We reserve the right at any time to, among other actions:
- Change the terms and conditions of this Agreement;
- Change the Website, including eliminating or discontinuing any content on or feature of the Website; or
- Deny or terminate your use of and/or access to the Website.
Any changes we make will be effective immediately upon our making such changes available on the Website or otherwise providing notice thereof. We may provide notice of any such changes by posting an updated Agreement with the date of the update set forth below. You agree that by entering, re-entering, or continuing to use the Website thereafter, you accept any and all such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. MYGIRAFFE MAKES NO WARRANTY THAT THE CONTENT CONTAINED ON THIS WEBSITE SATISFIES GOVERNMENTAL REGULATIONS ON PRESCRIPTION DRUG PRODUCTS. NEITHER MYGIRAFFE NOR ITS EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE WARRANT THAT THE WEBSITE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE. No agent or representative has the authority to create any warranty regarding the website on behalf of MYGIRAFFE. MYGIRAFFE reserves the right to change or discontinue at any time any aspect or feature of the Website.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MYGIRAFFE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO MYGIRAFFE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
- Use this website for any purpose in violation of local, state, national or international laws;
- Use this site as a means to distribute advertising or other unsolicited material to any third party;
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person or entity;
- Attempt to disable, "hack" or otherwise interfere with the proper functioning of this website.
Any communication or material you transmit to the Website by electronic mail or otherwise that does not contain personal health information, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and nonproprietary. You hereby grant MYGIRAFFE a perpetual, royalty-free, non-exclusive license in any copyrightable material that you transmit or post to our Website. Any such material may be used by MYGIRAFFE for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MYGIRAFFE is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the Website, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You acknowledge that you are responsible for all information you send to the Website. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, infringes the copyright or other intellectual property right of any third party, invades the privacy of another person or any other information or materials that constitute a crime, gives rise to a civil action or otherwise violate any law or confidentiality agreement. MYGIRAFFE reserves the right to refuse to post any such message, and may take appropriate legal action.
Personal and Noncommercial Use
The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to MYGIRAFFE that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.