MEI Services, Inc. Website Terms of Use
Acceptable Use. These Terms of Use (“Terms”) apply to visitors (“You”) of all sites operated by MEI Services, Inc., (“MEI”) including www.pharmalife.com (“Site”). MEI grants you, the user, the limited, non-exclusive, non-transferable license (subject to any restrictions set forth herein), which MEI reserves the right to revoke at any time in its sole discretion, to electronically access the Site. By using the Site, you agree to comply with and to be bound by these Terms, and the terms set forth in MEI Privacy Policy. If you disagree with these Terms and/or the Privacy Policy, or do not agree to be bound by them, you are not authorized to access the Site.
Intellectual Property. Unless otherwise stated herein or in the Privacy Policy, MEI is the owner or licensed user of any and all intellectual property, materials, works, software, code, and other functions accessible through the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, (collectively, the “Content”), all of which are protected by copyright, trademark, patent, and/or other intellectual property laws, as applicable. MEI owns all legal rights, title, and interest in and to the Site, the Content, and any associated data collected therefrom, including any intellectual property rights which subsist on the Site (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Any unauthorized use of the Content of the Site is strictly prohibited. Except as expressly provided in these Terms, MEI does not grant you any express or implied rights to use the Content found on this Site. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on Content, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any Content, except as expressly authorized by the Site or through the written consent of MEI. You further acknowledge that the Site may contain information that is designated confidential by MEI and you shall not disclose such information without MEI’s prior written consent. Unless you have agreed otherwise in a separate writing signed by MEI, nothing in these Terms gives you a right to use any of MEI’s (or MEI’s licensors) trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, and you agree not to use any trade mark, service mark, trade name, the logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
User & System Data; Privacy. In using the Site, it may be necessary for MEI to obtain, receive, or collect data or information, including system-specific data from you (collectively, the “Data”) in order to improve the usability of the Site or the services provided thereby. In such cases, you grant MEI a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create derivative works of the Data solely for these purposes. In addition, you grant MEI a license to aggregate and use the Data in an anonymous manner in support of our marketing and sales activities.
Third-Party Content. Parts of the Site may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Site, queries made through the Site, or other information. The manner, mode, and extent of advertising by us on the Site are subject to change without specific notice to you. In consideration for granting you access to and use of the Site, you agree that MEI may place such advertising on the Site. The Site may also contain links to other websites that are not under MEI’s control, and it is not responsible for and make no representations, warranties, or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on them. Also, the information contained in the links may be changed or updated at any time without notice. MEI provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation, or verification by MEI of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these websites, which you should locate and review before using.
Password Protected Features. In order for you to be able to utilize the Site, MEI requires you to set up an account and obtain a username and password. You agree to maintain adequate security procedures to prevent unauthorized use or disclosure of your username and password and to protect the Site from improper access. Your username and password are personal to you only and your right to use the Site is not transferable. All fees incurred by persons to whom you have disclosed your username and password shall be your sole responsibility. If you become aware of any unauthorized use of your username and password, or of your account, you agree to notify MEI immediately by sending an email to emarsupport@pharmalife.com.
Electronic Communications. By using the Site, you consent to receive communications from MEI via telephone, facsimile, or electronically. MEI may also communicate with you by posting notices on the Site. You agree that any and all communications that MEI provides to you electronically constitute writing to the maximum extent of the law.
Prohibited Use. MEI grants you a limited license to access and make personal use of this Site for informational purposes only. MEI strictly prohibits any other use of any content available through the Site, including but not limited to:
- Any downloading, copying, or other use of the content or the Site for purposes competitive to MEI. or for the benefit of another vendor or any third party;
- Any caching, unauthorized linking to the Site, or the framing of any content available on the Site;
- Any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products, or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);
- Any uploading, posting, or transmitting of any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer;
- Using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site.
- Any action that imposes or may impose (in MEI’s sole and absolute discretion) an unreasonable or disproportionately large load on its infrastructure, or damage or interfere with the proper working of our infrastructure;
- Any action intended to disable, bypass, defeat, avoid, remove, deactivate, or otherwise circumvent any technical measures MEI has implemented to safeguard the stability of the Site or the confidentiality, integrity, or availability of any information, content, or data hosted or housed on the Site;
You are solely responsible for obtaining access to the Site, and that access may involve third-party fees (such as internet service provider, cellular data, or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by MEI.
MEI reserves the right to refuse or cancel any person’s registration to access this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. MEI neither warrants nor represents that your use of the Content available on this Site will not infringe the rights of third parties not affiliated with MEI. Termination of your access or use will not waive or affect any other right or relief to which MEI may be entitled, at law or in equity.
No Medical or Legal Advice. Certain informational features of the Site may contain medical or regulatory-related information. The content that you obtain or receive from our Site is not providing legal, regulatory, or medical advice, and no attorney/client or physician/patient relationship is created by your use of the Site. MEI does not ensure the completeness, timeliness, or accuracy of any Site content. The Content is strictly for informational purposes only. You should seek professional advice including consulting with a qualified licensed physician, as appropriate.
DISCLAIMERS AND WAIVER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, AS REQUIRED BY APPLICABLE LAW, OR, IF APPLICABLE, AS PROVIDED IN A SEPARATE WRITTEN AGREEMENT SIGNED BY MEI, MEI MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER RELATED TO YOUR USE OF THE SITE.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MEI RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND WITHOUT NOTICE. MEI DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE NON-PASSWORD SECURED PORTIONS OF THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE NON-PASSWORD SECURED SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. SUCH DISCLAIMER INCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, ALL TO THE MAXIMUM EXTENT PERMITTED BY LAW. MEI ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITE.
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST MEI, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, INFORMATION PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE “RELEASEES”) FOR ANY AND ALL LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE.
RELEASEES’ LIABILITY TO YOU, WHETHER BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE, WILL BE SOLELY LIMITED TO YOUR DIRECT DAMAGES AND, IN NO EVENT, SHALL RELEASEES LIABILITY EXCEED $100.00 USD. IN NO EVENT SHALL ANY RELEASEE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, LOST DATA, OR ANY OTHER INDIRECT DAMAGES, EVEN IF A RELEASEE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS MAY NOT ALWAYS ENFORCE CLASS ACTION OR JURY WAIVERS AND MAY LIMIT FORUM SELECTION CLAUSES AND STATUTE OF LIMITATIONS PROVISIONS, AS SUCH, ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY TO YOU, AND THE RELEASEE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity. You agree to indemnify and hold harmless each Releasee from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by such party, and you shall defend each Releasee against any and all claims arising out of (b) your breach of these Terms; (c) your intentional misconduct, fraud, or gross negligence; or (d) your violation of any applicable U.S. of foreign law or the rights of a third party. Releasee will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of MEI.
Disputes. You will attempt to resolve any dispute, claim, or disagreement (the “Dispute”) with MEI through a telephone conference or face-to-face negotiation with persons fully authorized to resolve the Dispute, or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, MEI has the right to obtain from a state or federal court in Fulton County, Georgia, U.S.A. a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve the rights with respect to any third party, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event the parties are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, the parties shall be free to pursue all remedies available at law or in equity.
Choice of Law. These Terms will be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
MEI makes no representation that information, software, and/or documentation on the Site are available for viewing or downloading at locations outside the United States, nor that the Site is compliant with any foreign laws. If you access the Site from outside the United States, you are exclusively responsible for compliance with all applicable local laws.
Modifications to These Terms. You acknowledge and agree that MEI may, in its sole discretion, modify, add or remove any portion of these Terms at any time without notice and in any manner, by posting revised Terms on the Site. To access the most current version of these Terms, you should locate the “Terms of Use” page from the Site homepage. It is your responsibility to check periodically for any changes MEI makes to these Terms. Your continued use of this Site after any changes to the Terms means you accept the modifications.
Entire Agreement. These Terms constitute the entire agreement and understanding between you and MEI with respect to your use and access to the Site and supersede all prior communications between the parties with respect to such subject matter.
Contact. If you have any questions or comments about these Terms or this Site, please contact us by email at info@pharmalife.com.