACY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE
USE OF, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE,
REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE OR THAT THE SITE WILL MEET
ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR OTHERWISE
RESPECTING THE MATERIALS ON THIS SITE OR ANY THIRD PARTY SITES LINKED TO FROM THIS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL INNOVIANT PHARMACY BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE
OF OR THE INABILITY TO USE THE SITE, ANY CHANGES TO THE SITE, UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES,
EVEN IF INNOVIANT PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT INNOVIANT PHARMACY IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SITE, THE MATERIALS AVAILABLE
ON OR THROUGH THE SITE, OR WITH ANY OF INNOVIANT PHARMACY'S TERMS AND CONDITIONS,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTWITHSTANDING
ANYTHING ELSE, IN NO EVENT SHALL INNOVIANT PHARMACY BE LIABLE FOR DAMAGES IN EXCESS
OF ONE HUNDRED DOLLARS.
(f) Rights Under Law
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
THE WARRANTIES PROVIDED UNDER THIS AGREEMENT GIVE YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Section 6 - Indemnification
You agree to indemnify, defend, and hold harmless Innoviant Pharmacy, its parents,
subsidiaries, affiliates, officers, directors, employees, consultants, and agents
from any and all claims, liability, damages and/or costs (including but not limited
to attorney's fees) relating to or arising from your use (or any other user of your
account) of this Site, your violation of the Agreement, or your infringement, or
infringement by any other user of your account, of any intellectual property or
other right of any person or entity.
Section 7 - Miscellaneous
The section titles in the Agreement are solely used for the convenience of the parties
and have no legal or contractual significance.
This Site is controlled and operated by Innoviant Pharmacy from its offices within
the United States. Innoviant Pharmacy makes no representation that materials and
information on the Site are appropriate for use in or viewing from other locations.
Those who choose to access this Site from other locations do so on their own initiative
and are responsible for compliance with applicable local law.
The Agreement will insure to the benefit of Innoviant Pharmacy's successors, assigns
Innoviant Pharmacy's failure to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Innoviant Pharmacy in writing. No waiver of one provision of the
Agreement by Innoviant Pharmacy on one occasion shall constitute a waiver of any
provision of the Agreement on any other occasion.
(e) Limitations on Claims
You and Innoviant Pharmacy agree that any cause of action arising out of or related
to this Agreement or your use of the Site must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently barred.
If any provision(s) of this Agreement is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining in
full force and effect.
It is the express will of the parties that this Agreement and all related documents
have been drawn up in English.
(h) Choice of Law, Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of
the state of Pennsylvania and the United States of America , excluding their conflict
of law provisions. You submit to the exclusive jurisdiction of the courts in the
state of Pennsylvania and waive any jurisdictional venue or inconvenient forum objections
to such court.
(i) Entire Agreement
This Agreement constitutes the complete agreement between the parties with respect
to the subject matter hereof and supersedes and replaces all prior or contemporaneous
understandings or agreements, written or oral, regarding such subject matter.
Modified: November 15, 2004