
This Terms of Use Agreement (“Agreement”) relates to all of the web sites owned by and affiliated with MyCareerRx. (“MyCareerRx Sites”) and all features, content, or applications offered from time to time in connection with the MyCareerRx Sites (collectively, the “Services”). By accessing or using the MyCareerRx Sites, as a “Visitor” or “Member” or in any other capacity, you (the “User”) are acknowledging and agreeing to the terms and conditions of this Agreement, as it may be amended or supplemented from time to time.
Links to External Sites
Use of the Services
Comments, Forums and Discussion Groups
In order to make our comments interesting and informative for Users, the following guidelines must be adhered to by all Users posting and/or viewing comments:
If a comment is made using your identity it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not make false or misleading statements.
Do not offer to sell or buy any product or service, or post links to third party websites.
Do not post material that infringes any third party’s copyright, trademark or proprietary rights.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Keep all comments relevant and ‘on topic’ to the particular MyCareerRx Site posting open for comments.
If MyCareerRx receives notice that any posting is not in keeping with these terms and conditions, MyCareerRx may remove that posting and/or any other related postings without liability or penalty. MyCareerRx reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
MyCareerRx assumes no responsibility for monitoring the Services for inappropriate Content or conduct. Even if MyCareerRx chooses, in its sole discretion, to monitor the Services, it shall be under no obligation to modify or remove any inappropriate Content.
Member Disputes
You are solely responsible for your interactions with other Users of the MyCareerRx Sites. MyCareerRx reserves the right, but has no obligation, to monitor disputes between you and other Users.
Modification
MyCareerRx reserves the right to change or modify this Agreement, the MyCareerRx Sites or the Services, for any reason at its sole discretion, with or without notice to you. Your continued access or use of the MyCareerRx Sites and/or Services shall be deemed to be your conclusive acceptance of any amended Terms of Use. MyCareerRx is not liable for any modification or suspension of Services.
Applicable Laws
By accessing the MyCareerRx Sites, you and MyCareerRx agree to submit to the personal and exclusive jurisdiction of the State of New York, without regard to the conflicts of laws principles thereof. Any dispute arising out of this Agreement must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) located in New York, New York.
Disclaimer; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MYCAREERRX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MYCAREERRX MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, FREE OF VIRUSES, TIMELY, SECURE, OR ERROR FREE; NOR DOES MYCAREERRX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.
IN NO EVENT SHALL MYCAREERRX, LOEB ENTERPRISES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT YOU PAID TO BE A MEMBER OF THE SERVICES. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, ARISING OUT OF OR RELATING TO USE OF THE SITE OR SERVICES ARE HEREBY EXCLUDED EVEN IF MYCAREERRX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Inaccurate Content
MyCareerRx is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Services provided, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Users of MyCareerRx Sites may contain links to other websites and MyCareerRx is not responsible for any such links or content. MyCareerRx assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
Indemnification
You agree to defend, indemnify and hold MyCareerRx, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, expenses, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services and/or arising from a breach of this Agreement and/or if any content, hyperlinks, applications or other materials that you post on the MyCareerRx Sites or through the Services are found to be infringing or violate a third party’s rights.
Miscellaneous
This Agreement constitutes the entire agreement between you and MyCareerRx regarding the use of the Services. The failure of MyCareerRx to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Contact Information
If you have any questions or notices of violations to these terms and conditions, please send an email to support@mycareerrx.com or mail to MyCareerRx, 590 Madison Avenue, 26th Floor, New York, NY 10022.
