Terms of Use

The most recent change to our Terms of Use was on 1/30/2018.
Version 2.0 of our Terms of Use will go into effect on April 1, 2018. You can review Version 2.0 here. You can also compare it to our current Terms of Use (Version 1.0) by scrolling down.

THERAPEASE CUISINE WEBSITE TERMS OF USE
 
Version 2.0. Last Revised: 10/20/17
 
These Terms of Use apply to all visitors of the TherapEase Cuisine site located at https://www.TherapEaseCuisine.com (the “Site”) and Registered Users of the TherapEase Cuisine Website. The Site is provided to you as a service to disseminate information regarding cancer care and includes the TherapEase Cuisine Website. The “TherapEase Cuisine Website” is a Registered Users-only account portal available through the Site which enables Registered Users to plan meals, obtain recommendations on adverse drug-food combinations and nutrition solutions and obtain other cancer care information. “Registered Users” are eligible patients that have completed the registration process for website access. These Terms of Use are between a user of any portion of the Site (“you” or “your”) and TherapEase Cuisine, Inc. (“TherapEase”, “we”, “us” or “our”).  


REGISTRATION AND ASSENT

Access to and use of the Site is conditioned upon your assent to these Terms of Use. You are deemed to have assented to these Terms of Use when you use any available page of the Site. You are deemed to have assented to these Terms of Use as applicable to the TherapEase Cuisine Website, when you complete the online registration processes required for Registered Users and indicate during the registration process that you accept these Terms of Use along with the Privacy Policyincorporated therein. You are deemed to have accepted these Terms of Use each time you access the Site and each time you use your login credentials to access the TherapEase Cuisine Website portion of the Site. By registering for or otherwise accessing or using the Site, you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use.  These Terms of Use and the Privacy Policy are available during registration for the TherapEase Cuisine Website and on various pages of the Site.
 
UPDATES
From time to time, we may, in our sole discretion, modify these Terms of Use, and the Privacy Policy, indicated by a new version number and revision date. The version number includes a major number, a decimal point, and a minor number. A change to the major number reflects a significant change to the policy, while a change to the minor number reflects a less significant change to the policy. Examples of significant changes include additional provisions that reflect new Site functionality, significant modifications to existing provisions, and more significant changes to Site functionality that cause provisions to be modified,  added, or removed. Examples of less significant changes include additional provisions that clarify current Site functionality, minor modifications to existing provisions, and less significant changes to Site functionality that cause provisions to be modified, added, or removed.
 
We will provide an advance notice of a major change prior to your access of any portion of the Site for which registration is required. For example, we may (i) require that you reaccept the updated version of the web policies, (ii) send an electronic notification advising of the update to the web policies, (iii) include a notice on the Site viewable without login advising of the update to the web policies, and/or (iv) advise of the updated web policies during a phone call.  We do not ordinarily provide advance notice of a minor change.
 
It is important that you check these Terms of Use every time you visit the Site. Your use of the Site and/or utilization of any Site benefits after the Terms of Use have been updated (and after advance notice of certain major changes), indicates your agreement and acceptance of the updated version of the Terms of Use and the Privacy Policy, including the modifications made as of the date of your use.
 
USERS OBLIGATIONS
You are required to comply with all applicable laws in connection with your use of the Site and Site Content. You agree that you have appropriate procedures and safeguards with respect to your access and use of the Site and any Site Content obtained through the Site. As a condition of your use of the Site, you agree that you will not use the Site and Site Content for any purpose that is unlawful or prohibited by these Terms of Use. You agree that you will only provide information during registration and in connection with any and all other uses of the Site that is true and accurate and is not false, misleading, or otherwise an impersonation of any person or entity. Certain portions of the Site may have additional terms and conditions. When these portions are used, you agree to be further bound by the associated additional terms and conditions.
 
SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
This Site may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively “Site Content”). Unless otherwise expressly identified, Site Content is owned by us or by our third-party licensors. The Site Content is protected by United States and international copyright, trademark, and other laws. You may browse the Site and download Site Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. Except as expressly permitted, you may not modify, copy, reproduce, republish, upload, post, transmit, hyperlink to or from, or distribute in any way Site Content from this Site, including code and software underlying this Site, nor may you sell, transfer, or otherwise use the Site or the Site Content in commerce or for any public or commercial endeavor without our prior and express written consent. The recipes provided through the Site may be printed and shared with friends and family for the purpose of enabling the Registered User to enjoy food recommended for their needs. The recipes may not be posted to the Internet or otherwise electronically distributed. We may in our sole discretion make changes to the Site Content at any time without notice.

USER EXPERIENCE
We constantly make improvements to our Site by adding and modifying its features and functionality. To enhance your Site experience and improve Site effectiveness, we may monitor your Site usage, selectively provide or disable Site features and functionality, and contact you to solicit information that would assist us in improving the overall user experience through such features, functionality, or otherwise.
 
FEEDBACK AND OTHER SUBMITTED CONTENT
Certain portions of the Site may provide mechanism(s) for you to communicate and share information and/or materials with us. By submitting us your feedback, comments, reviews, ideas, testimonials, opinions, photos, and/or other submitted content (any, a “Submission”) through the Site, electronic communications, or otherwise, you agree as follows:
 
1) Your Submissions must: (i) be original and solely written or created by you, (ii) not feature any intellectual property unless owned by you or us, or anything illegal, obscene, threatening, defamatory or otherwise objectionable, in our sole discretion, (iii) not feature any identifiable person(s), other than you or those on whose behalf you are authorized to feature in your Submission; and (iv) be accurate, truthful, and not misleading.
 
2) By sending us a Submission, to the fullest extent and for the maximum duration permitted by applicable law, you also grant to us a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display your Submission, in whole or in part, including the right to use your name, image, likeness, and biographical information (as provided by you) in conjunction with the Submission, on a worldwide basis, in any form, media or technology now known or later developed, including without limitation for our promotional or marketing purposes, and you waive all moral and similar rights. If requested, you will agree to sign any documents to confirm the above.
 
3) By sending a Submission, you also waive and release, and agree to hold us harmless, and our parents, subsidiaries, affiliates, advertising and promotion agencies, from and against any and all rights claims and causes of action whatsoever, including but not limited to claims relating to rights of privacy, publicity, libel or infringement, or otherwise relating to injury, loss or damage, whether direct, compensatory, incidental or consequential, arising in whole or in part from the Submission or our use of same. You warrant that your Submission is being provided voluntarily, does not incorporate or embody any confidential or proprietary information of third parties, and does not violate any applicable laws or regulations or infringe any third party’s copyrights, patent rights, trademarks, or other intellectual property rights.

With certain submission mechanisms, we may post or otherwise contemporaneously provide you with terms that restrict our use of your Submission received through a particular submission mechanism and/or at a particular time. Some of the submission mechanisms available through the Site may provide you with options to enable or limit how we may use a Submission. When such terms are provided or options are available and specified, our use of such Submissions pursuant to this section is subject to such limitations. 

We may contact you regarding your Submission through any known electronic communication channel.  If you have questions about our usage of a particular Submission, please contact us at uspto@express-scripts.com.


SOCIAL MEDIA
The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, Glassdoor®, and blogging. You should use common sense and good judgment in communicating with us through these services. We are not responsible for the terms of use and privacy policies that govern these third-party sites. 

NO PROFESSIONAL ADVICE
The information provided on the Site is for informational purposes or general guidance only, and does not constitute medical, legal, financial, accounting, tax, or other professional advice. We do not warrant or guarantee the accuracy, completeness, adequacy, or currency of the provided information, nor do we endorse any views or opinions that may be included therein. The provided information does not constitute the rendering by us of any type of opinion, certification, or guarantee. The provided information is not a substitute for medical advice and it is important that no medical decisions should be made without first consulting a personal physician or other healthcare professional. The receipt of any questions or feedback you submit to us does not create a professional relationship and does not create any privacy interests other than those described in our Privacy Policy.
 
LINKING POLICY

Our Site may contain hyperlinks allowing our users to connect to other websites owned by us and our affiliated companies and websites owned by our third-party vendors, distributors, and providers (“Linked Sites”). You may also access our Site through a hyperlink embedded in a Linked Site. We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you. Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and this Terms of Use will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.


USE RESTRICTIONS
You agree that you will not: (a) use this Site and Site Content for any purpose that is unlawful, illegal or a violation of applicable Federal, State, or local law or that is prohibited by these Terms of Use; (b) engage in any activity or use any device, software, or routine, or introduce any virus, bug, or similar mechanism, that interferes with a user’s access to this Site or the proper operation of this Site; (c) delete or revise any Site Content or information of any other user without authorization; (d) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (e) allow any other person or entity to use your login credentials for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; or (f) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

OFF-LABEL USE
Certain uses of products discussed on the Site may not have been approved by the Food and Drug Administration.

PRIVACY POLICY
You agree to the TherapEase Cuisine Website Privacy Policy (“Privacy Policy”), which is incorporated by reference in these Terms of Use.
 
DISCLAIMER OF WARRANTIES

THE SITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS” BASIS, AND ALL USE OF THE SITE AND THE SITE CONTENT IS AT YOUR OWN RISK.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, THE SITE CONTENT, OR YOUR ACCESS TO OR USE THEREOF.  WE HEREBY DISCLAIM ANY AND ALL IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, CUSTOM, AND USAGE OF TRADE.  WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE SITE CONTENT WILL BE ACCURATE, COMPLETE, UP-TO-DATE, OR RELIABLE; THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT THE SITE, THE SITE CONTENT, OR ANY PORTION THEREOF WILL NOT CHANGE OR BE DISCONTINUED; THAT ERRORS OR DEFECTS WILL BE CORRECTED; THAT THE SITE OR THE SITE CONTENT WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ACCESS TO OR USE OF THE SITE OR THE SITE CONTENT IS LAWFUL IN ANY PARTICULAR JURISDICTION.  NO SUPPLIER TO US HAS ANY WARRANTY, SUPPORT, OR OTHER OBLIGATIONS TO YOU IN CONNECTION WITH YOUR USE OF THIS SITE.  YOU ASSUME THE ENTIRE OBLIGATION AND COST OF ANY AND ALL NECESSARY COMPUTER, MOBILE DEVICE, AND NETWORK SERVICING, REPAIR, AND CORRECTION.  IF YOU ARE DISSATISFIED WITH THE SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR CERTAIN OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH DISCLAIMERS.
 
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO THE SITE, THE SITE CONTENT, YOUR ACCESS TO OR USE THEREOF, OUR PERFORMANCE, NON-PERFORMANCE, ACTS, OR OMISSIONS IN CONNECTION THEREWITH, THE PRIVACY POLICY, OR THESE TERMS OF USE, EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION EXCEED FIVE UNITED STATES DOLLARS ($5.00).  IN NO WAY LIMITING THE FOREGOING, WE ASSUME NO OBLIGATION AND SHALL HAVE NO LIABILITY ARISING OUT OF OR DIRECTLY OR INDIRECTLY RELATED TO ANY COMMUNICATION ERRORS, SERVICE INTERRUPTIONS, OR SITE MALFUNCTIONS; THE CONDUCT OR CONTENT OF ANY SITE USER; COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; LOSS OR CORRUPTION OF DATA; DAMAGE TO YOUR COMPUTER, MOBILE DEVICE, OR NETWORK; MALICIOUS ACTS OF THIRD PARTIES; FORCE MAJEURE EVENTS; BUSINESS INTERRUPTION OR DOWNTIME; LOSS OF BUSINESS, PROFITS, OR GOODWILL; OR ACTIONS TAKEN OR NOT TAKEN IN CONNECTION WITH INVESTIGATIONS, DEMANDS, OR CLAIMS BY US, INTELLECTUAL PROPERTY OWNERS, LAW ENFORCEMENT, GOVERNMENTAL AUTHORITIES, OR THIRD PARTIES.  THE LIMITATIONS ON LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, AND REGARDLESS OF THE NATURE OF THE DAMAGE, LOSS, CLAIM, OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, INDEMNITY, OR OTHERWISE).  THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE AN ESSENTIAL PART OF THESE TERMS OF USE, AND SHALL BE VALID AND BINDING EVEN IF ANY REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH A JURISDICTION’S LAW APPLIES AND LIMITS SUCH EXCLUSIONS.
 
INDEMNIFICATION
You agree to indemnify and hold TherapEase, its affiliates, and their respective directors, officers, employees, and agents harmless from and against any and all claims, demands, actions, damages, liabilities, losses, fines, penalties, judgments, awards, settlements, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or resulting in whole or in part from your violation of these Terms of Use, your misuse of the Site, or your violation of the rights of another person or entity.
 
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent identified below with the following information:
a.    identification of the copyrighted work claimed to have been infringed;
b.    identification of the allegedly infringing material on the Site that is requested to be removed;
c.    your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
d.    a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
e.    a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
f.     a physical or electronic signature of the copyright owner or the person authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
 
Contact Information for Our Copyright Agent:
Legal Department, Intellectual Property
Express Scripts Holding Company
One Express Way, Hq1-2e03, St. Louis, MO 63121
e-mail: uspto@express-scripts.com
 
We will remove any content that infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above, and may, in our sole discretion, if we deem it appropriate, terminate access rights of any user who we reasonably believe violates any United States copyright laws.

GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, excluding its conflict of law rules. The Site is intended for use by individuals residing in the United States of America. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us.

JURISDICTION; VENUE
Any dispute, claim, action or proceeding arising out of or related to the Site, the Site Content, the Privacy Policy, or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in St. Louis County, Missouri or, if proper and exclusive federal subject matter jurisdiction exists, the United States District Court for the Eastern District of Missouri. Each party hereby submits to the personal jurisdiction and consents to the exclusive venue of such courts, and waives any objections thereto, including based on forum non conveniens. Notwithstanding the foregoing, in connection with asserting or protecting our intellectual property or other legal rights or business interests, we retain the right to seek temporary or permanent injunctive or other non-monetary equitable relief against you in any court of competent jurisdiction.
 
NO WAIVER
Any waiver by us must be express and in writing, must be directed specifically by us to you, and must be signed by our duly authorized representative.  Our failure to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive our right to do so, including without limitation our right to enforce subsequently any provision of these Terms of Use, or to assert our rights with respect to the same or similar breaches.

ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us, and are hereby objected to and expressly rejected. 

SEVERABILITY
If any portion of these Terms of Use or the Privacy Policy is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use and the Privacy Policyshall remain in full force and effect.




VERSION 1.0

These Terms and Conditions govern your use of the TherapEase Cuisine website (the “Site”). Please carefully read them prior to using the Site or becoming a program participant.

 
Agreement to Terms
 
By using or becoming a program participant of the Site, you agree to all Terms and Conditions listed here. In addition, you reaffirm your acceptance of all former and current Terms and Conditions each time you login or use the Site. If you do not want to be bound by these Terms and Conditions, you must discontinue your program subscription and use of the Site. You must accept these Terms and Conditions prior to subscription to or use the Site, and may not use the Site until that time.

At its sole discretion, TherapEase Cuisine, Inc. (“TherapEase Cuisine”) may change these Terms and Conditions at any time. Modifications to the Terms and Conditions will be effective immediately upon posting; and through the act of your continued use of the Site, you agree to the new posted Terms and Conditions. Remaining informed of any changes to Terms and Conditions is the sole responsibility of you, the user. Discontinued use of the Site is your only remedy if you do not agree with the modified Terms and Conditions.
 
Eligibility
 
Upon Site registration, you represent that you have reached the age of majority where you live and that you are legally able to accept these Terms and Conditions as well as to use the Site in compliance with these Terms and Conditions.
 
IMPORTANT HEALTH INFORMATION
 
The Site is a comprehensive oncology-aware meal planning website designed to educate and make nutritional recommendations for those who have been diagnosed with cancer. Nothing contained on the Site is intended to be instructional for medical diagnosis or treatment. You may not become a TherapEase Cuisine program participant if you (a) are under age 18; (b) have any of the following types of cancer: pancreatic, gastric (stomach), esophageal, head and neck (throat, tonsil, hard palate, soft palate, mouth tongue, larynx, salivary gland), peritoneal, mesothelioma; (c) have been told by a doctor to follow a sodium restricted diet of less than 2500 mg sodium daily; (d) currently have any of the following medical conditions: acute renal failure, bone marrow transplant less than 100 days from today, chronic renal insufficiency, colostomy, end stage kidney disease, end stage liver disease, gastrectomy (stomach removed), gastric bypass surgery less than 365 days from today, HIV+/AIDS, ileostomy.
 
If you qualify as a participant, we urge that you consult your oncologist before electing to become a TherapEase Cuisine program participant. Those discussions should include any dietary restrictions or existing health conditions that you have (including, but not limited to, diabetes; food allergies; gluten free dietary restriction; Kosher dietary restriction; lactose intolerance; pregnancy; vegan or vegetarian dietary restriction). If there is a change in your medical condition during the time you are a participant, you must immediately notify your physician or oncologist so they can advise you whether to continue as a participant. Some changes in medical condition may necessitate discontinuation as a program participant.
 
It is also important to note that all TherapEase Cuisine meal plan recommendations are based on standard oncology dietetic practice and are consistent with Academy of Nutrition and Dietetics guidelines. Recommendations are not prescriptive, nor do they replace professional medical advice from your physician, oncologist or dietitian.
 
Account Protection: Your Responsibilities
 
You will be asked to create a password when you sign up to use the Site and become a program participant. This password will be used each time you login to the Site after becoming a program participant. The confidentiality of your password is your sole responsibility to maintain. In addition, you are solely responsible for all account activity made by you or any other individual who you allow to use your password and account. The safeguarding of your account password from access by others is your duty. Should losses be incurred by TherapEase Cuisine or any other party due to use of your password and account by another party, and because of your failure to safeguard your password and account, you agree to completely indemnify and hold harmless TherapEase Cuisine for those losses.
 
Content Posted by You, the Program Participant
 
The Site includes interactive pages where all program participants and professional care providers are able to post content. Only content created by you may be posted to the Site, or content for which you have been granted permission to post by the owner of the content. Content that is illegal or that violates these Terms and Conditions under no circumstances may be posted or distributed. By the action of posting or distributing content to the Site, you represent and verify that (a) you are the owner of rights to the content or have authorized permission to use and distribute the content to the Site and (b) no copyright or other third-party right is infringed upon nor does the content violate any applicable law or regulation.
 
You grant by the act of content submission or posting to the Site, TherapEase Cuisine, its parent, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this content in any medium. TherapEase Cuisine has no responsibility to give you any right to inspect or approve uses of any posted content nor has a responsibility to compensate you for any such uses of content you have posted to the Site. All right, title, and interest in any compilation, collective work or other derivative work created by TherapEase Cuisine using or incorporating content posted to the Site is owned exclusively by TherapEase Cuisine.
 
Any information you post on the Site must be carefully and deliberately done so by you. The following items are restricted from being posted to the Site: last names, telephone numbers, URLs to external sites, street addresses, any form of THML or programming code, or any photographs containing nudity, or content which is obscene, lewd, violent, sexually explicit, harassing, and any otherwise objectionable subject matter. The consequences of anything you have posted on the Site are your sole responsible.
 
Content Posted by Professional Care Providers or Other Users
 
Content in any posting to the Site made by professional care providers or other users is not endorsed by, or the responsibility of, TherapEase Cuisine. Your reliance on anything posted by another member on the Site is at your sole responsibility and discretion. TherapEase Cuisine will not under any circumstance be held liable, directly or indirectly, for any loss or damage caused or alleged due to the use of or reliance on any third party content posted on the Site. Please immediately contact TherapEase Cuisine at therapeasecuisineinfo@express-scripts.com if you are aware of any misuse or abuse of the Site by any person. You should contact your doctor before following any information or advice posted by any member on the Site.
 
Prohibited Activities on the Site
 
The following list states illegal or prohibited conduct on the Site. TherapEase Cuisine has the right to investigate and take appropriate legal action against anyone who, in TherapEase Cuisine’s sole discretion, engages in any of the prohibited activities. Prohibited activities include-but are not limited to-the following:
  • Using the Site for any purpose which violates local, state, national, or international laws;
  • Posting material that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
  • Posting any material which is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by TherapEase Cuisine in its sole discretion or pursuant to local community standards. TherapEase Cuisine has no responsibility to monitor such content or in evaluating it;
  • Posting advertisements or solicitations of business;
  • Disrupting the normal flow of dialogue, or posting comments un-related to the topic being discussed (unless it is clear the discussion is free-form);
  • Posting any chain letters or pyramid schemes;
  • Impersonating another person or otherwise representing yourself as someone other than yourself;
  • Distributing viruses or other harmful computer code;
  • Harvesting or collecting information about others, such as e-mail addresses or names;
  • Allowing any other person or entity to use your identification/account/password to post or view comments;
  • Posting repeat notes or “spamming”:
  • Harassing, threatening, stalking, or abusing any person; or
  • Engaging in any conduct which restricts and/or inhibits another person from using or enjoying the Site, or which, at the sole discretion of TherapEase Cuisine, exposes TherapEase Cuisine, its customers, or suppliers to any type of liability or detriment.
TherapEase Cuisine maintains the right-but is not obligated–to do any or all of the following:
  • Record dialogue or content posted on any pages of the Site;
  • Investigate an allegation that a posted item on the Site is in violation of these Terms and Conditions and at its sole discretion determine the removal of the posting;
  • Remove any and all postings which are abusive, illegal, or disruptive, and that otherwise violate these Terms and Conditions;
  • Terminate a user’s access to the Site upon any violation of these Terms and Conditions;
  • Monitor, edit, or disclose any posting on the Site; and
  • Edit or delete any other communications posted on the Site, regardless of whether such posted items violate these standards.

TherapEase Cuisine Copyrights
All contents of the Site are copyrighted as a collective work under the laws of United States and other copyright laws. TherapEase Cuisine holds the copyright to the collective work. The collective work includes works which may be property of other members that have been voluntarily posted to the Site. You may not copy, modify, upload, download, post, transmit, republish or distribute any of the content, including without limitation the code, contained in the Site without our prior written permission except for your own personal, non-commercial purposes. Except as provided in the preceding sentence, nothing contained in this web site shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of TherapEase or any third party. You agree not to alter or delete any proprietary notices from materials and content downloaded from the Site. Please be advised that TherapEase actively and aggressively enforces its intellectual property rights to the fullest extent of the law.  
 
Trademarks
TherapEase Cuisine is a service mark of TherapEase Cuisine, Inc. All product names, regardless of whether or not they appear in large print or with the trademark symbol, are trademarks of TherapEase, its affiliates, related companies, or, the manufacturers or its licensors, or joint venture partners unless otherwise noted. All other service marks, trademarks and trade names are property of their respective owners. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statues, and other laws, statues and/or regulations.
 
Third Party Web Sites & Links
This Site may contain links or references to other web sites maintained by third parties (Information Providers) over whom TherapEase has no control. The links to third party web sites are provided solely as a courtesy and convenience for you. By providing these links, we are not endorsing, adopting or agreeing with any of the content of the linked sites. The content of linked web sites is not part of our web Site. We do not review or control the content of third party sites. TherapEase makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites. We expressly disclaim any responsibility for the content of any third party sites linked to our web site. We urge you to use discretion when you access any third party sites linked to our site.

You may be provided a hyperlink to a third-party SEC Filings site to review our parent company’s filings with the U.S. Securities and Exchange Commission. This link is for informational purposes only and not for trading or investment purposes. TherapEase does not maintain or provide information directly to this site. We do not guarantee the sequence, accuracy or completeness of any information or data displayed through the filings site. We will not be liable in any way for:

• any inaccuracies or errors in, or omission of any such information or data or any delays in the transmission of any such information or data,

• any actions taken in reliance on any information or data displayed or

• any damages resulting from any nonperformance, interruption or termination of the information or data, no matter what the cause is of such nonperformance, interruption or termination.

We do not assume any duty of disclosure beyond that required by law, and expressly disclaim any duty to update any information set forth in our filings with the SEC. The reader should note that our periodic reports filed with the SEC include disclosure of certain factors that may affect our future performance. Individual statements appearing in our SEC filings should be read with and in the context of the complete documents in which they appear and any materials incorporated into those documents by reference rather than as stand-alone statements.

Cautionary Statement
In addition to historical facts, certain matters discussed at this website may constitute forward-looking statements as defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements are not guarantees of future performance and are inherently subject to risks and uncertainties, many of which cannot be predicted with accuracy and some of which might not even be anticipated. Such statements may be identified by words such as anticipate, believe, estimate, expect, intend, predict, hope, may, should, will, could, plan, or similar expressions. Future events and actual results could differ materially from those identified or contemplated by such forward-looking statements. Important factors that could contribute to such differences are set forth in the Company's periodic and other filings with (and publicly available through) the SEC or by calling our affiliate company at 877-222-7663. Such factors would include, without limitation, the loss of a biopharmaceutical relationship, our inability to sell existing products, difficulties integrating acquisitions, the impact of pharmaceutical industry regulation, the difficulty of predicting FDA and other regulatory authority approvals, the regulatory environment and changes in healthcare policies and structure, acceptance and demand for new pharmaceutical products and new therapies, the impact of competitive products and pricing, the ability to obtain products from suppliers, reliance on strategic alliances, the ability to expand through joint ventures and acquisitions, the ability to maintain pricing arrangements with suppliers that preserve margins, the need for and ability to obtain additional capital, the seasonality and variability of operating results, our and our affiliate companies’ ability to implement strategies and achieve objectives and the risks and uncertainties described in reports filed with the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended, including without limitation, cautionary statements under the heading “Risk Factors” made in our parent company,  Medco’s Annual Report on Form 10-K.
 
Copyright Protection
If you believe your copyright has been infringed upon by any materials accessible on or from the Site, you can request removal of those materials (or access thereto) from this Site by contacting TherapEase Cuisine (as set forth below) and providing the information which follows:
  • Identification of the copyrighted work you believe to have been infringed. Include the description of the work, and where possible, include a copy or the location (e.g.,URL) of an authorized version of the work.
  • Identification of the material on the Site that you believe to be infringing and its location. Please describe the material, and provide us with its URL and other pertinent information that helps to locate the material.
  • Your name, street address, telephone number(s), and e-mail address.
  • Your written statement of a good faith belief that the complained of use of the materials was not authorized by the copyright owner, its agent, or the law.
  • A written statement that all information supplied by you is accurate, and specifying that “under penalty of perjury,” you are the copyright owner or are authorized to act on behalf of the copyright owner.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to TherapEase Cuisine, Inc., Attention Copyright Matters, 5005 W. Loomis Road, Suite 200, Greenfield, WI 53220, or by e-mail to therapeasecuisineinfo@express-scripts.com.
In effort to protect copyright owners’ rights, TherapEase Cuisine has and enforces a policy for the terminations, in appropriate circumstances, of program participants and licensed care providers of the Site who are repeat infringers.
 
Governing Law
These Terms and Conditions shall be governed by in accordance with the laws of the State of Wisconsin. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms and Conditions and/or your use of the Site resides in the courts located in the State of Wisconsin. You further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.
In the event that any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the remaining provisions of these Terms and Conditions, which will remain in effect and fully valid.
 
Warranties
The Site and all content on the Site are on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, THERAPEASE CUISINE, ITS LICENSORS, AND ITS SUPPLIERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TherapEase Cuisine makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site. TherapEase Cuisine cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. TherapEase Cuisine cannot and does not guarantee or warrant that files available for downloading from this Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. TherapEase Cuisine cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site. TherapEase Cuisine does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
 
Limitation of Liability
THERAPEASE CUISINE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE SITE. THERAPEASE CUISINE AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THERAPEASE CUISINE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THERAPEASE CUISINE AND ITS VENDORS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
 
Indemnification
You agree to release, defend, and hold TherapEase Cuisine, its officers, directors, employees, agents, licensors, partners, customers, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
 
Termination
TherapEase Cuisine has the right to terminate your account and access to the Site for any reason and without limitation, including if in its sole discretion TherapEase Cuisine deems your use of the Site to be unacceptable, or in the event of your violation of the Terms and Conditions (directly or through violation of other terms and conditions or operating rules which apply to you). TherapEase Cuisine may, but is not obligated to, provide you with warning prior to termination of your use of the Site.
In the event of termination, refund of paid program participant fees still unused would be subject to the TherapEase Cuisine “Refund/Return Policy.”
 
Notice
TherapEase Cuisine may give notice to you pertaining to these Terms and Conditions via general user notice posted on the Site, or electronic mail to the e-mail address provided by you. At any time, you may give notice to TherapEase Cuisine via electronic mail to therapeasecuisineinfo@express-scripts.com.