Terms of Service
Last Updated February 9, 2015
Please read the Terms of Service carefully before accepting, accessing, or using this site.
ACCEPTANCE OF TERMS
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
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.
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 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.
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
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Customer testimonials may be provided on the Site for informational purposes only. These reviews reflect the individual users opinions and experiences with OnTimeRx products and services and are only published with the reviewers 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
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.
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.
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 Mateer & Harbert, P.A.
P.O. Box 2854
Orlando, FL 32802-2854
Arteric Copyright Agent
c/o Mateer & Harbert, P.A.
225 Robinson Street, Suite 600
Orlando, FL 32802-2854
What do our happy customers say about OnTimeRx®?
R. McAndrew, Canada
I use OTRx - for Palm and desktop - several times each day and had to access my 911 info for no less than five ER events last year. Extremely helpful software!