Last Modified: May 14, 2018
1. USE OF THE APPLICATION
2. RESERVATION OF RIGHTS
3. INFORMATIONAL CONTENT
The contents of the App, such as text, graphics, images, videos, information obtained from the App’s licensors, and other information or material contained on the App (“Content”) are for
informational purposes only. OTCMeds uses reasonable efforts to update the App’s Content. However, the App’s Content is subject to change without notice. By operating the App, OTCMeds does not represent or imply that it endorses the App’s Content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OTCMeds makes no representations or warranties as to the accuracy, reliability or completeness of any Content on the App. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other user of the App, or by anyone who may be informed of any of the App’s Content.
This App may include Content provided by third parties. OTCMeds may modify certain Content provided by third parties to facilitate searching and improve search results. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by OTCMeds, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of OTCMeds. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Please contact us at Support@otcme.com if you have questions about the Content presented on the App.
4. INTELLECTUAL PROPERTY
OTCMeds, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of OTCMeds. All other product names and company logos mentioned on the App or in the Content contained therein are trademarks of their respective owners. OTCMeds accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), OTCMeds reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing.
5. PROHIBITED ACTIVITIES
You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this App.
Additionally, you agree not to:
(a) use the App in any way that violates federal, state, local or international law or regulation, or generally accepted practices or guidelines in relevant jurisdictions;
(b) modify or hack any Content on the App;
(c) utilize the App in any way that would damage its Content or visibility for other visitors;
(d) use any such trademarks, service marks, trade dress, or other logos from the App without the prior written authorization of OTCMeds;
(e) access, monitor or copy any Content of this App using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(f) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of this App or any part thereof;
(g) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from this App, including any copy thereof;
(h) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making this App available on a network where it is capable of being accessed by more than one device at any time;
(i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting this App (or the servers, networks, and databases which are used by the App);
(j) violate the restrictions in any robot exclusion headers on this App or bypass or circumvent other measures employed to prevent or limit access to this App;
(k) introduce any spyware, viruses, Trojan horses, worms, keystroke loggers, rootkits, logic bombs or other material which is malicious or technologically harmful to the App (or the servers, networks, and databases which are used by the App);
(l) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure, or that otherwise interferes with or disrupts the App (or the servers, networks, and databases which are used by the App); and
(m)“frame”, “mirror” or otherwise incorporate any part of this App into any other mobile application without our prior written authorization.
(n) transmit material that is defamatory, hateful, abusive, harassing, embarrassing to any person or entity. For example, sending weight loss medications to an obese person for purposes of harassment.
6. COLLECTION AND USE OF YOUR INFORMATION
7. SUBSCRIPTIONS AND UPDATES
OTCme offers two auto-renewing subscription options, a monthly and yearly option. The price of each may change from time to time, but will be fixed at the price the user subscribes to. The subscriptions provide for a 7-day trial period.
The 7-day trial period will automatically opt-in to a subscription if the user does not cancel. OTCme subscriptions automatically renew unless the auto-renew is turned off at least 24 hours before the end of the current period. Payment will be charged to your iTunes account at confirmation of purchase. Your account will be charged for renewal within 24-hours prior to the end of the current period depending on which subscription you choose.
Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase. Any unused portion of the free trial period will be forfeited when the user purchases a subscription to OTCme.
OTCMeds may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that OTCMeds has no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
If notified of an allegation that the App contains infringing Content, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the App.
We may disclose your identity or other information about you to any third party who claims that Content posted by you violates their rights, including their intellectual property rights or their right to privacy.
We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the App.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the App. YOU WAIVE AND HOLD HARMLESS OTCMEDS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCEOF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
OTCMeds does not undertake to monitor or review every Submission, and OTCMeds disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. OTCMeds is not responsible for screening, policing, editing or monitoring the Submissions and other third party statements posted on the App, including, without limitation, all third-party advertising or sponsorship posted on the App.
Submission must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
REPRESENTATIONS AND WARRANTIES OF USER
12. OTCMEDS DOES NOT PROVIDE MEDICAL ADVICE
YOU SHOULD NOT RELY ON THE INFORMATION PROVIDED ON THE APP AS A SUBSTITUTE OR REPLACEMENT FOR, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING
MEDICAL ADVICE FROM A HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE APP. INFORMATION PROVIDED ON THE APP IS USED SOLELY AT YOUR OWN RISK. NOTHING STATED OR POSTED ON THE APP OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, THE PROVISION OF MEDICAL CARE, OR TO CREATE A DOCTOR-PATIENT RELATIONSHIP.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
13. NO WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for protection from viruses, malware, and other software or material that is malicious or technologically harmful, accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER DEVICES, COMPUTER PROGRAMS, APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOURUSEOF THEAPPOR ANY SERVICES OBTAINED THROUGH THE APP OR TO YOUR COPYING OR DOWNLOADING OF ANY MA TERIAL POSTED ON THE APP , OR ON ANY WEBSITE LINKED TO THE APP.
YOUR USE OF THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER OTCMEDS NOR ANY PERSON ASSOCIATED WITH OTCMEDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY , RELIABILITY , QUALITY , ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER OTCMEDS NOR ANYONE ASSOCIATED WITH OTCMEDS REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE APP OR THE SERVER(S), NETWORK(S), OR DATABASE(S) THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE APP OR ANY SERVICES OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
14. GENERAL LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE APP OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE THE APP OR THE SERVICES, OR (B) $5.00. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST REVENUE, LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
15. INTERRUPTION OF SERVICE AND ACCOUNT SECURITY
OTCMeds reserves the right to Discontinue the App with or without notice to you. OTCMeds shall not be liable to you or any third party should we exercise our right to discontinue the App. We do not guarantee continuous, uninterrupted or secure access to the App. The operation of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
16. ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES
The App may provide links to third-party websites. OTCMeds also may select certain sites as priority responses to search terms you enter and may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. OTCMeds has not reviewed, and cannot review, all of the material made available through the websites, webpages, advertisements or sponsored content to which the App links, and that link to the App. OTCMeds does not recommend and does not endorse the content on any third-party websites. OTCMeds is not responsible for the content of linked third-party sites, sites framed within the website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. OTCMeds does not endorse any product, service, or treatment advertised on the App. OTCMeds disclaims all liability and responsibility for any loss or harm resulting from the use of third-party websites, webpages, advertisements or sponsored content by you or any other user of the App, or by anyone who may be informed by the contents of such third-party websites, webpages, advertisements or sponsored content.
17. GEOGRAPHIC RESTRICTIONS
OTCMeds is based in the United States of America and the App is intended solely for residents of the United States. We makes no representations that the App and its Content are appropriate or available for use in all locations or may be used outside of the United States. Use of the App may not be legal by certain persons or in certain countries. By using the App, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
By using the App, you consent to the transmission of your personal information, including your user id, password, and any other personal information we may collect from you, to the United States, and you acknowledge and accept all liability and responsibility arising from the transmission of such information to the United States. Our database is hosted by an internationally recognized service that at its discretion may store the data in the United States or any other country. You consent to possible storage and transfer outside the United States.
20. DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please notify us immediately. You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C § 512(c)(3)) to us at Support@otcme.com.
21. ELECTRONIC CONTRACTING AND NOTICES
22. ENTIRE AGREEMENT
23. CHOICE OF LAW; CONSENT TO ARBITRATION
25. CONTACT INFORMATION
All feedback, comments, requests for technical support and other communications relating to the App should be directed to OTCMeds at Support@otcme.com.