1. These Website Terms of Service for McBride Insurance Exchange, Inc. websites, located at http://www.LSRXCare.org/73572 and such other websites as may be owned/controlled by McBride Insurance Exchange, Inc. (collectively the "websites") constitutes a legal contract between you and McBride Insurance Exchange, Inc..
2. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITES, OR MAKING ANY PURCHASE OR USE OF OUR PRESCRIPTION RELATED PRODUCTS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF AT ANY TIME YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE YOUR USE OF THE WEBSITES.
3. Some of the products and services made available through the websites may be subject to additional terms and conditions, including those products and services offered by or through third-party providers. To the extent not inconsistent with these Terms of Service, these additional terms and conditions are hereby incorporated herein by reference; however, in the case of any inconsistency between these Terms of Service and any other document that is incorporated by reference herein, these Terms of Service shall control.
4. The products and services made available through the websites are not available to persons under the age of 18. By clicking any "let's get started", "submit" or other button, or by accessing, browsing or otherwise using the websites you represent and warrant to us that you are at least 18 years of age.
5. CONSENT TO CONTACT: As indicated next to the relevant link(s), by clicking the "Let's Get Started" button, you expressly McBride Insurance Exchange, Inc. and our other affiliates and partners to deliver or cause to be delivered telemarketing calls and SMS text messages regarding their products and services, using an automatic telephone dialing system or an artificial or prerecorded voice, to you at the telephone numbers you entered above, even if you are on any state or federal Do-Not-Call list, and even if these numbers are mobile phone numbers. You also authorize these entities to deliver email solicitations regarding their products and services to you at the email address you entered above. You understand that you are not required to give your consent as a condition of purchasing any property, goods, or services.
7. All content displayed on the websites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright, trade dress, patent and trade/service mark laws, international conventions, where applicable, and all other relevant intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of McBride Insurance Exchange, Inc. and/or its third-party licensors. Except as expressly authorized by McBride Insurance Exchange, Inc., you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content.
8. The websites may include links or references to other web sites owned or operated by third parties with which McBride Insurance Exchange, Inc. may have a relationship. McBride Insurance Exchange, Inc. has no control over such third party web sites and, thus, is not responsible for their availability, content or advertising, or any products or services available from such third parties. Your correspondence or business dealings with such third parties are solely between you and such third party. Access and use of such web sites is solely at your own risk.
9. Your correspondence or business dealings with any third parties are solely between you and such third party. McBride Insurance Exchange, Inc. is not responsible for any terms, conditions, warranties or representations associated with such dealings or liable for any loss or damage of any sort incurred as the result of such dealings.
10. McBride Insurance Exchange, Inc. at any time, in its sole discretion, for any or no reason, and without penalty or liability, may terminate your use of the websites and terminate any session. McBride Insurance Exchange, Inc. may also in its sole discretion and at any time discontinue providing access to one or more websites. Any termination of access to the websites may be effected with or without prior notice, and McBride Insurance Exchange, Inc. will not be liable to you or to any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
11. Your sole and exclusive remedy with respect to any dissatisfaction with (i) the websites, (ii) any term or condition of these Terms of Service or (iii) any policy or practice of McBride Insurance Exchange, Inc. in operating any website is to terminate your access to and discontinuing use of the websites.
12. You agree to indemnify, save and hold McBride Insurance Exchange, Inc. and its contractors, employees, agents and its third party suppliers and business partners harmless from any claims, losses, damages and liabilities, including legal fees and expenses, arising out of your use or misuse of the websites, any violation by you of these Terms of Service or any breach of the representations, warranties and covenants made by you herein. McBride Insurance Exchange, Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with McBride Insurance Exchange, Inc.'s defense of any such claims. McBride Insurance Exchange, Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
13. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS PROVIDED FOR IN PARAGRAPH 15 HERIN, McBride Insurance Exchange, Inc. AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM McBride Insurance Exchange, Inc. OR THROUGH THE WEBSITES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE. THE USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. NONE OF McBride Insurance Exchange, Inc. OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS WARRANT THAT ANY DATA, INFORMATION, COMMERCIAL CONTENT, THIRD-PARTY WEB SITES, PRODUCTS OR SERVICES OFFERED ON OR THROUGH THE WEBSITES OR ANY THIRD PARTY WEB SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY OF THE FOREGOING, IF PRESENT, WILL BE CURED OR STOPPED. YOUR USE OF THE WEBSITES OR ANY THIRD PARTY WEB SITES IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH WEBSITES. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL McBride Insurance Exchange, Inc. OR ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE WEBSITES OR ANY THIRD-PARTY WEB SITE OR ANY OTHER INTERACTIONS WITH McBride Insurance Exchange, Inc., EVEN IF McBride Insurance Exchange, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, McBride Insurance Exchange, Inc.'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. BY YOUR USE OF ANY McBride Insurance Exchange, Inc. WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE McBride Insurance Exchange, Inc. AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE 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."
14. You may contact McBride Insurance Exchange, Inc. at the address below. All notices to McBride Insurance Exchange, Inc. must be made in writing and mailed to: McBride Insurance Exchange, Inc., PO box 915, Oswego, NY 13126.
15. The failure of McBride Insurance Exchange, Inc. to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by McBride Insurance Exchange, Inc.. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Service shall remain in full force and effect and the parties agree that such court should endeavor to give effect to the parties' intentions.
16. These Terms of Service shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions.
17. Any claim or dispute you may have against McBride Insurance Exchange, Inc. must be resolved by a court located in New York. You agree to submit to the personal jurisdiction of the courts located within New York for the purpose of litigating all such claims or disputes.
18. All claims filed or brought contrary the above provisions shall be considered improperly filed. Should you file a claim improperly, McBride Insurance Exchange, Inc. may recover reasonable attorneys' fees and costs, provided that McBride Insurance Exchange, Inc. has notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
19. These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and McBride Insurance Exchange, Inc. and govern your use of the websites, superseding any prior agreements between you and McBride Insurance Exchange, Inc.. Notwithstanding the foregoing, you also may be subject to additional terms and conditions that may apply when you use or purchase certain products and/or services provided by McBride Insurance Exchange, Inc. or one of McBride Insurance Exchange, Inc.'s third party business affiliates and partners.