Why Military Rx?Why Military Rx?Welcome to MilitaryRx, LLC. (“MilitaryRx” or “we” or “us”), and to MilitaryRx.com. We look forward to you using services hosted at www.militaryrx.com and other affiliated websites and mobile phone applications (collectively, the “Service”). These Terms of Service and other referenced policies explain:
Provision of the Service and your acceptance of all applicable terms and conditions, policies, and all other obligations upon you, will be governed by Colorado Law and any applicable Federal laws, or where indicated, other applicable international laws.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH MILITARYRX.
Please read these Terms of Service carefully. By signing-up to use the Service, you acknowledge that you have read, understood, and agree to be bound to all the terms of these Terms of Service as well as the policies referenced in these Terms of Service, including our Privacy Policy and other policies that MilitaryRx may from time to time issue. If you do not wish to be bound by these Terms of Service, it will not be possible for you to become a registered member or to use the Services, however you are free to browse the public non-member portions of the Website at any time..
Global Minimum Age Requirements: Persons under the age of 18 may not use the Service or Website. The Service and Website are neither intended for nor designed to be used by anyone under the age of 18. The Website and Service are intended solely for persons who are 18 years of age or older. Any access to or use of the Website or Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Website or Service, you represent and warrant that you are 18 years old or older. If you have reason to believe that a person under 18 years of age is using our Service or Website, please contact us at support@militaryrx.com and we will immediately delete such information, subject to and in compliance with applicable law.
If we decide to change these Terms of Service, we will post those changes to this page so that you are aware of them. We reserve the right to modify these Terms of Service at any time, so please review it frequently. If we make material changes to these Terms of Service, we will notify you here, by email, or by means of notice on our home page. Unless otherwise noted by us, your continuing use of the Services after we have notified you of any changes to these Terms of Service will indicate your agreement to all changes. If, at any time, you do not agree to any terms of these Terms of Service you may close your account.
In addition to violating the Terms of Service of the Website, any of the foregoing actions on your part, or on behalf of any entity you are representing, constitutes intentional, unauthorized access of MilitaryRx’s protected computer, may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030), and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by MilitaryRx or by respective third-party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of MilitaryRx and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of MilitaryRx and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Website on any other server without MilitaryRx’s prior express written permission. Except where expressly provided otherwise by MilitaryRx, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of MilitaryRx’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by MilitaryRx. MilitaryRx does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by MilitaryRx. Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Termination of Your account. You or we may suspend, revoke or terminate your account, your MilitaryRx account, or your use of this Service at any time, for any reason or for no reason and without notice. In such an event, we will protect your personal information as set forth in our Privacy Policy. In spite of any suspension, revocation or termination, you remain personally liable for any orders that you place or charges that you incur prior to termination
Termination of the Service. In the unlikely event that MilitaryRx terminates the overall provision of its service, MilitaryRx protect and/or destroy your Personally Identifiable Information in accordance with our Privacy Policy.
The Service may provide and the Website may contain links or have references to websites controlled by parties other than MilitaryRx. MilitaryRx is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Moreover, these third-party websites are governed by their own terms of use and privacy policies, which we encourage you to review. MilitaryRx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MilitaryRx of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by MilitaryRx. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.
Your account may be validated by using a third-party authentication method from a third-party app or site. You understand that that the third-party app site that you allow to authenticate you, has its own terms of service and privacy policy that would apply to your use of such app or site. In the event that you use a third-party authentication method, you represent that you are and have authorized access to the third-party account and are bound by the terms and conditions of that third party.
Except where expressly provided otherwise by MilitaryRx, all comments, feedback, information and data submitted to MilitaryRx through, in association with or in regard to the Service, Website, and/or any other MilitaryRx goods or services (“Submissions”) shall be considered non-confidential and MilitaryRx’s property. This may not include copyright ownership of images which you may upload but does include an express license to use said images in any method MilitaryRx sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to MilitaryRx, you agree to assign to MilitaryRx, as consideration in exchange for the use of the Service and Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant MilitaryRx these rights. MilitaryRx shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not MilitaryRx, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.
MilitaryRx reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any MilitaryRx site that violates these Terms of Service and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Service and/or protect the safety or security of any person or property, including any MilitaryRx site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever. All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent. If you do so, MilitaryRx reserves the right to cancel or suspend your account. Furthermore, MilitaryRx reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using MilitaryRx for improper purposes, or any purpose inconsistent with its business.
Unless otherwise stated, MilitaryRx does not charge members any fees for registering and/or using the Service or Website.
In no event shall MilitaryRx be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, Content, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Website or the Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to its indemnity obligations. This paragraph shall not affect the rights listed below in the section titled “Indemnities”. To the extent allowed by law, in no event shall the aggregate liability of MilitaryRx exceed $1,000.00.
You are being granted solely a revocable, NON-TRANSFERRABLE limited license to access and use the Website and the Service, in compliance with these terms. All rights not granted to you in the Terms of Service are expressly reserved by us.
You grant to MilitaryRx and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to MilitaryRx by you in the course of accessing and/or using the Service and/or Website. Notwithstanding the foregoing, MilitaryRx’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of the Privacy Policy.
Each party represents and warrants that it has the power and authority to enter into these Terms of Service. MilitaryRx warrants that it will provide the Website and the Service in a manner consistent with its business practices, as MilitaryRx, in its sole and absolute discretion, deems fit. You represent and warrant that any information you provide in connection with the Service is accurate and current and that you have the right to provide such information.
Except where expressly provided otherwise by MilitaryRx, the Service and the Website are provided “as is” and “as available.” Except for the express warranties set forth herein, MilitaryRx hereby disclaims all express or implied representations, warranties, guarantees, and conditions with regard to the Service and Website including but not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Except to the extent that such disclaimers are held to be legally invalid. MilitaryRx makes no representations, guarantees or warranties regarding the reliability, availability, timeliness, quality, suitability, truth, accuracy or completeness of the Website, Service, materials associated therewith, or the results you may obtain by accessing or using the Website, the Service or materials associated therewith. Without limiting the generality of the foregoing, MilitaryRx does not represent or warrant that (a) the operation or use of the Website, Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that MilitaryRx controls the transfer of data over communications facilities, including the internet, and that the Website and Service may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. MilitaryRx is not responsible for any delays, delivery failures, or other damage resulting from such problems.
You will defend, indemnify and hold MilitaryRx, and all of its current and former officers, owners, directors and affiliates, harmless against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with a claim by a third party related to your use of the Website and the Service.
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website and Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which MilitaryRx controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. MilitaryRx is entitled to act on instructions received under your username and password. MilitaryRx is not responsible for any credits or debits made to your account by someone else who uses your password. MilitaryRx will not be responsible for any losses or liabilities incurred through the use of your password by a third party. You authorize MilitaryRx to disclose to third parties, information you have provided, or information that MilitaryRx has obtained about your MilitaryRx account, as further set forth in our Privacy Policy.
For general changes which do not affect the collection or handling of users’ personal information in a more restrictive way, MilitaryRx may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in MilitaryRx’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in MilitaryRx’s account information. You may give notice to MilitaryRx at any time by letter sent by email to legal@militaryrx.com, or by letter delivered by registered mail with return receipt to: MilitaryRx, Inc. 18695 Pony Express Way, Unti 1119, Parker, CO 80134. All notices shall be deemed received on delivery if by personal delivery or email, or two days after dispatch if sent by registered mail.
MilitaryRx complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to MilitaryRx, Inc.’s designated agent via email at legal@militaryrx.com, attention legal counsel, or via registered US mail sent return receipt to: MilitaryRx, LLC. 18695 Pony Express Way, Unti 1119, Parker, CO 80134.
MilitaryRx offers the following process to help you resolve a complaint or Dispute (as defined below) that you may have with MilitaryRx, any services offered via the Website or Service, or use of the Website or Service. Should you have any dispute concerning MilitaryRx or the Service, you must first provide written notice describing the dispute to MilitaryRx. If the matter is not resolved within 60 days from the date of such notice, you agree that any remaining disputes will be resolved solely by binding arbitration conducted in accordance with, and under the management of, the American Arbitration Association, said proceedings to take place exclusively within Denver, Colorado unless the parties mutually agree otherwise.
Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you.
These Terms of Service represent the parties’ entire understanding relating to the use of the Service and the Website, and supersedes any prior or contemporaneous, conflicting or additional, communications. MilitaryRx reserves the right to change these Terms of Service or its policies relating to the Website and Service at any time and from time to time, and such changes will be effective upon being posted herein. If we make material changes to these Terms of Service, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms of Service may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Website and Service after any such changes are posted shall constitute your consent to such changes. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be conformed to render them enforceable according to their intent, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between MilitaryRx and you as a result of these Terms of Service or use of the Website. You may not assign these Terms of Service without the prior written approval of MilitaryRx. Any purported assignment in violation of this section shall be void. MilitaryRx reserves the right to use Third Party Providers in the provision of the Website, the Service, and the goods, services and Materials associated therewith. The failure of either party to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Service, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by MilitaryRx.
Elements of the Website and Service are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by MilitaryRx. The MilitaryRx trademarks and/or other MilitaryRx identifiers referenced herein are trademarks of MilitaryRx and/or its affiliates and may be registered in certain jurisdictions.
If you have any questions about these Terms of Service, or if you would like to request permission to use any of MilitaryRx’s Materials, please contact our Member Support desk at help@militaryrx.com.