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Revolutionizing the global healthcare supply chain by empowering medical organizations and manufacturers with automated solutions, resulting in lower drug costs to patients in the USA.
Welcome to the news and media websites offered by Mammoth Rx, INC (collectively, the “Website”, “we”, “us” or “our”). The singular term “Website” includes all websites and web pages within the Website as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Website.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH BELOW. SUCH CHANGES BECOME EFFECTIVE IMMEDIATELY AND IF YOU USE THE WEBSITE AFTER THEY BECOME EFFECTIVE IT WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK BACK FREQUENTLY AND REVIEW THESE TERMS OF USE REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
You agree that these Terms of Use are supported by good and valuable consideration the receipt and sufficiency of which you hereby acknowledge. Such consideration includes, without limitation, your use of the Website and the materials and information available on the same and the possibility of publication or publicity of your User Content, as “User Content” is defined below.
In addition to these Terms of Use, we have established a Privacy Policy to explain how we collect and use information about you. A copy of this Privacy Policy can be found here: Privacy Policy and is incorporated by reference into these Terms of Use. By accessing or using the Website, you are also signifying your acknowledgement and agreement to our Privacy Policy.
The Website is only made available to users 18 years of age or older who reside in the fifty (50) United States, its territories and possessions. If you are not 18 years old, or do not reside in the fifty (50) United States, please discontinue using the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.
The Website and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the “Website Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
Access to the Website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its respective owner. In certain instances, we may permit you to download or print Website Content or both. In such a case, you may download or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms of Use, you may not:
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
In order to access or use some features of the Website, you may have to become a registered user. If you are under the age of 18, then you are not permitted to register as a user or otherwise submit personal information.
If you become a registered user, you will provide true, accurate, and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Membership”), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at privacy@MammothRx.com of any breach of security or unauthorized use of your Membership.
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business; and (2) in connection with the businesses of our successors, parents, subsidiaries, affiliates, and related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms of Use.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our (and third party) advertisers, sponsors, or promotional partners as a result of your use of the Website. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts, or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Additionally, we participate in various affiliate marketing programs, which means we may get paid commissions on editorially chosen products purchased through our links to retailer sites.
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a Healthcare environment. All Pharmaceuticals and similar products sold are for medical use (where no admission fee is charged), non-public performance and may not be duplicated.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Website. All purchases from this Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice.
We make every effort to ensure the accuracy of the price on our web site. When errors are discovered, we will correct them. Be advised that we reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover a pricing error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded back the full amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Please note that individual bank policies vary when the amount is credited back to your account. Prices and availability are subject to change without prior notice.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional, and carefully read all information provided with a product label or packaging, before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product.
We may provide users and viewers with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. Users are required to provide their consent to receive such information from us, either by registering on this Website or via their wireless device. Such services and promotional opportunities are provided by the Advertisers or other third parties. The information requested as part of the online registration process is a user’s telephone number or a wireless email address, but only if specifically requested, and the carrier’s name. Optional information may be requested for specific promotions, such as a user’s preferences regarding goods or services, choices of music or artists, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, the user may also be required to confirm his or her agreement to these Terms of Use and, including without limitation, the Privacy Policy.
Users that register for the wireless marketing services acknowledge, understand and agree that they will be charged by the user’s wireless carrier for all messages sent to the user from us. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will we be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user’s wireless device, telephone number, or email address.
You understand, acknowledge and agree that we may, in our sole discretion and without liability to any user, terminate its offer of any specific wireless marketing service or all wireless marketing services at any time without advance notice. We may provide notice of terminations or changes in services on this Website.
9. CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, Advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
We provide the Website including, without limitation, Website Content for informational, educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Website for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release the Website, us, and our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
You agree to indemnify and hold harmless the Website, us, and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
12. DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES SHALL THE WEBSITE, US, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF THE WEBSITE, US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY THE ABOVE LISTED PARTIES DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your access to the Website for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and related companies shall not be liable to you or any third party for any termination or suspension of your Membership or for blocking your access to the Website.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Membership or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, no class action, no trial by jury and all of the miscellaneous provisions set forth below.
We respect the intellectual property rights of others, and we ask that users of the Website do the same.
If you believe that your intellectual property is being used on the Website in a way that constitutes copyright infringement, please provide us with the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Mammoth Rx, INC
Attention: General Counsel
23151 Alcalde Dr
Laguna Hills, CA 92653
Email: GeneralCounsel@MammothRx.com
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
These Terms of Use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. Any legal proceedings against the Website, us, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, or related companies that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in a state or federal court in the State of California, County of Los Angeles; and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and the Website from time to time for any changes or Additional Terms. Your access and use of any of the Website following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Website and, if applicable, terminate your Membership.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
Effective 11/12/2019 Mammoth Rx, Inc. (collectively, “we”, “us” or “our”) own and operate websites, mobile applications, and other digital, interactive services (collectively, the “Services”). This Privacy Policy applies to the information we collect through the Services, unless the website, mobile application, or other digital, interactive service has a separate privacy policy, in which case that privacy policy will govern. This Privacy Policy, together with the Terms of Use posted on our Services, sets forth the general rules and policies governing your use of our Services. Depending on your activities when visiting our Services, you may be required to agree to additional terms and conditions. This policy describes:
Our Services typically collect three kinds of information about you: (a) information that you voluntarily provide that personally identifies you, including financial information; (b) information that we automatically collect when you use our Services; and (c) information provided by third parties. How we collect and store information depends on the websites you visit, the activities in which you participate and the Services you use. You can use some of the Services without providing any information other than what is automatically collected as described below. Information you provide We may collect information about you during your use of the Services, including your name, username, password, email address, postal address, phone number, mobile phone number, payment information, gender, birth year, and information you provide or post on our Services or allow us to access when you do certain things, such as:
Automatically-collected information Device/usage information We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services. For example, we may collect and analyze information such as (a) IP addresses, geolocation information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting and analyzing this information. We may also capture other data, such as search criteria and results. In some cases, we will associate this information with a unique identifier for our internal use. Location information We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. By using our Services, you consent to the collection of location information. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. Cookies and Local Stored Objects To enhance your experience on our Services, we place “cookies” on your computer or device. Cookies are small text files that we place in your computer or device to store your preferences. Other information you provide to us may be linked to the data stored in the cookie. A cookie assigns a unique numerical identifier to your Web browser or device, and may enable us to recognize you as the same user who has used our Services, and relate your use of the Services to other information about you. We use session and performance cookies to provide you with the services you request and to improve your experience with our Services. For example, we use cookies to personalize your experience on our Services (e.g., to recognize you by name when you return to our site, to save your password in password-protected areas, to enable shopping carts, or to tailor content or product and service offerings). Other cookies are essential to ensure the security and operation of our Services. We also use cookies (and Local Shared Objects, HTML5, cache cookies, web beacons, or clear gifs, all described further below) to understand usage of the Services, analyze traffic, and to improve our content and offerings. Some third parties, such as Google, may place cookies on your browser when you use our Services in order to track your activity across websites and to provide you advertisements tailored to your interests and online activities. For more information on how to opt out of Online Behavioral Advertising, see the Exercising Choice section below. For our European based users, we only place or allow tracking cookies to be placed on your browser with your consent. Most browsers automatically accept cookies. You can set your browser option so that you will not receive cookies and you can also delete existing cookies from your browser. Information from third parties We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide. Aggregate or de-identified data We may aggregate and/or de-identify information collected by the Services or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.
In general, we use the personally identifiable information that we collect to provide you with the services, including the following based on our legitimate interests:
We will make your information available to other companies, websites, applications or people with your consent, or consistent with our legitimate interests, in the circumstances described below:
Promotional Emails You may opt-out from receiving future promotional emails from us, or direct that we not share your information with any Affiliated Companies, by clicking the “unsubscribe” button that appears on our promotional e-mails. Please refer to the settings or options menu in your email client for more information. You can remove yourself from our postal mailings by emailing us at privacy@MammothRx.com. You can also remove yourself by contacting us as described in the “How to Contact Us” section below. Online Behavioral Advertising When you use the Services, we may serve you with ads based on various factors such as the content of the page you are visiting, information you provide such as your age or gender, your searches, demographic data, user-generated content and other information that you provide to us. Some of the services and advertisements are delivered or served by third-party companies. These companies place or recognize cookies, pixel tags, web beacons or other technology to track certain information about our Services website users. For example, in the course of serving certain advertisements, an advertiser may place or recognize a unique cookie on your browser in order to collect certain information about your use of the Services. For another example, an advertiser or ad server may also be able to collect your device’s unique identifier in the course of serving an ad. In many cases, this information could be used to show you ads on other websites based on your interests. We do not have access to, nor control over, these third parties’ use of cookies or other tracking technologies or how they may be used. For example, we use Google to serve advertisements on the Services, which use the Google Doubleclick cookie, and in some cases, a unique device identifier, to show you ads based on your visit to our websites and other sites on the Internet. You may opt out of the use of the Google Doubleclick cookie by visiting the Google ad and content network privacy policy. If you would like more information about this practice, and to learn how to opt out of behavioral advertising on the particular device on which you are accessing this Privacy Policy, please visit: http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#.
Please note that the opt out is cookie-based and will only affect the specific computer and browser on which the opt out is applied. If you delete your browser cookies and want to continue to be opted out of interest-based ads, you will need to opt out again. Precise Device Location Tracking If you authorized us and/or our service providers to collect and/or share information about the precise location of your device through a mobile application, you can always withdraw your consent and prevent the further collection and sharing of your precise device location information by accessing your devices location privacy settings. Each operating system, iOS for Apple devices, Android for Android devices and Windows for Microsoft devices, provides its own instructions on how to turn off precise location sharing. Access the privacy settings for your mobile device or contact your platform operator for more information.
If you are a California Consumer, you have certain rights with respect to the collection, use, transfer, and processing of your “Personal Information”, as defined by the California Consumer Privacy Act (CCPA). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. Collection of Personal Information When California Consumers access our websites, use our services, or contact us, we collect the following Personal Information.
Categories of consumer’s Personal Information collected
Identifiers
Financial Information
Commercial Information
Internet or Electronic Network Activity Information
Geolocation Data
Examples
Real Name, Alias, Post Address, Email, Phone number, Date of Birth, and Account Name.
Credit Card Number
Subscriptions purchased
Browsing history,
information regarding a consumer’s interaction with an Internet Web site, application, or advertisement,
internet Protocol address, device ID,
cookies, beacons, pixel tags, mobile ad Identifiers.
Location information,
device location information
Business or commercial purposes for which the information was collected
Provide you with access to our content.
Provide you with the services you request.
Communicate with you regarding your account or transactions with us.
Send you offers and promotions for our products and services.
Process your transactions.
Process your transactions.
Provide you with access to our content.
Provide you with targeted advertising based on your activity on our sites.
Operate, understand, optimize, develop, or improve our sites, applications, products, services and operations.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Investigate and prevent activities that may violate our policies.
Provide you with access to our content.
Provide you with the services you request.
Categories of sources from which that information was collected
This information is collected directly from you.
This information is collected directly from you.
This information is collected directly from you or by logging our interactions with you.
We collect your internet or other electronic network activity information from your interactions with our website.
We collect your geolocation information from your interactions with our website.
Categories of third parties with whom the business shares personal information
Affiliates, analytics providers, service providers, transactions processors, IT vendors, and law enforcement (if necessary).
In the preceding 12 months, we have not sold Personal Information about consumers.
In the preceding 12 months, we have not sold Personal Information about minors.
Individual Rights
Right to Know About Personal Information Collected, Disclosed, or Sold
You have the right to request that we disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Right to Know requests you can make:
We do not sell any Personal Information of California consumers. This information will be provided to you free of charge, unless we determine that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.
Right of Deletion
You have the right to request that our service providers and we delete any Personal Information about yourself that we have collected from you upon receipt of a verifiable request. This right is subject to exceptions.
Submitting Requests
You can submit your request by calling us at 1 (800)790-8411. You may also submit a request through a webform available by emailing us at privacy@MammothRx.com.
Verifying Requests
We provide California Consumers with the ability to submit requests through our request website, our telephone number, and our email address. We must verify that the person requesting information or deletion is the California Consumer about whom the request relates in order to process the request. To verify a California Consumer’s identity, we may request up to up to three pieces of Personal Information about you when you make a request to compare against our records. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. We reserve the right to take additional steps as necessary to verify the identity of California Consumers where we have reason to believe a request is fraudulent.
Authorized Agent
You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, we require that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with us. Failure to do so may result in us denying your request.
Right to Equal Service
We will not discriminate against you because you exercised any of your rights, including, but not limited to, by:
DO NOT TRACK
Our Sites and Services do not collect personal information about your online activities over time and across third-party websites or online services. Therefore, “do not track” signals transmitted from web browsers do not apply to our Sites or Services, and we do not alter any of our data collection and use practices upon receipt of such a signal.
SHINE THE LIGHT
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law (if any) during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: privacy@MammothRx.com with the subject heading “California Privacy Rights.”
You may contact us as at privacy@MammothRx.com if you have questions or comments about our Privacy Policy; wish to make corrections to any personally identifiable information you have provided; want to opt-out from receiving future commercial correspondence, including emails, from us or our Affiliated Companies; or wish to withdraw your consent to sharing your personally identifiable information with others.
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Services.
If you are a user in the EEA or Switzerland, the following information applies with respect to personal data collected through your use of our Services.
Purposes of processing and legal basis for processing
We process personal data consistent with our disclosures in this Privacy Policy. We process personal data on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide Services to you; (3) to meet legal obligations, and (4) as necessary for our legitimate interests in providing the Services where those interests do not override your fundamental rights and freedoms related to data privacy.
Transfers
Personal data we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or processors maintain facilities. We have put in place appropriate safeguards to ensure the protection of any personal information transferred from the EEA or Switzerland to the United States and other countries. By using the Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.
Individual Rights.
If you are a resident of the EEA or Switzerland, you have certain rights under EU General Data Protection Regulation, as set forth below:
Right to object: You have the right to object to certain types of processing of your information such as direct marketing (to the extent applicable).
This Privacy Policy does not create rights enforceable by third parties.
If you would like to exercise the above-mentioned rights, please direct your written concerns to the following address:
We maintain administrative, technical, and physical safeguards in an effort to protect against unauthorized access, use, loss, modification, disclosure, and any form of unlawful processing of personal data in our custody and control, and our service providers are bound to maintain similar safeguards. These measures also aim at preventing unnecessary collection and further processing of personal data. Although we take appropriate measures to safeguard the personal data in our custody and control, and we require similar safeguarding measures from our service providers, we need you to understand that we are unable to guarantee the security of your personal data.
To provide you with an increased level of security online, access to your personal data on certain of our websites may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication.
We will take reasonable steps to accurately record the personal data that you provide to us and any subsequent updates. We will retain your personal data as long as necessary to fulfill the purposes for which it was collected. Thereafter, we will either delete your personal data or de-identify it so that it cannot be attributed to your identity. Please note that we may continue to retain personal data for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
The features, programs, promotions and other aspects of our Services requiring the submission of personally identifiable information are not intended for anyone under 18 years of age. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at privacy@MammothRx.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit its use.
Our Services may link to or contain links to other third party websites that we do not control or maintain, such as in connection with purchasing products referenced on our Services and banner advertisements. We are not responsible for the privacy practices employed by any third party website. We encourage you to note when you leave our Services and to read the privacy statements of all third party websites before submitting any personally identifiable information.
We reserve the right to change this Privacy Policy. When we change it, we will make a copy of it available to you by posting it at privacy@MammothRx.com, or through other methods. If we make material changes to this Privacy Policy, we will make you aware of them where we post the updated policy and may also notify you by other reasonable methods that we select. If we make material changes to this Privacy Policy that will result in a new use, disclosure, or permission of access to your personal data that we previously collected and stored, we will obtain any consent that may be required by law.
You understand and agree that if you use this website after the effective date of the updated Privacy Policy, we consider your use as acceptance of it.
MAMMOTH Rx is a thoughtfully designed utility suite that empowers medical and pharmaceutical manufacturers, wholesalers, and business owners by providing an interactive, marketplace ecosystem to exchange goods fairly and safely. Mammoth’s robust and intuitive online platform leverages thousands of medical and pharmaceutical product manufacturers, distributors, wholesalers to reach thousands of hospitals, pharmacies, dental practices, and healthcare facilities worldwide. Understanding the pain points and bottlenecks of today’s antiquated procurement process, Mammoth’s platform serves as a single solution to streamline everything from marketing, selling, and purchasing all of the supplies needed to run your business.
PROCUREMENT PROFESSIONALS
Mammoth’s vast network of product suppliers and manufacturers makes sourcing products incredibly simple and the variety of products available makes Mammoth a true “one-stop-shop”. Additionally, Mammoth places independent pharmacies in a position to buy products at rates historically reserved for national to global healthcare institutions, while offering tools that allow even the most complicated inventory environments to reduce and correct inventory levels before it is too late to turn date-sensitive inventories.
WHOLESALERS
Mammoth offers wide exposure on a large network of customers that covers all verticals and specialties in the healthcare space, so every product has its fair place in the market. Mammoth’s marketplace is spectacular in design and GUI (graphic user interface). It is uniquely engineered to market, deploy, upsell, and display custom pricing that enables Mammoth Rx wholesalers and manufacturers to provide better pricing to customers who have high purchasing volume and frequency. Mammoth also provides various online education utilities and displays information for research purposes to end users. This enables a one-stop-shop experience where users can view a wealth of knowledge and then purchase the product immediately.
MANUFACTURERS
Mammoth Rx significantly reduces and improves time-to-market while reducing related marketing, deployment, and sales related costs. Manufacturing partners will have the ability to reduce their time-to-market cycle by at least 50% and associated launch costs, as Mammoth Rx provides manufacturers the ability to get their products in front of wholesalers, distributors, pharmacies, doctors, hospitals, and other pharmaceutical channels literally overnight.
Mammoth Rx has earned its title as the largest, most expansive pharmaceutical and medical hyper-marketplace in the world. Improving the links between all levels of the healthcare supply chain, Mammoth serves as a means to heal a less-than-perfect system and provide a thoughtfully designed solution to promote accessibility, fairness, and integrity to all who do business with us.
Our Customers are our World
Mammoth Rx takes pride in the sheer number and variety of businesses we serve across the healthcare industry. From the manufacturing level all the way to the patient, Mammoth makes every effort to put our customers first and fosters an environment of inclusion and fairness for the betterment of the industry we all thrive in. We are here to grow with you, learn with you and make this world a better place – together.
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