Terms and Conditions
Legal Notices and Disclaimers
Welcome to the ScriptSmartLLC’s Web Site (The “Site”). Please read the following Terms and Conditions of Use (“Terms”) carefully before using the Site. It governs your relationship with ScriptSmartLLC regarding your use of the site.
You should not substitute information on the ScriptSmartLLC Web Site for Professional Advice.
This Web site provides general educational information. This information is not provided in the course of a professional relationship between a health care provider and patient. It is not intended to be, and should not be used as, a substitute for medical treatment by a healthcare professional.
ScriptSmartLLC is not making a diagnosis of your condition or a recommendation about the course of treatment for your particular circumstances through the use of this Web Site.
Your permission to use the ScriptSmartLLC Web Site.
ScriptSmartLLC give you limited personal permission to use the Web Site. Your permission to use the Web Site is limited in several ways. For example, the only use for which you may use, download, or print material contained on this Site is for internal personal ways. You may also may not:
• Frame all or part of the Web Site
• Systematically download or print materials from the Web Site
• Change or delete any proprietary notices from materials downloaded from the Site
• Transmit or provide any data from the Web Site to a third party
• Use the Web Site in any manner contrary to applicable law
Your permission terminates immediately, without further action by ScriptSmartLLC if you breach these Terms. You may not transfer or assign your permission to another party.
SctiptSmartLLC is the owner or licensee of all rights in the Web Site, its content, software, and services. You have no right to such content, software or services if not expressly granted in this Agreement by ScriptSmartLLC and the logos or other proprietary marks of ScriptSmartLLC.
This Site is provided “As is”.
SERVICES PROVIDED THROUGH AND INFORMATION CONTAINED ON THE SITE ARE PROVIDED AS IS AS AVAILABLE SCRIPTSMARTLLC MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE. FURTHER, SCRIPTSMARTLLC DISCLAIMS ANY WARRANTY THAT THE SITE WILL BE AVAILABLE AT ALL TIMES OR WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SCRIPTSMARTLLC MAKES NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SITE.
You alone are Responsible for Your Use of the Site.
You agree to be solely responsible for your use of this Web Site.
SCRIPTSMARTLLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR BECAUSE THROUGH YOUR USE OF THE SITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SCRIPTSMARTLLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS SITE.
THESE LIMITATIONS SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
You agree to indemnify and hold ScriptSmartLLC harmless for any claims, losses or damages, including attorney’s fees, resulting from your breach of these terms or use of this Web Site.
ScriptSmartLLC is Not Responsible for any links to or from other Web Sites.
Browser Cookies and Web Beacons
We may use browser “cookies” or web beacons to make our site and services more useful to you. Browser cookies are small data files placed on the computer hard drives of users of our web and mobile apps. Cookies help us to tailor our apps to be more helpful and efficient for you. The cookie consists of a unique identifier that does not contain information about you or your health history. We use two types of cookies:
• Session cookies help customize your experience on our site, by maintaining your signed-on status as you navigate through and tracking your “click path” through our pages or screens. Session cookies are temporary, and expire after the session ends and you close your browser app.
• Persistent cookies remain on your hard drive after you’ve exited from our website. If you’ve given us permission to send you information about our services, we may place a persistent cookie on your hard drive that will let us know when you come back to visit our site.
You may have software on your computer that will allow you to decline or deactivate cookies or Beacons. If you do so, some features of the Web Site or Apps may not work properly for you. For instructions how to remove cookies from your hard drive, go to your browser’s web site for detailed instructions. In addition, further information regarding cookies may be available on other web sites or from your internet provider.
You Agree that ScriptSmartLLC may share certain information about you.
You agree that, should elect to supply it, ScriptSmartLLC may use your name, e-mail address, physical address, or other data to communicate with you. You may request to have this information modified or deleted from your records. ScriptSmartLLC may use this information as necessary to enforce these Terms. ScriptSmartLLC will not sell this information to any other party.
This Agreement is Governed by California Law.
This Agreement shall be governed by and constructed in accordance with the laws of the State of California, United States of America, as such laws would apply to a contract fully negotiated, entered into, and performed in that State.
You Agree to Arbitrate Any Dispute Between Us.
You agree that any dispute, controversy or claim arising out of or related to these Terms or your use of the Site will be resolved and settled through arbitration administered by the American Arbitration Association and conducted in Monterey County, California, United States of America. Judgement on any award by the arbitrator may be in any court of competent jurisdiction.
Any Action Against ScriptSmartLLC must be brought in California.
You agree that the State or Federal courts located in Monterey County, California, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms or your us of the Site. You waive ant claim that a court located in or serving Monterey County, California, lacks personal jurisdictions over you, is an improper venue, or is an inconvenient forum.
Other Miscellaneous Provisions.
These Terms constitute the entire and only understanding between you and ScriptSmartLLC regarding your use of this Web Site. No modification or attempted modification of these Terms by you shall be binding on ScriptSmartLLC unless made in writing and physically signed by an authorized representative of ScriptSmartLLC. ScriptSmartLLC may modify these Terms at any Time.
Notices sent to you by ScriptSmartLLC in connection with these Terms or your use of the Site may be delivered to you by electronic mail, a general notice on the Site, or by written communication delivered by First Class U.S. Mail. You may give notice to ScriptSmartLLC at any time by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
P.O. BOX 222112
CARMEL, CA 93922
These terms are severable to the extent any item is deemed invalid, illegal or unenforceable. ScriptSmartLLC’s failure to enforce any provision of these terms shall not be deemed a waiver of that or any other provision of these Terms.
Your use and continued use of the ScriptSmartLLC’s Site reflect your agreement to these Terms and any modifications of these Terms made by ScriptSmartLLC.