Terms of Service
Last Updated June 21, 2018
Please read the Terms of Service carefully before accepting, accessing, or using this site.
ACCEPTANCE OF TERMS
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms of Use"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. As a condition of using this Web site, you agree not to use this Web site or its contents or information for any commercial or non-personal purpose (directly or indirectly).
Arteric may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Please regularly check the "Terms of Use" link on the home page of Arteric.com to view the then-current terms. If you violate any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates.
THE SITE
Arteric, its affiliates and agents ("Arteric") make this Web site and all other websites of Arteric with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, documents, communications, downloads, files, text, resources, programs and products made available at the Site by Arteric or users of this Site. "Services" means all services and resources offered at the Site, including product and other information services and communications services.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
All portions of this Site are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use thereof may violate such laws and the Terms of Use.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Arteric or other third parties. You are not permitted to use the Marks without the prior written consent of Arteric or such third party that may own the Marks. Arteric and the Arteric logo are trademarks of Arteric.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:
- Use or attempt to gain access to or use another's account, password, personal information, or computer systems or networks connected to any Arteric server or to the Site.
- Transmit unsolicited or bulk communications to any Arteric account holder or to any Arteric.com or affiliated e-mail address.
- Transmit or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, viruses and worms.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Arteric server or the network(s) connected to any Arteric server.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Arteric offers no guarantees and assumes no responsibility or liability of any type with respect to services of third parties available at the Site, including any liability resulting from incompatibility with Arteric Materials and Services.
Services and Materials will only be made available to users who have paid Arteric a fee for such Services and Materials.
Arteric, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Arteric may at any time without notice and in its sole discretion: (a) terminate a Service or access to or use of any Materials; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Arteric deems necessary to comply with applicable law, regulation, legal process or governmental request.
All required registration information that you provide to create an account must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Arteric immediately.
RESTRICTION AND TERMINATION OF USE
Arteric may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in Arteric’s sole discretion, without prior notice or liability to you.
LINKS TO THIRD PARTY SITES
The Site, Services or Materials may include Related Informational Resource links that will take you to other web sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Arteric to you as a convenience, which does not imply any endorsement or association by Arteric with any Linked Site. Arteric does not control such Linked Sites and is not responsible for their contents or your use of them.
Related commercial Products and Services may be offered for sale on this Site, some of which are linked to other web sites for referral sales and involve an affiliate marketing relationship. These products, services and offers may be presented on banner ads, logos, or described by other means, and will be designated as affiliates of Arteric, and will be identifiable with the word "Advertisement".
WARRANTIES AND DISCLAIMERS
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY Arteric UNDER THESE TERMS OF USE ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Arteric MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATION DEVICE, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Arteric ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. Arteric WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
INTERNATIONAL USERS
The Site is controlled, operated and administered by Arteric from its offices within the United States of America. Arteric makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
PERSONAL INFORMATION AND PRIVACY
Arteric will use and protect your data, such as your name and address, in accordance with the Arteric privacy policy, the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Materials and Services or to purchase from the Arteric online store.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Customer testimonials may be provided on the Site for informational purposes only. These reviews reflect the individual user’s opinions and experiences with OnTimeRx products and services and are only published with the reviewer’s permission.
Customers and visitors may e-mail comments, communications, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Arteric as to your identity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Arteric, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF Arteric HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED BY YOU OR TO YOU; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY INACCURATE INFORMATION PROVIDED BY YOU TO THIS SITE, (9) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (10) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
SPAM E-MAIL AND POSTINGS
In the event of your or others’ access to or use of the Site, Services or Materials in connection with the transmission of spam newsgroup postings or unsolicited e-mail, you acknowledge and agree that Arteric would be irreparably harmed and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Arteric is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Arteric may without restriction block, filter or delete unsolicited e-mail.
ADVERTISEMENTS AND PROMOTIONS
Arteric may run advertisements and promotions from third parties on the Site in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third party’s advertising or promoting on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third party. You acknowledge and agree that Arteric is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Arteric advertisers on the Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Arteric and its officers, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site (including all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site); (b) your violation of the Terms of Use; and (c) any dealings between you and any third parties advertising or promoting on the Site.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Arteric from its offices within the state of Florida, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Court of Orange County, Florida and the United States District Court for the Middle District of Florida with respect to such matters.
LANGUAGE
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.
USE BY CHILDREN
Arteric does sell products or services for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Site only with involvement of a parent or guardian. Arteric reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
GENERAL
The Terms of Use and other rules, guidelines, licenses and disclaimers posted at the Site or in connection with the Materials and Services constitute the entire agreement between Arteric and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Arteric on such subject matter (including any prior versions of the Terms of Use). You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Arteric’s prior written consent. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. Any failure by Arteric to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work appears on this Site in a way that constitutes copyright infringement, please provide Arteric’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Arteric of your claim that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Arteric’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Arteric Copyright Agent
c/o Karen J. Bernstein*
Bernstein IP
200 Park Avenue, Suite 1700
New York, NY 10166
USA
What do our happy customers say about OnTimeRx®?
A. Bornstein (a retired psychiatrist)
This new version is really super! There are a great number of new features that will be beneficial for my patients. Many have told me that their compliance is much better since using OnTimeRx. Very well thought out program.
