Terms and Conditions

Acceptance and Amendments of Terms and Conditions

Acceptance and Amendments of Terms and Conditions. This website is owned by Cold Call Rx LLC (the “Company”). You may only use the website if you accept these Terms and Conditions (the “Terms and Conditions”) and the accompanying Privacy Policy located at https://coldcallrx.com/privacy-policy (the “Privacy Policy”). We reserve the right to amend the Terms and Conditions and Privacy Policy at any time in our sole discretion. It is your responsibility to review the current Terms and Conditions and Privacy Policy in force when using the Program. Amendments to the Terms and Conditions and Privacy Policy become effective upon posting anywhere on the website. You automatically agree to these Terms and Conditions by logging onto the Cold Call Rx website or using the website in any way. By using this website, you agreed to accept all terms and conditions. You must not use this Website if you disagree with any of these website Standard Terms and Conditions.

Copyright

Material on this website is protected by copyright and other law and may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company.

Trademarks

All trademarks on this site are property of the Company. No license is granted with respect to these intellectual property rights, except where expressly set out herein, and no trademarks on this site may be used without prior permission from the Company.

Links to Other Website and Services

The Program may contain links to web sites other than the Company’s. The Company does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. The Company does not control the content of these sites and takes no responsibility for their content, nor should it be implied that the Company endorses or otherwise recommends such sites or the products or services offered. Any concerns regarding any such sites or the products or services offered should be directed to the particular outside service of resource.

Responsibility and Age

If you subscribe to or otherwise access the website, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the website and to create binding legal obligations for any liability you may incur as a result of the use of the Program. This Website is not directed at children under eighteen (18) years of age. Accepting party should be at least eighteen (18) years of age. Users under 18 years of age are prohibited from registering with the Company and using the website.

Accuracy of Information

The information presented on our website has been compiled by the Company from internal and external sources, or provided by users. No representation is made or warranty given as to the completeness or accuracy of such information. The Company reserves the right to make changes to the information on the website, or to the services described therein, or update such information at any time without notice, but the Company makes no commitment to correct or update this information.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with

  • your use or inability to use the website; or
  • any information submitted by you or collected about you on the website. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the Company.

Disclaimer of Warranties

The information, services, products, and materials contained in this website, including without limitation, information, ratings, scoring, analysis, text, graphics, video, audio, and hyperlinks, are provided “as is” and without warranties of any kind, either express or implied, including but not limited to warranties of satisfactory quality, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance to the fullest extent permissible pursuant to applicable law. You acknowledge, by your use of this program, that your use of this program is at your sole risk, and that you assume full responsibility for all costs associated with any use of this program.

Release and Limitation of Liability

In no event shall Cold Call Rx., nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this website. Cold Call Rx., including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website. You hereby indemnify to the fullest extent Cold Call Rx. from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms. You therefore agree to release the Company and its employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, related to your use of the website or services. You further agree to release the Company and its affiliated parties from any claims, demands, damages, liability, costs or expenses, of every kind and nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the website. You agree that neither the Company nor its affiliated parties has any liability for any

  • indirect, special, incidental, or consequential damages
  • loss of profits
  • business interruption
  • loss of or damage to reputation, or
  • loss of information or data. Without limiting any other provision in these Terms and Conditions, the Company’s maximum aggregate liability to you for losses or damages you suffer in connection with the website is limited to the greater of
  • the amount paid, if any, by you to the Company in connection with the services in the twelve (12) months prior to the action giving rise to the liability; and
  • $50

Waiver of Class Action Rights

By using the website and agreeing to the Terms and Conditions, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with the Site or these Terms and Conditions must be asserted individually.

Arbitration

All disputes arising out of or relating to these Terms and Conditions or this Privacy Policy (including their formation, performance, or alleged breach), or your use of the website, will be exclusively resolved under confidential binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules, provided, further, that any arbitrator shall be either an attorney or retired judge having significant and recognized experience with and knowledge of privacy issues and information technology. The arbitration panel shall apply Florida law, without regard to its conflict of laws principles. In addition, the exclusive location for such arbitration shall be Pinellas County, Florida. All decisions of the arbitration panel shall be final and binding on the parties, which waive any right to further appeal the arbitration award, to the extent an appeal may be lawfully waived. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions whether through class arbitration proceedings or otherwise. Notwithstanding the above, the Company will have the right to seek injunctive or other equitable relief in state or federal court located in Florida to enforce these terms or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Governing Law

These Terms and Conditions shall be governed by the laws of the State of Florida, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Florida, in all questions and controversies arising out of your use of the Program and these Terms and Conditions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Program must be brought within one (1) years from the date on which such claim or action arose or accrued. The Company controls and operates the website from its headquarters in the United States of America and the website may not be appropriate or available for use in other locations. If you use this website outside the United States of America, you are responsible for following applicable local laws.