Terms and conditions

These Terms of Use (the "Terms") apply to the use of Market4Health (the "Product"), including the use of the information offered on this Product. In using the Product, you agree to be bound by these Terms of Use.

If you do not accept these Terms, you must refrain from using the Product. If you continue to use the Product, you will be deemed to have accepted these Terms. These Terms must be read in conjunction with any other applicable terms and warnings governing the use of this Product.

We may modify this agreement at any time, and such modifications will become effective immediately upon posting the modified Terms on the website: market4health.io. Any use of the Product by you after any such modified Terms have been posted will be deemed acceptance by you of those modified Terms.

THIS IS A LEGALLY BINDING AGREEMENT between TRIARC Systems Inc., a Delaware Corporation ("We" or "Us") and You, as a User of our Services (as described below). BY CLICKING "SIGN UP" OR THROUGH THE CONTINUED USE OF THE PRODUCT YOU ARE UNDERTAKING LEGAL OBLIGATIONS AND CONFERRING LEGAL RIGHTS.

1. Accessing and using information.

In order to be able to access the information offered here, you may need to use login information, such as a password. You must not disclose your login information to any person or otherwise allow any person to access the Product using your login information.

You must not access or use this Product for any purpose that is unlawful or prohibited by these Terms.

You must take your own precautions to ensure that the process which you employ for accessing this Product does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Product.

We reserve the right to terminate your ability to use the Services if you breach these Terms.

2. Description of Product. Scope of the Services.

We may provide you with access to certain information and materials (in the future – the "Materials"), data, links, and downloads, including medical policy-related information (collectively, and together with Materials, the "Service"). The scope of the Service specific to you is outlined in the "Order Form" you completed.

3. Warnings regarding information.

The information, Materials contained here is provided by us in good faith on an "as is" basis and all users must verify the information before using the Materials. We do not make any representation or warranty that the information contained here is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information.

You should make your own enquiries and seek advice before acting or relying on any information or Materials.

You acknowledge that we may be only a distributor, not a publisher, of content and that our editorial control may be limited to the selection of Materials to make available. Where the information made available contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice.

4. Disclaimer.

This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Neither we nor any of our affiliates accept responsibility for any loss or damage, however caused (including through negligence), which any person may directly or indirectly suffer in connection with or arising from your use of this Product or Service or your use of or reliance on information contained on or accessed through the Product. To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.

5. Restricted Use. Confidentiality.

Unless we agree otherwise in writing, you are provided access to the Product and Service only for your own internal purposes, subject to these Terms. Without limiting the foregoing, you may not sell information obtained from Product and/or Service to any third party. These confidentiality obligations do not apply to any information already in the public domain, other than through a breach by you of this obligation, or which is required to be disclosed by law or a regulatory body. All rights not expressly granted to you are reserved by us.

You may not access the Product if you are a competitor of ours, except with our prior written consent. In addition, you may not access the Service to monitor their availability, performance or functionality, or for any other competitive purposes. Access to the Service may be terminated at any time by us without notice. These Terms will nevertheless survive any such termination.

You may not (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Product or the Materials in any way; (b) modify or create derivative works based on the Service or the Product; (c) "frame", "link" or "mirror" the Service or the Product on any other server or wireless or Internet-based device; (d) use any data mining, robots or similar extraction methods with respect to the Service or the Product; or (e) use any data mining, robots, or similar data gathering and extraction methods on the Service or Product; or (f) reverse engineer or access the Service or Product for any purpose, including, without limitation, to (g) create a competitive product or service, (h) create a product that uses similar ideas, features, functions or graphics of the Service or Product, or (i) copy any ideas, features, functions or graphics of the Service or Product.

6. Privacy Policy.

We undertake to comply with the terms of our privacy policy which is accessible at Privacy Policy page.

7. Linked Sites.

The Product may contain links to other websites (Linked Sites). We are not responsible for the content, accuracy or opinions expressed in such Linked Sites.

Our links with Linked Sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Sites, unless and to the extent stipulated to the contrary.

Inclusion of any Linked Sites does not imply approval or endorsement of the Linked Sites by us. If you decide to leave our Site and access the Linked Sites, you do so at your own risk.

8. Copyright.

Copyright the Product or Service (including text, graphics, logos, icons, sound recordings and software) may be owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes except as expressly authorized by these Terms, you may not in any form or by any means:

• adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Product or from any information obtained from the Product; or
• commercialize any information, products or services obtained from the Product, without our written permission or, in the case of third party material, from the owner of the copyright in that material.

Unless authorized in writing by us or elsewhere in these Terms, you shall not reproduce or distribute in any form, whether or not for commercial purposes, any part of the Product or Service. Unless indicated otherwise, you may view, download, copy, and print Materials, as long as such documents are for your use only and are not posted, distributed, modified, including being defaced or remove copyright, trademark or other intellectual property ownership notices.

9. Trademarks.

The Product includes trademarks, logos, and service marks (collectively, "Marks") owned by us or third parties.

You are not permitted to use the Marks without our prior written consent or such third party that may own the Marks. All other trademarks and registered trademarks are the property of their respective owners.

10. Limitation of Liability.

WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICE OR PRODUCT. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES THAT MAY RESULT FROM USE OR INABILITY OF USE OF OUR SERVICE OR PRODUCT. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE PRODUCT AND SERVICE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICE OR PRODUCT SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE SERVICES.

11. Governing Law. Miscellaneous.

These Terms are governed by the laws in force in Delaware, USA. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Service is in conflict or inconsistent with the Terms, these Terms shall take precedence.