Terms of Use

1. Assent to Terms of Use

By using this website, you are indicating that you have read, acknowledge, and agree to be bound by the policies, terms, and conditions set forth below (the “Terms of Use”) in their entirety without limitation or qualification. This applies regardless of how you accessed this website (e.g., directly or through a third-party site that linked to it), and regardless of whether you are a registered user or a guest. If you do not agree to these Terms of Use, you are not authorized to use this website or the services provided by this website, and you must cease all such use immediately.

2. Changes to Site or to Terms of Use

Any description of the products or services provided by SMRxT, Inc. (“SMRxT”) is not a representation that the product or services are working or will always work in that manner. SMRxT may update its website (nomiadherence.com), or websites, and the services, at any time, and those updates may not always be reflected in the Terms of Use. SMRxT may revise the Terms of Use at any time, and you agree to be bound by the revised Terms of Use. It is your responsibility to return to the Terms of Use from time to time to review the most-current terms and conditions. SMRxT does not and will not assume any obligation to notify you of changes to the Terms of Use. The Terms of Use supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by SMRxT. SMRxT reserves the right to change the Terms of Use at any time and for any reason. Any such changes will become effective upon the date they are first posted to the nomiadherence.com site.

3. Privacy

SMRxT’s policies and practices regarding privacy and personal information are detailed in the SMRxT Privacy Policy, which is incorporated into the Terms of Use by reference. SMRxT may, in its sole discretion, identify any user to third parties or disclose any content or information to third parties, including but not limited to personally identifiable registration information: (1) in response to a request from law enforcement for such information; (2) in response to a court order or subpoena; or (3) in response to a request by a school (or body empowered by a school) in relation to an investigation into plagiarism or cheating.

4. Representations and Warranties

You represent and warrant that you understand and agree that the Terms of Use represent a legally binding agreement and the equivalent of a signed, written contract, and that you will use this website in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of these Terms of Use.

5. Proprietary Rights

The nomiadherence.com site is owned and operated by SMRxT, Inc. Except as otherwise specified, all materials appearing on this website or one or more of its affiliated websites—including its text, design, logos, graphics, and icons and the selection, assembly and arrangement thereof—are the sole property of SMRxT and, if applicable, its licensors. You may use this website for your own personal use. You may not use, distribute, republish, upload, modify, transmit, or post any content of this website for public or commercial purposes—including any text, images, audio, or video—without SMRxT’s prior written permission. You may not mirror any material contained on this site on any other server. You may not view, copy, or procure content or information from this website by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless authorized in writing by SMRxT. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this website may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

6. Disclaimer of Warranties

You agree that use of the SMRxT site (nomiadherence.com) is at your sole risk. Neither SMRxT, nor its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like warrant that SMRxT’s website (nomiadherence.com) will be uninterrupted or error-free. Nor does SMRxT make any warranty as to the results that may be obtained from the use of SMRxT’s website (nomiadherence.com) or the content contained therein, or as to the accuracy, completeness, reliability, security, or currency of the content. The inclusion of any linked website or service on the SMRxT site (nomiadherence.com) does not imply approval or endorsement of the linked website or service by SMRxT, and those websites or services are not necessarily investigated, monitored, or checked for accuracy or completeness by SMRxT. SMRxT takes no responsibility for third-party advertisements or services that are posted on, through, or in connection with the SMRxT site, nor does SMRxT take any responsibility for the goods or services provided by those third parties.

THIS SITE AND THE MATERIALS, CONTENT, AND INFORMATION ON THE SITE ARE PROVIDED BY SMRXT ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. SMRXT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND ANY MATERIALS, CONTENT, OR INFORMATION ON THE SMRXT SITE (NOMIADHERENCE.COM), TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. SMRXT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY MATERIALS, CONTENT, OR INFORMATION ON THE SMRXT SITE (NOMIADHERENCE.COM) OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE SMRXT SITE (NOMIADHERENCE.COM) OR YOUR USE OF THE SMRXT SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THE TERMS OF USE.

7. Limitation of Liabilities

YOU AGREE THAT SMRXT WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF ANY MATERIALS, CONTENT, OR INFORMATION ON THE SMRXT SITE (NOMIADHERENCE.COM) REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WILL SMRXT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO ANY MATERIALS, CONTENT, OR INFORMATION ON THE SMRXT SITE, YOUR USE OF, OR INABILITY TO USE, THE SMRXT SITE (NOMIADHERENCE.COM) GENERALLY, OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF WHETHER SMRXT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless SMRxT, its affiliates, agents, officers, directors, employees, agents and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of the Terms of Use, violation of any law or regulation, or violation of any third-party proprietary or privacy right. These indemnity obligations survive any expiration or termination of your relationship with SMRxT.

9. Release

In the event you have any dispute with one or more SMRxT users , you agree to release SMRxT, its affiliates, agents, officers, directors, employees, agents and licensors from claims, demands, and damages (whether actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

10. Choice of Law and Dispute Resolution

SMRxT makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the materials in violation of U.S. export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms of Use will be governed in all respects by the laws of the state of New York and will be treated the same as an agreement entered into and to be performed entirely within New York between New York residents, without regard to conflict-of-law provisions. This is the case regardless of whether you reside or transact business with SMRxT in New York or elsewhere. Any dispute relating in any way to your use of the SMRxT site will be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate SMRxT’s intellectual-property rights, SMRxT may seek injunctive or other appropriate relief in any state or federal court in New York County, New York, and you consent and submit to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use will be conducted under the commercial-arbitration rules then prevailing of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. This “Choice of Law and Dispute Resolution” section survives any expiration or termination of your relationship with SMRxT.

11. Electronic Communications and Electronic Signatures

You agree to be bound by any affirmation, assent, or agreement you transmit through SMRxT’s website (nomiadherence.com), including but not limited to any consent you give solely through electronic transmission. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

12. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary, and it will not affect the validity and enforceability of any remaining provisions.

13. Waiver

The failure of SMRxT to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by SMRxT.

14. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by any user, but may be assigned by SMRxT without restriction and in its sole discretion.

15. How to contact us

If you have questions about the Terms of Use, contact us by phone at (913) 298-1490, by email at info@smrxt.com, or by regular mail at: SMRxT, Inc., 6901 Shawnee Mission Pkwy, Suite 118, Overland Park, KS 66202.