Version 2.0. Last Revised: 10/20/17
REGISTRATION AND ASSENT
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.
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.
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 firstname.lastname@example.org.
NO PROFESSIONAL ADVICE
Certain uses of products discussed on the Site may not have been approved by the Food and Drug Administration.
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
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
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.
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.
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.
- 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.
- 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
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.
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.
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.
- 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.