Terms of Service
By clicking on register on the sign up page for our application, You represent that You have read and agree to the terms and conditions of this Agreement, which also include and incorporate Eligible's Acceptable Use Policy, General Terms and Conditions and Privacy Policy. These terms and conditions will remain in effect throughout Your use of the Services and continue after this Agreement expires, cancels or is terminated. These terms and conditions are legally binding should You choose to register for the Service. You may not use the API or Services and may not accept the terms if (a) You are not of legal age to form a binding contract with us, or (b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services. You agree to incorporate these Eligile policies into Your own products and policies and ensure that Your customers adhere to Eligible’s policies.
If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You don’t have the legal authority to bind Your employer or the applicable entity, please do click register on Eligible's sign up page or use Eligible’s Services.
We reserve the right to change these Terms of Service from time to time without notice by posting them to Eligibles’s website. When we do, we will also revise the "last update" date of these Terms of Service. Your continued use of the Service after such posting will constitute acceptance by You of such amendments.
1. Grant of Rights to Use Services
1.1 Subject to Your acceptance of and compliance with this Agreement and with the payment requirements for the Services, Eligible hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the Term of this Agreement in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by Eligible that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by Eligible.
1.2 Eligible does not provide medical advice. The Contents of the Eligible, such as text, graphics, images, information obtained from Eligible's HIPAA connections, and other material contained on the Eligible Services (“Content”) are for informational purposes only. The Content is not a substitute for professional medical advice, diagnosis, or treatment. Reliance on any information provided through the Eligible Services is solely at your own risk. Always promptly seek the advice of your physician or other qualified health provider regarding a medical condition.
1.3 Eligible is intended to be used by adults. You agree not to use the Eligible Services if you are under 13 years of age.
1.4 The personal information you submit to Eligible is governed by the Eligible Privacy Policy. To the extent there is an inconsistency between these Terms and the Eligible Privacy Policy, these Terms shall govern.
You agree that you will not upload or transmit any communications or Content of any type (“User Submissions”) to the Eligible Services that infringe or violate any rights of any party. By submitting communications or Content to the Eligible Services (including any business information, idea, concept, or invention to that you submit to Eligible), you agree that such submission is non-confidential for all purposes.
1.5 You are solely responsible for ensuring that no unauthorized person gains access to your Eligible passwords or accounts. In particular, it is your sole responsibility to:
1.5.1 control the dissemination and use of activation codes and passwords;
1.5.2 authorize, monitor, and control access to and use of your Eligible account and password; and
1.5.3 promptly inform Eligible of any need to deactivate a password.
You grant Eligible and all other persons or entities involved in the operation of the Eligible Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Eligible Services. Eligible is not liable for any use or misuse of information transmitted or received using the Eligible Services.
1.6 You use the Eligible Services and the Content at your own risk.
Eligible is not liable for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the Eligible Services.
THE ELIGIBLE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. Eligible, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Eligible makes no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, and/or communications provided on or through the Eligible Services.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Eligible Services.
- In no event shall Eligible be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Eligible Services, including without limitation the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Eligible is advised of the possibility of such damages. Any claims arising in connection with your use of the Eligible Services must be brought within one (1) year of the date of the event giving rise to such action occurred. With regard to any such claim, Eligible's liability will at all times be limited to the amount paid, if any, by you to Eligible for the Eligible Services. Some states do not allow the foregoing limitations of liability, so they may not apply to you.