Terms and Conditions of Use

RxRite.com Inc. ("RxRite", or the "Company") provides wireless and Internet-based communications and transactional information services. You must agree to these Terms and Conditions of Use in order to use this RxRite Website ("RxRite Site", "RxRite Wireless Application" or the "Site"), RxRite Services and any RxRite Equipment for which you may subscribe. These Terms and Conditions of Use should be read carefully.

By using RxRite® it is understood that you thereby signify your acceptance of these Terms and Conditions of Use. Should you for any reason not agree to all of these Terms and Conditions of Use, you will cease any further navigation of and interaction with the Site or RxRite Wireless™ environment and exit either immediately.

RxRite reserves the right to modify and update these Terms and Conditions of Use at any time. As these Terms and Conditions of Use in addition to any other agreements which may exist between the parties may govern your usage of certain RxRite Services, all Registered Users will be notified of any changes made to these Terms and Conditions of Use in the manner as outlined in the Change in Services section below. Further, notice that any such change has been made to these Terms and Conditions of Use will be highlighted for a period of 30 days following the date of change in a "What's New" section of the Physician, Pharmacy and Patient Home Pages of the Site respectively.

Registered RxRite Users

It is understood that only Registered RxRite Users that have been authenticated and assigned a unique user ID and password may access certain portions of the Site. When you request registration by submitting a completed paperless online "Registration Form" and or a hardcopy "Services and Equipment Agreement", it is understood and agreed that these Terms and Conditions of Use specifically govern your relationship with RxRite. The Company reserves the right to contact any Registered User at any time regarding registration, any subscription-related matters, changes to the Services and Equipment Agreement or these Terms and Conditions of Use.

It is hereby understood and agreed that the assignment by RxRite of your User Access Codes signifies your status as an RxRite Registered User and further, you as a health professional agree that RxRite in order to maintain a high level of security in relation to the RxRite Site, RxRite Wireless™ Application and related Services, may communicate with any professional licensing authority at any time for the purposes of confirming your professional designation, credentials and license status.

Personally Identifiable Information

Other than the electronic transmittal of the prescription to a registered pharmacy provider, with certain confirming information back to the prescribing physician, no other personally identifiable information about any Registered User or individual RxRite customer and or patient will be disclosed to or shared with, any other third party without the consent of the individual, or such person legally responsible for the personal care and supervision of such individual to whom the personally identifiable information relates, unless as RxRite may otherwise be required by law to disclose or make available.

Personally identifiable Information is defined as information of a person-specific nature including information where the identifiers have been replaced with a code that, when necessary to do so, can be linked to information that would reveal the identity of an individual or where there exists some degree of risk of re-identification of anonymized data through processes such as data matching.

Uses of Information

RxRite specifically may use information entered during the registration process and which has therefore been submitted to RxRite on a voluntary basis in the following ways:

• To facilitate the authentication associated with the processing of user registration and the periodic verification of certain professional credentials of those Registered Users;
• To provide advertisers and sponsors of RxRite with aggregate information about our base of Registered Users including usage patterns so as to facilitate the more accurate placement of advertising and other content in accordance with individual user profiles and preferences of all users.

As RxRite may accept and post advertising and other content from third parties and may allow certain third parties to post subscription offers and or registration services through this Site, please note that in all such circumstances, RxRite is in no way responsible for the actions or individual policies of such third parties and users are hereby informed that they should carefully check the individual privacy and other policies of all such third-parties prior to providing such third parties with any information of a personally-identifiable nature. Further, such third parties will not at any time have access to any personally identifiable information entered and stored on the RxRite Site.

Intellectual Property

The contents of the RxRite Site including but not limited to all text, graphics, images and certain aspects relating to the functionality of the Site deemed by the Company to be of a proprietary nature (the "Intellectual Property") are protected by copyright, trademark and certain other forms of intellectual property protection and all such Intellectual Property is and shall at all times remain the sole and exclusive property of RxRite throughout the world. None of the content or Intellectual Property relating to the RxRite Site or RxRite Wireless™ Application may be reverse-engineered, disassembled, reproduced, transcribed, stored in a retrieval system, translated into any language including computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction or otherwise), resold or redistributed without the prior written consent of RxRite.

The BlackBerry and RIM families of related marks, images and symbols are the exclusive properties and trademarks of Research In Motion Limited and are used by permission.

Protection and Security

As a Registered User of RxRite you hereby agree that you shall take all reasonable steps to ensure that no unauthorized person shall have or gain access to the RxRite Site or RxRite Wireless™ Application. Further, you shall not without the prior written consent of RxRite divulge, sublicense, assign or attempt to transfer in any way to any third parties the User ID, Password or any such other unique User Access Codes as established during or subsequent to the registration process and you will not provide third parties with hyperlink access to the RxRite Site.

Change in Services

RxRite reserves the right to modify and update these Terms and Conditions of Use at any time. Any such change shall be effective immediately upon notice to Registered User. Notice includes, but is not limited to, updates to these Terms and Conditions of Use as posted on the RxRite Site, notification by mail post, fax or other electronic means sent to your last known physical or electronic address. Any use of the RxRite Site or RxRite Wireless™ environment after you receive notice is deemed to constitute acceptance by you of those modifications, updates or other such changes as detailed in such notice.

Links to other Websites

RxRite provides direct links to a number of other websites that we believe can offer you useful information and services. These links are provided solely as a convenience to you as a user of RxRite and such links should not in any way be construed as an endorsement by RxRite of the content contained on such third party websites. Further, RxRite is not responsible for the content of linked third party sites and makes no representations regarding the content or accuracy of information contained on such third party websites. Your access to any such third party websites by way of active links to such sites provided from and within the RxRite Site is done solely at your own risk. Further, your individual usage of any such third-party websites is subject to the individual terms and conditions of use of each site. Under no circumstances is RxRite responsible for the privacy policies of or any actions of third parties who control the activities of such third party websites. We suggest you contact the relevant parties controlling these third party websites or access their online policies to obtain specific information regarding their data collection practices.

Website Advertisements

The RxRite Site does contain advertisements by third parties. Acceptance of any such third party advertisement by RxRite does not, unless otherwise stated, constitute any form of endorsement for any product, service or materials being the subject of the advertisement or make any representation regarding the content or accuracy of such other information or materials contained in, or linked to any such advertisement appearing on the RxRite Site.

Company’s Liability; Disclaimer of Warranties

The RxRite Site includes certain content which is provided from sources believed by RxRite to be accurate, however RxRite makes no representations regarding the content of the Site or the results to be obtained from use of the information from and within the Site in terms of their timeliness, correctness, accuracy, reliability, or otherwise.

THE RXRITE SITE INCLUDING ALL CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. You understand and agree that to the fullest extent permissible pursuant to applicable law, RxRite, its suppliers and licensors disclaim all warranties, express or implied, statutory or otherwise, including but not limited to, implied warranties of non-infringement, merchantability and fitness for a particular purpose. Further, RxRite, its suppliers and licensors do not warrant or make any representations about the timeliness, correctness, accuracy, reliability or otherwise of the textual or graphic content, Services, links to other websites provided on or through use of the RxRite Site or the Company.

In no event whatsoever shall RxRite, its suppliers and licensors or any third parties mentioned on the Site be liable for any damages, including without limitation, incidental or consequential damages, lost profits, or damages resulting from the loss of any data or business interruption, which may result from the use of or inability to use the RxRite Site, any of the content contained on the Site or linked by or to the RxRite Site.

Complete Agreement

These Terms and Conditions of Use constitute the entire agreement between you and the Company with respect to your use of the RxRite Site and any related RxRite Services and any RxRite Equipment for which you may subscribe.

Jurisdiction

You understand and expressly agree that exclusive jurisdiction for any dispute with RxRite, including all matters that are in any way relating to your registration with RxRite or use of the RxRite Site, resides in the courts of the Province of Ontario, Canada and you further understand, agree and consent to the exercise of personal jurisdiction in the courts of the Province of Ontario, Canada in connection with any such dispute and or claim involving RxRite or its affiliates, subsidiaries, employees, contractors, officers, directors, content providers including third-party advertisers and communications providers and other service providers. In the event that any provision contained in these Terms and Conditions of Use is determined to be invalid, then you understand and agree that such provision found to be invalid shall be severed from the other remaining provisions and shall therefore not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect.