Effective as of: 3/1/2015
Ownership of Site and Reservation of Rights
This Site is owned and operated by PersonifilRx and KMTSJ, Inc. PersonifilRx reserves all rights to the Site except those that we specifically give to you in these Terms.
We have the right to change these Terms at any time. Any change is effective as soon as we post it to the Site. We will post the date of the latest change at the top of this Terms page. If you use the Site after a change is posted, you are considered to have accepted the changes. You should visit and reread these Terms often so you are up-to-date in what they say.
No Medical Advice
You understand and agree that the information contained in the Site is not intended nor implied to be, and you will not use it as, a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care plan prior to starting any new treatment or with any question you may have regarding a medical condition. Nothing contained in the Site is intended to be used by you for medical diagnosis and/or treatment, and you agree that you will not use information received from or contained on the Site for medical diagnosis and/or treatment. You understand that you should never disregard professional medical advice or delay in seeking treatment based on the information contained in the Site.
Copyright and Intellectual Property
PersonifilRx owns the copyright and other intellectual property for the Content of the Site. ("Content" includes text, graphics, images, and other material, and includes any software that permits you to visit or use the Site that we have developed or have a legal license to use). Neither you nor anyone else has or gets any right, title or interest in and to the Content by simply visiting or using the site. Use of Content is prohibited without our prior written consent and may violate federal and/or state law.
Digital Millennium Copyright Act
PersonifilRx respects the intellectual property of others and expects users of our Site to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, you must provide the following information when providing notice of the claimed infringement to PersonifilRx:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner and identification of the copyrighted work that is infringed;
- Information reasonably sufficient to permit PersonifilRx to contact you, such as an address, telephone number and/or electronic mail address;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
- 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.
The above information must be submitted as a written notification to PersonifilRx by writing us at:
- Attn: Compliance Manager
- PO Box 3217
- Eau Claire, WI 54701-3217
This information should not be construed as legal advice. For further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
Links to Other Sites
The Site and Content may have links to web sites operated by third parties. We provide the links solely for convenience and reference and not because we endorse the content of anyone else’s web site. We cannot guarantee the accuracy of any information or materials on the other web sites.
Limitation of Liability
You understand and agree that use of this Site is entirely at your own risk, and that in no event shall the plan be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other monetary or other damages, fees, fines, penalties, or liabilities arising out of or relating in any way to this Site, or site accessed through this Site, and/or content or information provided herein. A user’s sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site.
You agree to defend, indemnify and hold PersonifilRx and their officers, directors, employees and agents harmless from and against any claims, actions, demands, liabilities, judgments and settlements, including, without limitation, reasonable legal fees resulting from, or alleged to result from, your use of the Site, unauthorized use of your Password, and/or your use of any content or information contained on the Site.
We are not liable for any delay, inaccuracy, error and/or omission with respect to the Site or the transmission or delivery of all or any part of it, or for any damage or results that arise from your use of the Site.
The failure of PersonifilRx to exercise or enforce any right or provision of these Terms will not constitute waiver of such right or provision.
This Site and the information, software and other material available on or accessible from this Site is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. PersonifilRx does not warrant that the website service will be uninterrupted or error free.
Under no circumstances shall PersonifilRx be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the Site or your reliance on or use of information, services or merchandise provided on or accessible through the Site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
Governing Law and Statute of Limitations
The laws of the State of Wisconsin govern these Terms and any cause of action arising under or relating to your use of the Site, without reference to its choice-of-law principles. You agree that the only proper jurisdiction and venue for any dispute with the Company, or in any way relating to your use of the Site, is in the state and federal courts in the State of Wisconsin, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers. If any provisions of these Terms are determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable.
Before seeking legal recourse for any harm you believe you have suffered arising from and/or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. This provision does not supersede any legal rights you may have under federal or state law regarding your policy and/or coverage that is unrelated to use of the Site.
If you have questions and comments, or if you believe that your confidentiality has been breached or that any of your communications have been intercepted, or you wish to notify us regarding a suspected violation of these terms, please call our Compliance department at 1-844-780-2909.