These Terms of Use (“Terms of Use”) govern your access to and use of this Website (“Website”) operated by Rising Pharma Holdings, Inc. d/b/a Rising Pharmaceuticals (“Rising”, “We”, “Us” or “Our”). By accessing or using this Website, You agree to be bound by these Terms of Use and our Privacy Policy (as stated below).
1. Acceptance of Terms
By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and all applicable laws and regulations. If you do not agree to these Terms of Use, you must immediately discontinue use of this Website. These Terms of Use constitute a binding legal agreement between You and Rising Pharma Holdings, Inc. Your continued use of this Website constitutes your ongoing agreement to these terms as they may be modified from time to time.
2. Website Purpose and Intended Audience
This Website is intended solely for use by:
- Healthcare professionals (HCPs), including physicians, pharmacists, and other licensed healthcare providers
- Wholesale distributors and pharmacy purchasers
- Other trade partners in the pharmaceutical supply chain
PATIENTS' DISCLAIMERS: PATIENTS SHOULD CONSULT THEIR HEALTHCARE PROVIDER FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. THE INFORMATION ON THIS WEBSITE DOES NOT CREATE ANY PHYSICIAN-PATIENT, PRESCRIBER-PATIENT, PHARMACIST-PATIENT, HEALTHCARE PROVIDER-PATIENT, OR ANY OTHER PROFESSIONAL HEALTHCARE RELATIONSHIP OF ANY KIND, AND DOES NOT GIVE RISE TO ANY DUTY OF CARE OWED BY RISING PHARMACEUTICALS TO ANY INDIVIDUAL.
Age Warranty: By using this Website, You represent and warrant that You are a healthcare professional, trade partner, or other authorised user, and that You are at least 18 years of age.
3. Product Information and Medical Disclaimer.
All decisions regarding medical treatment must be made by qualified healthcare professionals in consultation with individual patients. The information on this Website:
- Does NOT substitute for professional medical judgment
- Does NOT create any physician-patient, prescriber-patient, pharmacist-patient, healthcare provider-patient, or any other professional healthcare relationship of any kind
- Does NOT give rise to any duty of care owed by Rising Pharmaceuticals to any individual
- Should NOT be used as the sole basis for medical decision-making
- May not reflect the most current product labeling or FDA requirements
ALWAYS CONSULT FULL PRESCRIBING INFORMATION
Before prescribing or dispensing Ranitidine Tablets, USP, healthcare professionals must review the
complete Prescribing Information available on DailyMed and the current FDA-approved product labeling.
4. No Warranty; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF TITLE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
Rising does not warrant that:
- This Website will be uninterrupted, timely, secure, or error-free
- The information on this Website is accurate, complete, reliable, current, or error-free
- Any defects in the Website will be corrected
- This Website or the servers that make it available are free of viruses or other harmful components
No oral or written information or advice given by Rising or its authorized representatives shall create a warranty.
5. Exclusion of Liability.
This complete exclusion of liability applies to all damages and losses, including but not limited to:
- Direct damages
- Indirect damages
- Incidental damages
- Special damages
- Consequential damages
- Punitive damages
- Exemplary damages
- Loss of profits, revenue, data, or business opportunities
- Personal injury (except as required by law)
- Emotional distress
- Any other losses or damages of any kind
- Your access to, use of, or inability to use this Website
- Any information, content, or materials obtained through this Website
- Reliance on any information provided on this Website
- Any errors, omissions, inaccuracies, interruptions, defects, delays in operation or transmission
- Viruses, malware, or other harmful components
- Unauthorized access to or alteration of your transmissions or data
- Data breaches, security incidents, or loss of data
- Statements or conduct of any third party on the Website
- Any links to third-party Websites or services
- Any other matter relating to this Website
- The legal theory on which any claim is based (including contract, tort, negligence, strict liability, breach of warranty, misrepresentation, or any other basis)
- Whether Rising has been advised of the possibility of such damages
- Whether the limited remedies provided herein fail of their essential purpose
6. ESSENTIAL BARGAIN
You acknowledge and agree that this complete exclusion of liability is a fundamental and essential element of the agreement between You and Rising. Rising would not make this Website available to You without this exclusion of liability. By using this Website, You accept all risks associated with such use.
Exclusion of Damages for Product Liability
- Death or personal injury caused by negligence
- Fraud or fraudulent misrepresentation
- Any liability that cannot be excluded or limited under applicable law
7. Indemnification
You agree to defend, indemnify, and hold harmless Rising Pharma Holdings, Inc., its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of this Website
- Your violation of these Terms of Use
- Your violation of any third-party rights, including intellectual property rights
- Your violation of any applicable law or regulation
- Any content or information You submit, post, or transmit through the Website
- This indemnification obligation shall survive termination of these Terms of Use and your use of this Website.
8. Intellectual Property Rights
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Rising Pharma Holdings, Inc. or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website without express written permission from Rising
- Use any data mining, robots, or similar data gathering or extraction methods
- Frame or utilize framing techniques to enclose any trademark, logo, or proprietary information
- Modify, create derivative works from, reverse engineer, or decompile any content on this Website
Rising® Rising Pharmaceuticals® are registered trademarks of Rising Pharma Holdings, Inc.
9. User Conduct and Prohibited Uses
You agree NOT to use this Website to:- Violate any applicable federal, state, local, or international law or regulation
- Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionabl
- Impersonate or attempt to impersonate Rising, a Rising employee, another user, or any other person or entity
- Interfere with or disrupt the Website or servers or networks connected to the Website
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material
- Attempt to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website
- Use the Website for any commercial purpose without Rising's express written consent
- Collect or harvest any personally identifiable information from the Website
10. Links to Third-Party Websites
This Website may contain links to third-party Websites or services that are not owned or controlled by Rising. Rising has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites or services. You acknowledge and agree that Rising shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party Websites or services. The inclusion of any link does not imply endorsement by Rising. Use of any third-party Website is at Your own risk.
11. Governing Law and Jurisdiction.
These Terms of Use and any dispute arising from or relating to this Website shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms of Use or this Website shall be brought exclusively in the state or federal courts located in Delaware, and You hereby consent to the personal jurisdiction and venue of such courts.
12. Dispute Resolution and Arbitration.
(A) MANDATORY ARBITRATION
You and Rising agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use or your use of this Website (collectively, “Disputes”) shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
(B) CLASS ACTION WAIVER
YOU AND RISING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Unless both You and Rising agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.
(C) ARBITRATION PROCEDURES
- The arbitration shall be conducted in Delaware
- The arbitration shall be conducted in English
- The arbitrator's decision shall be final and binding
- Judgment on the arbitration award may be entered in any court having jurisdiction
- Each party shall bear its own attorneys' fees and costs unless the arbitrator awards fees to the prevailing party
(D) EXCEPTIONS TO ARBITRATION
Either party may bring an action in court to:- Seek injunctive or other equitable relief in connection with intellectual property rights
- Seek relief in small claims court if the claim qualifies
(E) OPT-OUT RIGHT
You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to: Rising Pharma Holdings, Inc., 2 Tower Center Blvd., Suite 1401A, East Brunswick, NJ 08816, Attention: Legal Department, within thirty (30) days of first accessing this Website. Your notice must include your name, address, and a clear statement that You wish to opt out of this arbitration provision.
13. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or these Terms of Use must be filed within ONE (1) YEAR after such claim or cause of action arose, or be forever barred.
14. Modifications to Terms of Use.
Rising reserves the right to modify these Terms of Use at any time, effective upon posting of the modified Terms on this Website. Your continued use of the Website following the posting of changes constitutes your acceptance of such changes. We will indicate the date of the most recent update at the top of this page. We encourage You to review these Terms of Use periodically. Material changes that substantially affect your rights will be communicated through prominent notice on this Website.
15. Termination.
Rising may terminate or suspend your access to this Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use. Upon termination, your right to use this Website will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16. Severability.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
17. Waiver.
No waiver by Rising of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Rising to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
18. Entire Agreement.
These Terms of Use, together with our Privacy Policy and any other legal notices published by Rising on this Website, constitute the entire agreement between You and Rising concerning your use of this Website and supersede all prior or contemporaneous communications and proposals, whether oral or written, between You and Rising.
19. Contact Information.
Questions about these Terms of Use should be directed to:
2 Tower Center Blvd., Suite 1401A
East Brunswick, NJ 08816
Email: contact-usa@risingpharma.com
Phone: +1 (201) 961-9000
20. Acknowledgment
