For purposes of this EULA, the following terms have the meanings set forth below:
“Agreement” means this End User License Agreement together with the Terms and Conditions, Privacy Policy, and any applicable Subscription Agreement, all incorporated herein by reference and available at www.creorx.com.
“Authorized User” means an individual who is authorized by a Subscriber to access the Services, including employees, case managers, paralegals, legal assistants, and other personnel acting on behalf of the Subscriber.
“Company” means CreoRx Solutions, including its affiliates, successors, and assigns.
“Confidential Information” means all non-public information disclosed by one party to the other in connection with the Services, including but not limited to client data, medical information, prescription records, lien information, settlement data, proprietary platform information, business processes, and pricing terms. Confidential Information does not include information that: (i) is or becomes publicly available without breach of any confidentiality obligation; (ii) was known to the receiving party prior to disclosure; (iii) is received from a third party without restriction; or (iv) is independently developed without use of the Confidential Information.
“Data” means all information submitted to the Services by or on behalf of Subscriber or its Authorized Users, including client enrollment data, case information, prescription requests, lien acknowledgments, and related records.
“Feedback” means comments, suggestions, and input provided by you to the Company regarding the Services.
“Intellectual Property Rights” means all rights, title, and interest in intellectual property on a worldwide basis, including copyrights, trademarks, trade secrets, patents, and other proprietary rights.
“Principal” means a third party on whose behalf you access or use the Services, such as an employer, law firm, or client.
“Services” means the website www.creorx.com, the CreoRx attorney portal, the client enrollment portal, pharmacy benefit card services, lien administration tools, and all content, features, and functionality offered by the Company.
“Subscriber” means an organization or entity (such as a law firm) that has entered into a Subscription Agreement with the Company authorizing its Authorized Users to access the Services.
“Subscriber Data” means content or information submitted to the Services by or on behalf of a Subscriber or its Authorized Users.
You must be 18 years of age or older to use the Services. By using the Services, you represent and warrant that you meet this requirement. You further represent that you are not a direct or indirect competitor of the Company, nor do you represent, directly or indirectly, a competitor of the Company.
If you have been authorized to use the Services by a Subscriber, that Subscriber has separately agreed to our Subscription Agreement. When an Authorized User submits Subscriber Data to the Services, that Data is owned by the Subscriber. The Subscription Agreement provides the Subscriber with choices and control over Subscriber Data and Authorized User access, including the ability to remove access, manage permissions, and control export settings.
To use the Services, you need to create an account. You agree to provide accurate, complete, and updated information. You are solely responsible for all activity on your account and for maintaining the confidentiality and security of your password and login credentials. We are not liable for any acts or omissions by you in connection with your account. You agree not to create any account if we have previously removed or banned you from any of our Services.
2.1 Credential Responsibility
Your account credentials are unique to you and/or the entity with which you are employed or associated. You must immediately notify us at info@creorx.com if your credentials have been stolen, compromised, or if you are no longer legally entitled to access information through the Services. You are responsible for all activities that occur under your credentials until you or your organization have properly notified us. You shall not share your credentials with any other person. The Company reserves the right to suspend or terminate your access at any time, with or without cause or notice.
2.2 Account Deactivation for Departed Personnel
If you are a law firm or organization that has granted account access to staff members, you are responsible for promptly deactivating any Authorized User’s account when that individual is no longer employed by or affiliated with your organization. You shall notify us at info@creorx.com within five (5) business days of any such departure or change in authorization status. You are fully liable for any actions taken through accounts you fail to deactivate in a timely manner, including unauthorized client enrollments, lien acknowledgments, and access to confidential client data.
2.3 Shared Responsibility for Security
The Company and Subscriber acknowledge and agree that security is a shared responsibility. Subscriber assumes responsibility for managing its user accounts, permissions, login credentials, and other access controls. The Company strongly encourages Subscriber to employ the following security measures and disclaims liability for security incidents caused by failure to implement them:
• Use strong passwords, two-factor authentication (2FA) or multi-factor authentication (MFA) for all accounts;
• Conduct regular review of access logs to ensure only authorized parties are accessing the Services;
• Verify all email addresses, contact information, and other sensitive client data before sharing with third parties;
• Restrict portal access to authorized employees or representatives only;
• Maintain fully patched and updated operating systems and modern web browsers supporting strong encryption (TLS 1.2 or higher);
• Use secure, password-protected links when sharing portal access or documents with clients or third parties;
• Promptly notify the Company of any suspected security incident involving your account.
Our Privacy Policy describes how we handle the information you provide when you use the Services and is available at https://www.creorx.com/privacy-policy/. This EULA is part of a suite of governing documents. The Terms and Conditions control lien obligations, payment terms, and the attorney guarantee. This EULA controls portal usage, electronic signatures, account management, and all other platform matters. The Privacy Policy controls data handling. In the event of a conflict, this hierarchy applies.
Subject to the terms and conditions of this EULA, the Company grants you a limited, non-exclusive, revocable, non-assignable, non-transferable, non-sublicensable right to access and use the Services solely for your internal business use or personal injury case management purposes. You may not do any of the following in connection with your use of the Services unless applicable laws prohibit these restrictions or you have our written permission:
(a) Download, modify, adapt, translate, copy, distribute, transfer, assign, pledge, rent, lease, loan, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained through, the Services, except as expressly permitted in this EULA;
(b) Decompile, decipher, reverse engineer, disassemble, or decode the Services (including any underlying idea or algorithm), or attempt to do any of the same;
(c) Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
(d) Use automation software, bots, hacks, modifications, or any other unauthorized third-party software designed to modify the Services;
(e) Exploit the Services for any commercial purpose, including without limitation facilitating any commercial advertisement or solicitation;
(f) Gain or attempt to gain unauthorized access to the Services or their related systems or networks;
(g) Access or use the Services in any manner that could disable, overburden, damage, disrupt, or impair the Services or interfere with any other party’s access or use;
(h) Use any robot, spider, crawler, scraper, or other automatic process that intercepts, mines, scrapes, extracts, or otherwise accesses the Services to monitor, extract, copy, or collect information;
(i) Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials into our systems;
(j) Submit, transmit, display, perform, post, or store any content that is inaccurate, unlawful, defamatory, obscene, invasive of privacy rights, deceptive, or otherwise objectionable;
(k) Use or access the Services for any fraudulent purpose, or attempt to do the same;
(l) Use the Services if you are directly or indirectly a competitor of the Company;
(m) Use the CreoRx Services or any other integrated third-party platform in a manner that violates those platforms’ terms of service;
(n) Violate, or attempt to violate, any applicable law or regulation in connection with your access to or use of the Services; or
(o) Access or use the Services in any way not expressly permitted by this EULA.
The Company reserves the right, but is not obligated, to monitor the Services and investigate any activity that it suspects violates this EULA or any applicable law. The Company reserves the right to cooperate with any governmental authority or third party investigating potentially illegal conduct. You hereby consent to any such monitoring, investigation, and cooperation, including disclosure of your account information, Subscriber Data, and usage records to governmental or law enforcement authorities, as the Company deems reasonably necessary. No right to privacy shall apply to any information transmitted through or stored on the Services, except as expressly provided in the Company’s Privacy Policy.
You represent, warrant, and agree that your use of the Services will comply with all applicable federal, state, and local laws, rules, and regulations, including but not limited to HIPAA, HITECH, applicable state lien statutes, state bar ethics rules, and professional responsibility standards. You are solely responsible for determining and ensuring your compliance with all such laws. The Company does not provide legal, medical, or compliance advice, and your use of the Services does not relieve you of any legal or regulatory obligation
The Company will use commercially reasonable efforts consistent with prevailing industry standards to make the Services available during normal business operations, except for: (a) scheduled maintenance; (b) unplanned downtime; (c) unavailability caused by circumstances beyond the Company’s reasonable control, including acts of God, government action, pandemic, telecommunications failures, denial of service attacks, and pharmacy network disruptions; and (d) unavailability due to equipment or software not provided by the Company. The Company does not guarantee uninterrupted, error-free access to the Services.
Anonymized Data Use – Notwithstanding any other provision of this EULA, the Company shall have the right to collect and analyze Subscriber Data and other information relating to the provision, use, and performance of the Services. The Company may use, store, copy, display, and transmit such data to improve and enhance the Services and for development, diagnostic, and corrective purposes. The Company may use and share such data in aggregate or other de-identified form (“Anonymized Data”) in connection with its business. Anonymized Data will not be considered Confidential Information of Subscriber and will not be used in a manner that identifies any individual or client.
Customer List – Notwithstanding anything herein to the contrary, the Company may display Subscriber’s name and logo on its website and related marketing materials as a customer of the Company, unless Subscriber expressly objects in writing.
The Services are designed solely to facilitate pharmacy benefit access and lien administration for personal injury cases. The Company does not provide medical advice, diagnosis, or treatment recommendations. Use of the Services does not establish a pharmacist-patient, provider-patient, or any other healthcare provider relationship between the Company and any client, patient, or end user. All medical decisions remain solely between the client and their treating healthcare provider(s).
The Company does not provide legal advice. Nothing in the Services or this EULA shall be construed as legal advice or the practice of law. Attorneys and law firms using the Services are solely responsible for ensuring their use complies with applicable state bar rules, professional responsibility standards, and all other legal and ethical obligations. The Company expressly disclaims any liability arising from a user’s reliance on the Services for medical or legal guidance.
8.1 Consent to Electronic Signatures Under 15 U.S.C. § 7001
In accordance with the Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.), you acknowledge and agree that electronic signatures, records, and transactions entered into through the Services are legally valid, binding, and enforceable to the same extent as signatures, records, and transactions executed in writing on paper.
8.2 Use of Your Name as an Electronic Signature
By registering for an account and using the Services, you expressly consent to the use of your name as entered during registration as your electronic signature for all actions performed within the CreoRx portal. This includes enrolling clients, approving lien agreements, acknowledging letters of protection, authorizing pharmacy benefit cards, modifying client records, adjusting card spending limits, and any other transactional or administrative actions taken through the Services. Each action you perform while logged into your account shall be deemed signed by you electronically and carries the same legal weight as your handwritten signature.
8.3 Attorney and Law Firm Acknowledgment of Staff Electronic Signatures
If you are an attorney, law firm, or authorized representative of a law firm (collectively, “Firm”) using the Services, you acknowledge and agree to the following:
(a) Staff Authorization. When the Firm’s staff members enroll a client into the CreoRx system on the client’s behalf, such staff members are acting as authorized agents of the Firm. By permitting staff to use the Services, the Firm, Managing Attorney, Partners, Attorney on File represents and warrants that it has granted such staff the authority to act on its behalf and on behalf of its clients in connection with the Services.
(b) Client Lien and Letter of Protection Acknowledgment. When a Firm’s staff member enrolls a client in the CreoRx system, the staff member’s electronic signature serves as the Firm’s acknowledgment and acceptance of the lien agreement and/or letter of protection associated with that client’s enrollment.
(c) Countersignature Authority. The Firm acknowledges that when its staff electronically signs or approves a client enrollment, lien agreement, or LOP through the Services, the staff member is countersigning on behalf of the Firm, Managing Attorney, Partners, Attorney on File in conjunction with the client’s consent. The Firm accepts full responsibility for ensuring that its staff members are properly authorized and that all necessary client consents have been obtained prior to enrollment.
(d) Firm Responsibility. The Firm is solely responsible for managing and overseeing the actions of its staff within the Services. The Company shall not be liable for any unauthorized actions taken by the Firm’s staff members through the Services.
8.4 Consent to Electronic Records
By using the Services, you consent to receive all agreements, notices, disclosures, and other communications electronically, including lien agreements, letters of protection, invoices, custody records, pharmacy benefit card terms, and settlement-related documents. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic records by discontinuing use of the Services and contacting us in writing at info@creorx.com; however, withdrawal of consent may result in termination of your access to the Services.
8.5 Record Retention
The Company will maintain electronic records of all transactions, signatures, and approvals made through the Services for the duration required by applicable law. You are encouraged to download or print copies of all electronic records for your own files. These retention obligations are consistent with those set forth in the Terms and Conditions and Privacy Policy.
9.1 Confidentiality Obligations
In the course of using the Services, you may access, receive, or otherwise be exposed to Confidential Information belonging to the Company, its clients, other users, or third parties. Confidential Information includes, but is not limited to, client personal and medical information, prescription data, lien amounts, settlement information, billing records, custody records, and any other information accessed through the portal that is not publicly available.
You agree to: (a) maintain the confidentiality of all Confidential Information; (b) use Confidential Information solely for the purposes authorized under this EULA and in connection with the legal representation of the applicable client; (c) restrict access to Confidential Information to only those personnel who have a legitimate need-to-know; (d) implement and maintain reasonable administrative, technical, and physical safeguards to protect Confidential Information; and (e) promptly notify the Company at info@creorx.com upon discovery of any unauthorized access, use, or disclosure of Confidential Information.
The parties acknowledge that unauthorized use or disclosure of Confidential Information would constitute a material breach of this EULA and may cause irreparable harm to the disclosing party, entitling the disclosing party to seek injunctive or other equitable relief without the necessity of posting any bond.
Neither party will disclose to the other party any third-party confidential information without first obtaining the written consent of such third party.
9.2 Surviving Obligation
The confidentiality obligations set forth in this Section 9 shall survive the termination or expiration of this EULA and your use of the Services for a period of seven (7) years, or for such longer period as may be required by applicable law (including HIPAA) or as may apply to trade secret information, which shall be protected for so long as it qualifies for trade secret protection under applicable law. This aligns with the data retention period specified in the Terms and Conditions and the Privacy Policy.
10.1 Assumption of Risk
You are solely responsible for your use of the Services, including any content you submit, and you expressly acknowledge and agree that your use of the Services is at your sole risk. Accordingly, the Company does not assume any liability for or relating to your actions in connection with the Services, including client enrollments, lien acknowledgments, prescription processing, and reliance on data displayed through the portal.
10.2 Disclaimers
YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY AND ITS PARENTS, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUCCESSORS, ASSIGNS, CONSULTANTS, SUPPLIERS, AND LICENSORS (THE “COMPANY ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE COMPANY ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE SERVICES; (B) THE ACCURACY OR COMPLETENESS OF ANY CONTENT DISPLAYED THROUGH THE SERVICES, INCLUDING LIEN BALANCES, PRESCRIPTION RECORDS, BILLING DATA, CLIENT ENROLLMENT INFORMATION, AND PHARMACY NETWORK AVAILABILITY; (C) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (D) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR SYSTEM; (E) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (F) THE DELETION OF OR FAILURE TO STORE COMMUNICATIONS MAINTAINED BY THE SERVICES. THE COMPANY ENTITIES ARE NOT LAW FIRMS OR LEGAL SERVICE PROVIDERS AND CANNOT PROVIDE ANY LEGAL ADVICE.
10.3 Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES RESULTING FROM OR ARISING OUT OF THIS EULA OR THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES. THE COMPANY ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS ($100.00), OR (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM. SOME JURISDICTIONS (SUCH AS NEW JERSEY) DO NOT ALLOW THESE EXCLUSIONS OR LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. THESE LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10.4 Waiver of Unknown Claims
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” THIS WAIVER APPLIES TO ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA, THE SERVICES, OR YOUR USE THEREOF.
10.5 Indemnification
By entering into this EULA and accessing or using the Services, you agree to defend, indemnify, and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) incurred by the Company Entities arising out of or in connection with: (a) your violation or breach of any term of this EULA or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) Your Content; (e) your negligence or willful misconduct; (f) the actions or omissions of your staff, agents, or authorized personnel in connection with the Services; or (g) any misrepresentation made by you.
If you are obligated to indemnify any Company Entity, the Company will have the right, in its sole discretion, to control any action or proceeding and to determine whether to settle, and if so, on what terms. You agree to fully cooperate in the defense or settlement of such claim and will not settle any claims without the prior written consent of the Company.
11.1 Updating This EULA
We may modify this EULA from time to time, in which case we will update the “Last Revised” date at the bottom of this EULA. If we make material changes, we will use reasonable efforts to notify you, such as by email and/or by placing a prominent notice on the first page of the Website. Your continued access or use of the Services after modifications have become effective will be deemed your acceptance of the modified EULA.
11.2 Termination of License and Your Account; Data Offboarding
If you breach any provision of this EULA, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your account with or without notice, for any or no reason. If the Company deletes your account for any suspected breach, you are prohibited from re-registering under a different name.
Upon termination or deactivation of your account, the Company may retain client enrollment data, lien records, prescription histories, electronic signature records, custody records, invoices, and other transactional data for a period of no less than seven (7) years, or for such longer period as may be required by applicable law, regulatory requirements, or the Company’s lien enforcement rights.
Within twenty (20) days following termination or expiration, you may notify the Company in writing whether you would like your Data: (i) returned to you in a mutually agreed-upon format; or (ii) certified as destroyed. You shall be responsible for any costs associated with data return. The Company will provide written certification of deletion upon request. The Company shall be permitted to retain copies of any Data for archival, legal, and regulatory purposes, and to use Anonymized Data as described in Section 5.6.
11.3 Survival
The following Sections shall survive any termination or expiration of this EULA: Section 1.1 (Principal/Agent Liability), Section 5 (Ownership and Content), Section 7 (No Medical or Legal Advice), Section 8 (Electronic Signatures and Consent), Section 9 (Confidentiality), Section 10 (Disclaimers, Limitations of Liability, and Indemnification), Section 11.2 (Termination and Data Retention), Section 11.4 (Injunctive Relief), Section 11.6 (Governing Law and Arbitration), Section 11.7 (Class Action and Jury Trial Waiver), Section 11.8 (Statute of Limitations), Section 11.10 (Notices), and Section 11.11 (Entire Agreement), together with any other provisions that by their nature are intended to survive termination.
11.4 Injunctive Relief
You agree that a breach of this EULA will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy, and the Company shall be entitled to equitable relief in addition to any other remedies it may have at law, without a bond, other security, or proof of damages.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, SUCH LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT, OPERATION, OR EXPLOITATION OF THE SERVICES OR ANY INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY THE COMPANY.
11.5 California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
11.6 Governing Law, Jurisdiction, and Arbitration
This EULA and all matters arising out of or relating to this EULA shall be governed by the internal laws of the State of Nevada without giving effect to any choice of law rule. The Services are operated by us in the United States.
Before initiating arbitration, the party seeking to arbitrate must first provide written notice of its claim (“Notice of Dispute”) to the other party. The Notice of Dispute must include: (a) the name and contact information of the claimant; (b) account information; (c) a written description of the claim and relevant supporting information; and (d) a good faith calculation of damages and the specific relief requested. The parties agree to negotiate any claim in good faith. Neither party may commence arbitration unless the parties are unable to resolve the claim within thirty (30) days after receipt of the Notice of Dispute and have made a good faith effort to resolve the claim during that time.
Except as set forth below, each party irrevocably consents to the mandatory and exclusive jurisdiction and venue of the state and federal courts located in Nevada, with venue proper only in Clark County, Nevada. Except for: (i) the right of either party to apply to a court of competent jurisdiction for temporary restraining order, preliminary injunction, or other equitable relief; or (ii) the right of the Company to enforce its right to collect amounts due under this EULA, any claim or controversy arising out of or relating to this EULA shall be finally and exclusively settled by binding arbitration in Clark County, Nevada.
The arbitration shall be held before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator shall be selected pursuant to the AAA rules and shall apply the substantive law of the State of Nevada, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand, therefore. The prevailing party shall be entitled to receive from the other party all attorneys’ fees and costs incurred. Any judgment upon the award rendered may be entered in any court of competent jurisdiction in Nevada. The AAA Commercial Arbitration Rules can be found at www.adr.org/Rules.
11.7 Class Action and Jury Trial Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THIS EULA OR THE SERVICES. YOU AND THE COMPANY EACH 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, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THESE RIGHTS VOLUNTARILY AND KNOWINGLY.
11.8 Statute of Limitations
You agree that any claim or cause of action arising out of or relating to this EULA or the Services must be commenced within one (1) year after the cause of action accrues. Any claim not filed within this one-year period shall be permanently barred, regardless of whether the claim arises under contract, tort, statute, or any other legal theory. This limitation does not apply to the Company’s right to enforce its lien rights or to collect amounts due under the Terms and Conditions, which shall be subject to the applicable statute of limitations under Nevada law.
11.9 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations under this EULA where such failure or delay results from causes beyond the Company’s reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, epidemic, or pandemic; war, terrorism, civil unrest, or government action; internet or telecommunications failures, power outages, or system malfunctions; pharmacy network disruptions, formulary changes, or third-party service provider failures; cyberattacks, data breaches, or security incidents affecting third-party systems; or changes in applicable laws, regulations, or regulatory guidance. In the event of a force majeure event, the Company’s obligations under this EULA shall be suspended for the duration of the event, and the Company shall use commercially reasonable efforts to resume performance as promptly as practicable.
11.10 Notices
All formal legal notices required or permitted under this EULA shall be in writing and shall be deemed duly given: (a) upon delivery, if delivered by hand; (b) one (1) business day after deposit with a recognized overnight courier service with tracking confirmation; (c) three (3) business days after mailing by certified or registered mail, return receipt requested, postage prepaid; or (d) upon confirmed receipt, if sent by email to a designated legal contact address. Notices to the Company shall be sent to: CreoRx Solutions, 871 Coronado Center Dr., Suite 200, Henderson, NV 89052, Attn: Legal Department, or by email to info@creorx.com. Notices to you shall be sent to the address or email associated with your account. Either party may update its notice address by providing written notice to the other party in accordance with this Section.
11.11 Entire Agreement
This EULA, together with the Terms and Conditions, the Privacy Policy, any applicable Subscription Agreement, and any other agreements or policies expressly incorporated by reference herein, constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements, representations, warranties, and understandings relating to such subject matter. In the event of a conflict between this EULA and the Terms and Conditions, the Terms and Conditions shall control with respect to lien-related obligations, payment terms, arbitration of lien disputes, and the attorney guarantee; this EULA shall control with respect to portal usage, electronic signatures, account management, and all other matters. No oral or written statement not expressly set forth in these documents shall be binding on either party.
11.12 Independent Contractor Relationship
The Company’s relationship with you will be that of an independent contractor. Neither party is the agent, representative, nor partner of the other, and neither party has any authority or power to bind or contract in the name of or to create any liability against the other. Nothing in this EULA shall be construed to give either party the power to direct and control the day-to-day activities of the other or to constitute the parties as partners, joint venturers, principal and agent, or employer and employee.
11.13 No Third-Party Beneficiaries
This EULA is for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this EULA, except as expressly provided herein.
11.14 Language
English is the language of this EULA, and all communications and proceedings relating to it must be conducted in English. If this EULA is translated into any other language, the English language version will control in the event of any conflict.
11.15 Miscellaneous
If any provision of this EULA shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This EULA and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. 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 reference only and shall not be read to have any legal effect. The words “include,” “includes,” and “including” shall be deemed to be followed by the phrase “without limitation.”
You may contact us regarding the Services or this EULA at:
CreoRx Solutions
871 Coronado Center Dr., Suite 200
Henderson, NV 89052
Phone: (877) 273-6791
Email: info@creorx.com