Users of the Website must not:
- Monitor, gather or copy any content on this Website by using any robot, "bot," spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or use framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with the Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Website.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any ArrayRx or Moda website, application, or system.
- Attempt to use the Website for any purposes other than those intended by ArrayRx, as determined by ArrayRx or Moda, in their sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user's access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.
All items on this Website, including, but not limited to, the design, content, text, graphics, pictures, information, data, software, sound files and other files remain the property of Moda Partners, Inc., and, as applicable, its parents, affiliates, and subsidiaries, and are protected by United States and international copyright laws. A single copy of these items may be downloaded and/or reprinted by you solely for your personal and noncommercial use. Any downloaded or reprinted materials may not be altered in any way and must contain any copyright or other proprietary rights notices that were contained in the downloaded material, including the following copyright notice: "Copyright © Moda Partners, Inc. All Rights Reserved." Any other use of the material, in whole or in part, for any other reason is expressly prohibited unless prior written consent is obtained from Moda. Any rights not expressly granted by the Terms or any applicable end-user license agreements are reserved by Moda.
"ArrayRx" and the names of all ArrayRx products and services referenced in this Website are the trademarks or registered trademarks of Moda Partners, Inc., including the look-and-feel, the layout, and the other graphical elements. You may not use any ArrayRx trademark in any manner without the prior written consent of Moda. The names and products of any other companies referenced in this Website may be the trademarks of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ArrayRx, the ArrayRx Discount Card Program or Moda.
At its sole and absolute discretion, Moda may, at any time and without notice, add to, revise or otherwise change: (a) the information contained in this Website; (b) the products and services described in this Website; or (c) the Terms. Any changes to the Terms, or to the information contained in this Website shall be effective immediately upon posting on this Website. Therefore, you are responsible for reviewing the Terms and applicable policies from time to time to understand how they apply to your use of this Website. Your continued access or use of this Website after such changes have been posted constitutes your acceptance of and agreement to abide by such changes.
All information contained within this Website is provided on an "AS IS" and "AS AVAILABLE" basis, without representations or warranties of any kind, express or implied. ArrayRx and Moda hereby expressly disclaim all warranties and conditions with regard to any information contained in this Website, including any implied warranties of merchantability and fitness for a particular purpose.
The information contained in this Website is not intended to be and should not be considered a substitute for professional medical advice or medical care. Always seek the advice of a physician or other qualified health care provider with any questions you may have regarding a medical condition or prior to starting any new treatment. ArrayRx is simply providing pricing information to you without making any sort of analysis or evaluation of your particular medical needs. As always, any comments, questions or concerns regarding a particular course of treatment or medication should be directed at your health care provider.
Limitations of liability
ArrayRx and Moda shall not be responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising from your use of this Website, or the information or data it contains, or for your inability to access this Website. Your sole remedy for dissatisfaction with this Website, Website-related services, and/or third-party websites is to stop using this Website, the third-party websites and/or those services.
You agree to defend, indemnify and hold harmless ArrayRx, Moda, and their parent organizations, affiliates, subsidiaries, independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to the content that you share, your conduct, your violation of these Terms or your violation of these rights of any third party.
The Terms shall be governed by and construed in accordance with the laws of the state of Oregon, without regard to its conflict of laws principles. You agree to submit to the exclusive jurisdiction of the courts located in Multnomah County, Oregon, for the resolution of any and all disputes arising out of or relating to your use of this Website.
Links to third-party websites
Certain links on the ArrayRxCard.com Website will let you leave this Website. The linked websites are not under the control of Moda, and Moda and ArrayRx are not responsible for the contents or use of any linked website. These links are provided solely for your convenience and the inclusion of any link does not imply endorsement by Moda or ArrayRx, or acceptance of responsibility for the content or use of any such linked website.
If any provision of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.