Terms of Use

Last updated: January 17, 2022

These Terms of Use govern your use of www.REMSconsortium.org (the “Site”), the website for the REMS Industry Consortium (“RIC” or “we,” “our,” or “us”).  

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YOUR ACKNOWLEDGMENT

By using the Site, you acknowledge that you consent to these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions that are referenced in these Terms of Use or that may otherwise apply to specific sections of the Site.  Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes the rights of others.
If you do not agree to abide by these or any future Terms of Use, please do not access or use (or continue to access or use) the Site.

PRIVACY POLICY

These Terms of Use expressly incorporate by reference the RIC Privacy Policy, which can be found here.  By using the Site, you acknowledge that you consent to the collection, use, and disclosure of your personal Information as described in our Privacy Policy.

SITE CONTENT

Information on this Site was current as of the date of publication, and is subject to change since that time.  

SITE CONTENT OWNERSHIP

This Site and all of its content, and all intellectual property rights included in or associated with Site, including but not limited to, patents, copyrights, trademarks, service marks, logos and trade secrets (collectively “Content”) are either owned by RIC or owned by others and licensed to us.  All right, title and interest in and to the Site and such Content remains with RIC or our licensors, as applicable.  Except as ordinarily occurs when a website is downloaded to your computer in the normal course of viewing such website, you may not make use of any such Content on or outside of the Site that you do not have a legal right, title, or interest in, including, without limitation, utilizing, copying, distributing, re-publishing, uploading, removing, posting, creating or attempting to create any derivative works, modifying, reverse-engineering, or transmitting any such Content, unless expressly authorized in these Terms of Use.  Additionally, you may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Site or in the Content.  Your use of the Site does not grant you any right, license or permission of any kind to reproduce or use RIC’s intellectual property.

LINKS AND THIRD PARTY CONTENT

This Site may contain links to third-party websites not under our control or operation.  RIC or users may provide any such links only as a convenience; RIC does not endorse and is not responsible for or have control over the contents of any linked site or any link contained within a linked site.  Use of any such third party content may be conditioned upon such third party’s terms and conditions.  You are solely responsible for protecting yourself, your device, and your systems from worms, viruses, Trojan horses and any other harmful content.

COMPLIANCE WITH LAWS AND REGULATIONS

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site and its content as well as the release of information to and the retrieval of information from the Site.  We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information related to your use of the Site, as applicable, to any applicable governmental agencies, all without liability to us.  Without limiting the foregoing rights, you consent and agree that RIC may access, preserve and disclose your information and any submission if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary for legitimate business purposes, including, without limitation, to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any submission violates the rights of third parties; or (d) to protect the rights, property or personal safety of RIC, its users and members, and/or the public.

INDEMNIFICATION

You agree to indemnify, save, defend, reimburse and hold RIC, its officers, directors, members, partners, employees, and representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees), etc. resulting from: (a) your use of the Site; (b) your breach of any provision of these Terms of Use; and/or (c) your violation of any rights of another, whether by action or omission.

COMPATIBILITY

You acknowledge and agree that RIC, regardless of the device or format chosen, is not responsible for your software or browser compatibility and functionality, hardware, and/or network connections with the Site, or for your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Site and/or its features.

DISCLAIMER OF WARRANTIES

RIC PROVIDES THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. RIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, AND/OR SERVICES PROVIDED OR MADE AVAILABLE ON OR BY MEANS OF THE SITE OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, RIC DOES NOT WARRANT THAT THE SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.

LIMITATION OF LIABILITY

RIC SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, AND EXPERIENCES PROVIDED THROUGH THE SITE.  RIC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF RIC HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY RIC.  REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, RIC’s TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS IN THE SECTION ABOVE MAY NOT APPLY TO YOU.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. All disputes arising out of or with respect to these Terms of Use or the Site shall be heard exclusively in the courts, state and Federal, located in Philadelphia, Pennsylvania and you hereby consent to the jurisdiction and venue of such courts. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, our Privacy Policy, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. 

AGE REQUIREMENT

By using this Site, you certify that you are 18 years of age or older.  If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of certain types of personal information, you hereby represent that your use of the Site, the provision of such personal information to us, and our use of such personal information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

CHANGES TO THESE TERMS OF USE

We reserve the right to change or modify these Terms of Use in our discretion at any time and we will notify you of material changes by posting the changed or modified Terms of Use on the Site.  We may also provide notice to you in other ways in our discretion, such as through contact information you have provided.  You should check the Site regularly for any new notices of changes.  Continued use of the Site following any changes to these Terms of Use, regardless of whether a notification of such change was sent to you directly, will indicate your acknowledgement of such changes. 

In addition, RIC may post additional terms, conditions, rules or requirements related to the Site and/or its services and features.  All such terms, conditions, rules or requirements are or will be incorporated by reference into these Terms of Use and you agree to be bound by and subject to them.  At its sole discretion, RIC also may offer other services or features governed by different Terms of Use.

CONTACTING US

If you have any questions or suggestions about these Terms, please contact us at.

REMS Industry Consortium (RIC)
1120 Route 73, Suite 200
Mt. Laurel, NJ 08054
Phone: 856.380.6894
Email: info@remsconsortium.org
www.REMSconsortium.org