Terms of Service

Terms of Service

  1. Description of Sites. Rx Books, LLC ("Rx Books") sells publications and provides free advice and information on its websites, www.rxbooks.com and www.askjunebug.com (the "Sites"). You understand and agree that the Sites may include content-targeted ads or other related information, as further described below. In addition, you understand and agree that the Sites are provided on an AS IS and AS AVAILABLE basis. Rx Books disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Sites. Rx Books also reserves the right to modify, suspend or discontinue the Sites with or without notice at any time and without any liability to you. The content of the Sites is for informational purposes only. The Sites are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Sites. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by the Sites, or other visitors to the Sites is solely at your own risk.
  2. Personal Use. The Sites are made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use the Sites. Rx Books reserves the right to refuse service to anyone at any time without notice for any reason.
  3. Proper Use. You agree that you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Sites. Your use of the Sites is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Sites in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Sites to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Rx Books; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Sites; or (iv) use the Sites for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Rx Books reserves the right, but shall have no obligation, to investigate your use of the Sites in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
  4. Content of the Sites. Rx Books takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Rx Books have any obligation to monitor such third party content. Rx Books reserves the right at all times to remove or refuse to distribute any content on the Sites, such as content which violates the terms of this Agreement. Rx Books also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Rx Books, its users and the public. Rx Books will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.
  5. Intellectual Property Rights. You acknowledge that Rx Books owns all right, title and interest in and to the Sites, including without limitation all intellectual property rights (the "Rx Books Rights"), and such Rx Books Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Sites. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Sites. The Rx Books Rights include rights to (i) the Sites developed and provided by Rx Books; and (ii) all software associated with the Sites.
  6. Representations and Warranties. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
  7. Privacy. Rx Books understands that privacy is important to you. You do, however, agree that Rx Books may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use. Personal information collected by Rx Books may be stored and processed in the United States or any other country in which Rx Books or its agents maintain facilities. By using the Sites, you consent to any such transfer of information outside of your country.
  8. Advertisements. As consideration for using the Sites, you agree and understand that Rx Books may display ads and other information adjacent to and related to the content of your data.
  9. Termination. Rx Books may at any time and for any reason terminate your access to the Sites or terminate this Agreement.
  10. Indemnification. You agree to hold harmless and indemnify Rx Books, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Sites, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Rx Books will provide you with written notice of such claim, suit or action.
  11. Choice of Law; Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Davidson County, Tennessee, and you consent to the jurisdiction of such courts.
  12. Disclaimer of Warranties. Rx Books disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Sites. Rx Books disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Sites.

THE SITES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SITES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. RX BOOKS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. RX BOOKS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES. RX BOOKS DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITES. RX BOOKS DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL RX BOOKS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SITES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF RX BOOKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITES, FROM INABILITY TO USE THE SITES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall Rx Books be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

  1. Linking and Framing. Except where expressly prohibited herein, you may provide a link from a web site operated by you directly to the home page of a Site. Without Rx Books's express written permission, you may not (i) link to any page other than the home page (i.e. a "deep link"), (ii) link to any part of a Site through the use of frames, inline links or any similar technology whereby the Site will be displayed without leaving the linking web site, (iii) use any intellectual property of Rx Books as part of a link, and/or (iv) intentionally or unintentionally create any link implying that an endorsement or affiliation with Rx Books exists when that is not the case.
  2. Miscellaneous Provisions. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Rx Books.

To the maximum extent possible, each provision of this Agreement shall be interpreted in such a manner as to be valid and enforceable under applicable law. If any provision hereunder is held to be invalid or unenforceable under applicable law, such provision shall be deemed modified so as to be rendered valid and enforceable while implementing, to the greatest extent possible, the original intent of such provision. If such reformation is not possible or permitted, the invalidity or unenforceability of such a provision shall not otherwise impact the validity or enforceability of the remaining provisions hereunder. No waiver of any term or condition herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Rx Books reserves the right to modify these terms and conditions without notice to you, and your continued use of the Sites after such modifications will make such modifications binding on you.