Terms and Conditions

Last updated: December 20, 2021

Please read these terms and conditions carefully before using Our Service.

Introduction

provided by RMC Holdings, Inc. dba RMC Pharmaceutical Solutions. (“RMC Pharma” and “we”, “us”, or “our”) that are not subject to a separate agreement with RMC Pharma governing your use of the Website. These Terms of Use form a binding agreement between you and RMC Pharma.

Modifications

RMC Pharma may revise and update these Terms of Use at any time. Your continued usage of the Website after any changes to these Terms of Use will mean you accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of RMC Pharma.

User Eligibility

The Website is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Website.

Information, News, and Press Releases

The Website may contain information, news, and/or press releases about RMC Pharma and its services and applications. While this information was believed to be accurate as of the date it was prepared, RMC Pharma disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases.

Communications with RMC Pharma

We may contact you by email, telephone, text message or otherwise, in order to send you RMC Pharma related, and other communications or notices. If you do not want to receive these communications from us, you may opt-out by following the opt-out and/or unsubscribe instructions in the message (if included), or by requesting to be opted-out of further communication by emailing: info@rmcpharma.com. Please note that opting out may prevent you from receiving communications regarding opportunities, updates, or other offers provided by RMC Pharma.

Accounts

If you are provided with an account on the Website, you agree that you are responsible for the activity that occurs on your account. You agree that as the account holder you are the only person authorized to access and use the account, and that you will implement and maintain reasonable practices and procedures necessary to restrict unauthorized access and use of the account, including viewing of account information and placing orders. You agree that you will implement reasonable security procedures including maintaining strong passwords, exercising caution in public places, and not providing access to the account to any unauthorized persons. You agree that RMC Pharma has no liability for, and that the indemnification listed below applies to, any unauthorized access that results from your violation of these terms or your failure to implement and maintain reasonable practices and procedures to prevent such unauthorized access.

No Warranties

THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RMC PHARMA MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENTNESS, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE, AND ANY CONTENT AVAILABLE THEREIN IS AT YOUR SOLE RISK. RMC PHARMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

Limitation of Liability

RMC PHARMA SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF RMC PHARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE, OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.

Indemnification

You agree to indemnify, defend, and hold RMC Pharma, our directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with use of the Website.

Trademarks

The RMC Pharma name and logo, and all other trademarks, service marks, and trade names appearing on this Website (collectively, “Marks”) are owned by RMC Pharma or its licensors. Unauthorized use of any of the Marks may be a violation of federal and state trademark laws.

License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) including, without limitation, text, video, graphics, logos, button icons, images, digital downloads, data compilations, and software, the compilation of all Content on this Website, and all software used on this Website are the property of RMC Pharma or its Content suppliers and protected by United States and international copyright laws. Nothing in these Terms of Use or on the Website grants you any right or license to make any use of any materials or Marks on this Website, and RMC Pharma reserves all such rights other than as specifically described herein.

Security

You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any information you submit to us will be free from unauthorized third party access or use. You understand and agree that all information you submit to RMC Pharma is done so at your own risk.

Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, you agree that:

You shall not disguise the origin of information transmitted through the Website.
You will not place false, defamatory, libelous or misleading information on the Website.
You will not use or access any service, information, video, submission form or software available via the Website in a manner not expressly permitted by RMC Pharma.
You will not submit, input or upload to the Website any information which contains malicious software or code that is intended to damage, interfere with, comprise the security of, or exploit any system, the Website or Content, or that infringes the Intellectual Property rights of another.
You may not use or access the Website in any way that, in RMC Pharma judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website.
You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Website without the express written consent of RMC Pharma.

Links

The Website may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by RMC Pharma of the content on such Linked Sites. RMC Pharma makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. RMC Pharma is not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to the Linked Site’s privacy policy.

Termination

You agree that RMC Pharma, in its sole discretion, may terminate or suspend your use of the Website, at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content.

Compliance with Law

You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of RMC Pharma, negatively affect the performance of the Website or reflect on the goodwill or reputation of RMC Pharma and you shall take no actions which would cause RMC Pharma to be in violation of any laws, rulings or regulations applicable to RMC Pharma.

Arbitration

Any dispute between you and RMC Pharma, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“) will be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with said rules. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. RMC Pharma will provide such notice by e-mail to your e-mail address on file with RMC Pharma and you must provide such notice by e-mail to [info@rmcpharma.com].

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. RMC Pharma and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither RMC Pharma nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

This mandatory arbitration provision shall not apply to RMC Pharma’s action against you for injunctive relief in connection with misappropriation or infringement of any of RMC Pharma’s intellectual property or proprietary rights.

Governing Law

You hereby agree that these Terms of Use are governed by the internal substantive laws of the State of Colorado, excluding any conflicts of laws principles.

Assignment; Severability

You may not assign any of your interests, rights or obligations under these Terms of Use. RMC Pharma may freely assign these Terms of Use in its sole discretion. If any provision of these Terms of Use is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

Except as expressly provided in a separate license, service or other written agreement between you and RMC Pharma, these Terms of Use constitute the entire agreement between you and RMC Pharma with respect to the use of the Website, and any information and Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Copyright Policy

If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify RMC Pharma by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit RMC Pharma, or its third party service providers, to locate the material;
Information reasonably sufficient to permit RMC Pharma, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.