TERMS OF SERVICE
This website, www.PhydBack.com (the “Site”), is maintained by Rienzi & Rienzi Communications Inc. (“Rienzi & Rienzi” or “we”).
YOUR ACCESS AND USE OF THE SITE IS SUBJECT TO THE FOLLOWING TERMS OF SERVICE (“TERMS OF SERVICE”) AND ALL APPLICABLE LAWS. READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE. BY ACCESSING THE SITE, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS OF SERVICE.
Permitted Use: This Site is provided for your personal use and for informational purposes only. Subject to these Terms of Service, we hereby grant you a limited, non-exclusive, nontransferable license to use the Site for the purpose of: (i) accessing information on various healthcare products and services offered by our clients (each a “Business Partner”), and (ii) submitting responses to specific questions about a Business Partner’s product or service presented on the Site.
Registration: If you access the Site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any identification number provided should be safeguarded at all times. You are responsible for the security of your identification number and will be solely liable for any use or unauthorized use under such identification number or passwords. We may suspend or terminate your access at any time with or without notice.
Privacy: Rienzi & Rienzi takes your privacy and the privacy of your information very seriously. For further information about how we use information that you provide to us, please view our Privacy Policy.
Unauthorized Use: You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site. You may not take any action to interfere with the Site or any other user’s use of the Site, including, without limitation, via means of “overloading,” “flooding,” “mailbombing,” or “crashing” the Site. You may not frame portions of the Site within another website or establish links from any other website to any page of the Site other than the home page.
Proprietary Rights: The Site, and everything incorporated or used in connection with the Site, including but not limited to software, information, designs, graphics, text, methods, processes, technology and other intellectual property, are owned exclusively, or authorized for use, by Rienzi & Rienzi. By using the Site, you acknowledge such ownership. Except as expressly permitted in these Terms of Service, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any intellectual property contained therein without the prior written consent of Rienzi & Rienzi. You do not acquire any right, title or interest in such materials by virtue of accessing the Site or making permitted uses allowed under these Terms of Service.
No Medical or Other Warranties: This Site is for informational purposes only and is not intended to be a substitute for professional medical judgment, diagnosis, research, or treatment. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Rienzi & Rienzi, its Business Partners, or other third parties on the Site is solely at your own risk. Rienzi & Rienzi assumes no liability or responsibility for any errors or omissions in the content on the Site. Your use of the Site, and the content available on or through the Site, is at your own risk.
THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RIENZI & RIENZI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE. FURTHER, RIENZI & RIENZI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RIENZI & RIENZI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RIENZI & RIENZI SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL RIENZI & RIENZI BE LIABLE.
UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL OR DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are liable to you for any other reason, then Rienzi & Rienzi’s aggregate liability for all claims under such circumstances shall not exceed ten dollars ($10.00).
Changes: All information posted on the Site is subject to change without notice. In addition, these Terms of Service may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued use of the Site after such changes conclusively demonstrates your acceptance of those changes.
Indemnification: You agree to indemnify, defend and hold harmless Rienzi & Rienzi, its employees, directors, officers, agents and representatives from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, arising from, or related to, any breach by you of any of these Terms of Service or applicable law.
Severability: If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
Waiver Remedies: The failure of Rienzi & Rienzi to partially or fully exercise any rights or the waiver of Rienzi & Rienzi of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by Rienzi & Rienzi or be deemed a waiver by Rienzi & Rienzi of any subsequent breach by you of the same or any other term of these Terms of Service. The rights and remedies of Rienzi & Rienzi under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit Rienzi & Rienzi’s right to exercise any other right or remedy.
Governing Law: The laws of the State of New Jersey shall govern these Terms of Service. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY FOR ALL MATTERS. The parties agree that any actions or disputes shall be adjudicated between the parties hereto, and shall not be combined with any other actions or disputes of other parties.
Entire Agreement: These Terms of Service represent the entire agreement between the parties and supersede any prior agreements, understandings, informational pieces or other descriptions regarding the subject matter herein.
Questions: Should you have any questions regarding these Terms of Service you may contact us at: info@phydback.com.