Terms Of Use

1. Important Notices

A. By using or visiting the Website, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our privacy policy (“Privacy Policy”) as set forth below. This Agreement and the Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR”) and other applicable privacy laws. We agree that under the GDPR, we are a data “Controller”, and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data,” and we will take commercially reasonable steps to maintain compliance with GDPR requirements.

B. We reserve the right to change, modify, supplement, or otherwise alter this Agreement at any time or to change or discontinue any aspect or feature of the Website or Materials without notice to you. Such changes, modifications, supplementations, or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website or Materials after we post such changes, modifications, supplementations, or deletions constitutes your acceptance of such changes, modifications, supplementations, or deletions. Notwithstanding the foregoing, we will notify you via email regarding any changes in the Privacy Policy if you have provided your email address to us.

2. License

A. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferable, non-sublicensable, non-exclusive license to use the Website and to access and receive the Materials thereon intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.

B. You agree that (i) except in your normal use of the Website, you will not copy or distribute any part of the Website or Materials in any medium without our prior written authorization; (ii) you will not alter or modify any part of the Website or Materials other than as necessary to use the Website or Materials for their intended purposes; and (iii) you will otherwise comply with this Agreement.

3. Restrictions

A. You agree that you will not do any of the following:

• Violate any applicable law or regulation in connection with your use of the Website or Materials
•  Modify, adapt, translate, copy, reverse engineer, decompile, or disassemble any portion of the Website or Materials
• Interfere with or disrupt the operation of the Website or Materials, including facilitating the use of the Website or Materials by any other person through hacking or defacing.
• Transmit to or make available in connection with the Website or Materials any denial-of-service attack, virus, worm, Trojan horse, or other harmful code or activity.
• Attempt to probe, scan, or test the vulnerability of the Website or Materials, or to breach our security or authentication measures.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined at our sole discretion.
• Harvest or collect email addresses or other contact information of other users of the Website or Materials
• Scrape or collect any content from the Website or Materials via automated means.
• Submit false, incomplete, or misleading information to the Website or Materials, or otherwise provide incomplete or misleading information to us.
• Impersonate any other person or business.

B. You agree that we have not granted you any license to access any portion of the Website or Materials that we have not made public or accessible to registered users, and you may not attempt to override any security measures in place on the Website or Materials.

C. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Materials shall not be limited to violations of this Restrictions section.

4. Eligibility

A. Some parts or all of the Website or Materials may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Materials if doing so would violate any applicable law or regulation.

B. The Website and the Materials are not intended for use by children under thirteen. If you are under thirteen years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available to assist you in limiting access to material harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.

5. Information Shared Through the Website

You understand that by sharing information on the Website or Materials and requesting information to be sent through the Materials, you may reveal information about yourself or your business that may be generated by the Materials. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such information, and you agree that we are not responsible or liable in any way in connection with such sharing.

6. Links to Third-Party Websites

For your convenience, the Website contains links to third-party websites on which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Twitter). Except as otherwise noted, such third-party websites and information and services are provided by organizations independent of us. We do not make any representations or warranties concerning such websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources, or servers. Any linking to or from any such off-site pages or other websites by you is at your own risk. By using the Website, you expressly relieve us of any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware of when you leave the Website and to read the agreements and privacy policies of all other websites you visit.

7. Our Intellectual Property

A. Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names, or trade dress. The “look and feel” of the Website and Materials (including color combinations, button shapes, layout, design, and all other graphical elements) are protected by U.S. copyright and trademark laws. All product names, service names, trademarks, and service marks (“Marks”) are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.
B. You acknowledge that (i) the software used to provide the Materials and all enhancements, updates, upgrades, corrections, and modifications to such software (the “Software”); (ii) all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections, or modifications); and (iii) all documentation thereof are the sole and exclusive property of us and/or our licensors. This Agreement does not convey title or ownership to you but instead gives you only the limited use rights set forth herein.
C. To the extent that you gain access to or receive any copies of the Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Materials, or at our request.

8. Terms and Conditions

A. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement or deny all or some portion of the Website or Materials to any user, in our sole discretion, at any time.
B. You may terminate this Agreement at any time by ceasing use of the Website or Materials.

9. Disclaimers and Limitation on Liability

A. The materials appearing on the Website or Materials, including but not limited to summaries, descriptions, publications, and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business, or professional advice of any kind. Those accessing the Materials should not act upon them without first seeking relevant professional guidance and advice. The Materials should not be used as a substitute for consultation with a professional adviser. You agree that we are not responsible for any financial, business, or legal decisions you may make based on the content of the Website and Materials.

B. Neither the use of the Website nor the transfer of information to or from this Website shall create or constitute an attorney-client relationship between PRB Attorneys at Law, LLC, and any person. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. You should not send any confidential information to this Website or any person in the firm until after you and we have entered into a written agreement for the performance of legal services. If you communicate with us by email, please remember that Internet email is NOT secure from external eavesdropping. Accordingly, you should avoid sending confidential information by Internet email unless your message and attachments are adequately encrypted. Please contact our IT department if you would like to discuss available email security options.

C. In compiling and maintaining this Website, PRB Attorneys do not intend to practice law or solicit legal representation in any jurisdiction where this Website may fail to comply with all laws and ethical rules. PRB Attorneys may maintain offices in various jurisdictions. Please consult the attorney biographies on this Website to determine the particular jurisdiction in which individual attorneys are resident and licensed to practice. To the extent the ethical rules in any jurisdiction require us to designate a principal office or a single attorney responsible for this Website, the firm designates its office in Newark, New Jersey, US, as its principal office, and Susie Burns sburns@tlshealthcarepartners.com as the attorney.

D. Although we have the right to review, edit, remove, or modify information from or on the Website or Materials, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy, or applicability of any such information. Opinions presented by the Website are the opinions of the individual authors and do not necessarily reflect the opinion of PRB Attorneys at Law, LLC, or any of its attorneys or clients.

E. We do not represent or warrant that access to the Materials will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Materials or their features at all times. We reserve the right at any time to modify or discontinue (temporarily or permanently) the Materials or any part thereof with or without notice.

F. The Website or Materials may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

G. The Materials may be used to perform data analysis and other analytics; however, we do not guarantee the results of any such use.

H. Certain data displayed by the Materials relies on the receipt of underlying data from third-party sources. Such data sources may not be in real-time or accurate, and there may be delays or inaccuracies in such displayed data.

I. By using the website and/or materials, you agree and acknowledge that we provide the Website and Materials “as is” and without any warranties, express, implied, or statutory. We and our officers, directors, partners, managers, employees, and suppliers specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement, or any other warranties of any kind. No advice or information (oral or written) obtained by you from us shall create any warranty.

J. Use of the Website and/or Materials is at your sole risk. We do not warrant that you will be able to access or use the Website and/or Materials at the times or locations of your choosing; that the Materials will be uninterrupted or error-free; that defects will be corrected; or that the Materials are free of inaccuracies, misrepresentations by users, viruses, or other harmful components.

K. To the maximum extent permitted by law and except as otherwise prohibited by law, in no event shall we or our partners, employees, or business partners (collectively, the “Related Parties”) be liable to you based on or related to the materials, whether based in contract, tort (including negligence), strict liability or otherwise, and they shall not be responsible for any losses or damages, including without limitation direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or in any way connected with access to or use of the Website or Materials, even if we or Related Parties have been advised of the possibility of such damages. This provision applies only to damages arising from the use of the Website and Materials and does not apply to personal injury or any injury caused by alleged fraud.

L. Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our Related Parties shall be liable for any damages in excess of $100.00 to you or any third-party from your use of the Website or Materials. This limitation shall apply regardless of the basis of your claim or whether or not any remedies provided fail in their essential purpose.

M. Some states may not permit certain disclaimers and limitations, and any such disclaimers or limitations are void where prohibited.

10. Indemnification

You agree to defend, indemnify, and hold harmless us and our partners, employees, business partners, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from (i) your use of and access to the Website or Materials; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any conduct, activity or action that is unlawful or illegal under any state, federal or common law or is violative of the rights of any individual or entity engaged in, caused by or facilitated in any way through the use of the Website or Materials. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website and/or Materials.

11. Disputes, Governing Law, and Jurisdiction

A. You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Materials, or any service provided by us will be resolved solely and exclusively by binding arbitration rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.

B. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.

C. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address specified in the Notice section below.

D. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.

E. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

F. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.

G. Any dispute or alleged claim you may have with respect to your access or use of the Website or Materials must be commenced within one year after the occurrence of the events leading to the dispute or alleged claim.

H. The laws of the State of New Jersey shall govern this Agreement. Any arbitration shall be held in Newark, New Jersey (the “Dispute Resolution Location”). To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website may be brought by you only in a state or federal court located in the Dispute Resolution Location. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION.

12. General

A. Severability. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

B. Revisions. This Agreement may be revised only in writing signed by us or posted by us to the Website or Materials. In the event that we update this Agreement, and you are made aware of the update, your continued use of the Website or Materials after the update shall constitute an agreement to the updated terms.

C. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Website or Materials.

D. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.

E. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

F. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement in addition to such other remedies as we may otherwise have available to us under applicable laws.

G. Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Website and Materials and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.

H. Notices. All notices given by you or required under this Agreement shall be in writing and addressed to PRB Attorneys at Law, LLC, One Gateway Center, Suite 2600, Newark, New Jersey 07102; Attn:  info@tlspartnersrx.com.

I. Survival. Any provision of this Agreement that may reasonably be interpreted as being intended by the parties to survive termination or expiration of the Agreement, shall survive any such termination or expiration.