Terms of Service
Last update: January 23, 2025
By accessing and using this website (“Website”), which is or may be provided by The Travis Group, LLC, a Florida limited liability company doing business as RxRoundtable ( “Company,” "us", “we", "our"), user (“you,” “your,” “User”) expressly agree to these Terms of Service, along with our Privacy Policy, and any Membership Agreement you may enter into (collectively, the “Agreement”), which are collectively a material prerequisite to your use of our Website.
General. In general, the Website provides information about Company’s membership and service offerings, and may from time to time include information about events or other relevant information.
Minimum Age. The Website is only intended for use by persons at least 13 years old. Do not use the Website if you are younger than 13 years old. If you have parental consent to use our website under 13 years old, your parent must contact us first at harry@thetravisgrp.com.
Third Party Support. If, in Company’s discretion, a hardware or software functionality or issue requires third party support (from “Third Party Supporters”), Company may retain such third party support in its sole discretion and at its sole cost and expense. Company is not responsible to User for the terms of any Third Party Supporter, nor for any malfunction or other failure of Third Party Support. To the extent a Third Party Supporter’s Terms of Service apply to Users of the Website, User shall comply with such Terms of Service as well, and in any event User shall commit no act or omission that causes Company to breach any third party’s Terms of Service.
Content of Inputs. All content, uploads, and other inputs into the Website by User shall be relevant to the purposes of this Agreement and purposes of the Website; and no prompt, upload, or input shall be of an illegal, harassing, bullying, abusive, profane, or otherwise harmful or irrelevant nature, as determined by Company. For any User information or content, uploads, inputs, or other deposits into the Website or otherwise in the Website environment by User (collectively, “User Content”), the deposit of User Content into the Website is done at User’s sole risk in all circumstances, including, without limitation, in terms of Company’s or its Third Party Supporters’ exposure to such information.
Intellectual Property. “Intellectual Property” means, without limitation, any and all domestic or international trade names, brand names, fictitious names, trademarks, service marks, trade dress, trade secrets, copyrights or copyrightable works, patents, rights of publicity, designs (whether artistic, technological, functional, or other type of design), artwork, label designs, logos, drawings, specifications, work product, concepts, prototypes, blueprints, plans, formulas, systems, schemas, recipes, methods (including without limitation delivery, storage, receipt, transmission, presentation, and manufacture of audio, video, formulaic, informational, or other data or content), techniques, business models, writings, graphics, reports, projections, or any other compilations of information, software of any and every kind, software and computer codes of any and every kind, software development tools, assemblers, compilers, device drivers, software libraries, firmware, hardware, web domain names, technology, technical information, scientific information, processes, strategies, templates, forms, discoveries, research and development data, customer lists, databases, database schemas, financial information, pricing models, personnel information, training methods, marketing plans or techniques, business plans or proposals, inventions (whether patentable or not), discoveries, proprietary information, know-how, data, written material, records, and all improvements and derivatives thereof, and all other intellectual property, proprietary rights, goodwill, and documents related thereto, whether registerable or not, whether registered or not, and whether reduced to practice or not, which exists, is embodied in, or comes within the scope of the Platform, along with any and all applications for registration of same in any jurisdiction, and any and all renewals or extensions thereof, together with all other rights and interests accruing by reason of domestic or international conventions with respect to intellectual property, all together with any or all rights to royalties resulting from the licensing of any Intellectual Property and the rights to pursue damages, injunctive relief, or other remedies for infringement or misuse. INTELLECTUAL PROPERTY FURTHER INCLUDES ANY AND ALL USER CONTENT AS DEFINED IN THE “CONTENT OF INPUTS” SECTION ABOVE, AS WELL AS ANY AND ALL USER FEEDBACK AND IDEAS PRESENTED BY A USER TO COMPANY. For the avoidance of doubt, the definition of Intellectual Property and the items and materials that are covered by the scope of this definition shall be construed as broadly as possible in favor of Company.
a. Ownership of Intellectual Property. All Intellectual Property embodied within, uploaded to, deposited to, or otherwise associated with the Website is and shall remain solely the property of Company. User hereby assigns, grants, conveys, and transfers to Company all Intellectual Property rights associated with User Content, and any and all User feedback and ideas presented to Company.
b. License to use Website. During the term of this Agreement, Company provides User with a limited, non-exclusive, non-transferable, royalty-free, license, in the territory of the United States, to access the Website and use it on the terms of this Agreement, and for no other purpose. In the event of paid services, if Company suspects usage beyond one User on an account, Company may require proof of each actual User’s membership, and may suspend or terminate User’s account and usage if such proof is not provided or not sufficient. Each User may be permitted or required to establish an account to access the user-end portions of the Website with login credentials (which may be provided by Company unless Company permits the User to select their own login credentials). Login credentials shall be kept in confidence except as may be required by Company to be provided to Company. Login credentials shall only be used for the purposes of this Agreement, and User shall not provide User’s login credentials to any third party.
c. Protection of Intellectual Property. User shall not do or attempt, directly or indirectly, nor encourage others to do or attempt any of the following:
i. register or use any other trade name, trademark, service mark, or other form of Intellectual Property incorporating or based in whole or in part on any of the Intellectual Property;
ii. use any Intellectual Property as part of any corporate or trade name, as part of prominent signage displaying its business name, or in connection with unauthorized goods or services;
iii. use the Intellectual Property in combination with any other intellectual property;
iv. debrand, rebrand, or private label any of the Intellectual Property;
v. deconstruct, decode, decompile, disassemble, reverse engineer, or otherwise tamper with any of the Intellectual Property;
vi. copy, or duplicate the Intellectual Property, or develop any derivative works thereof, or include any portion of the Intellectual Property in any work product;
vii. separate the Intellectual Property into component parts, or install or attach other software, programs, devices, or intellectual property to the Intellectual Property;
viii. remove any product identification, or notices of any proprietary restrictions, or Intellectual Property designation;
ix. hold itself out as having any ownership interest in the Intellectual Property;
x. license the Intellectual Property to a third party;
xi. dispute the validity, ownership, or enforceability of any of the Intellectual Property; oppose the registration of any pending registration application; or petition to cancel the registration of any registered Intellectual Property;
xii. any other thing that would constitute infringement of, or which invalidates, dilutes, diminishes, tarnishes, harms, or otherwise adversely affects the functionality of the Intellectual Property, the value of the Intellectual Property, or the goodwill associated therewith.
No Warranty. User acknowledges, understands, and agrees that the content of the Website shall be solely in Company’s discretion; that Website content may or may not align with User’s expectations; that the Website may not perform optimally or at all, that there are no warranties or guarantees of functionality, fitness for a particular purpose, accuracy, security of the Website or the information contained therein, or otherwise, and that User shall not and will not rely on any results or outputs of the Website.
Limitations on Liability. User acknowledges and agrees that Company would not enter into this Agreement nor provide use of the Website unless Company could rely on the limitations described in this paragraph. In no event will Company, its affiliates, officers, directors, members, shareholders, employees, contractors, subcontractors, agents, or advisors (collectively, including Company, “Company Representatives”) be liable to User, its heirs, personal representatives, friends, family members, affiliates, officers, directors, members, shareholders, employees, contractors, subcontractors, agents, or advisors (“User Representatives”) for any actual, indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits, savings, other indirect or contingent event-based economic loss, or any other loss or damage of any kind or nature whatsoever (“Losses”) arising out of or in connection with the Website, this Agreement, User’s use or misuse of or participation in the Website or beta participation (if applicable), cyberattacks, data loss, malware related issues, cyber-ransom, privacy-related or other security breaches, or any and all third party acts or omissions of any kind or nature whatsoever, even if User has been advised of the possibility of such damages. In all instances, Company’s aggregate liability to any User, collectively, for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement, whether in contract, tort, indemnification, or negligence, shall be limited to the amount the User paid for use of the Website. The foregoing limitation shall apply even if the remedies listed in this Agreement fail of their essential purpose.
Indemnification. User shall indemnify, defend, and hold harmless the Company Representatives (in this section also referred to as an “Indemnified Party,” collectively, “Indemnified Parties”) from and against any and all losses, damages, claims, causes of action, lawsuits, investigations, judgments, and other legal or adverse action (“Disputes”) arising out of or relating to User’s: (a) Losses as defined in Limitations on Liability, (b) violation of any obligation under this Agreement or any other agreement with any party, (c) negligence, (d) violation of law, rule, regulation, ordinance, judicial or other government order, (e) violation of any third party right, (f) willful misconduct, (g) tortious act or omission, any or all of the foregoing by User or any User representative, or (h) an Indemnified Party’s costs and fees (including attorney’s fees) for Indemnified Party’s preparation of, participation in, and legal guidance for responses to any subpoenas (of any kind, including, without limitation, for materials, documents, deposition, etc.), discovery, or other mandatory or requested involvement in any separate lawsuits, arbitration, mediation, investigation, or other legal process which Indemnified Party is not directly involved in, due to User’s involvement (as a party, witness, or otherwise) in such investigation or legal process (collectively, “Claims”), including any and all actual damages incurred by an Indemnified Party, including without limitation economic damages, statutory damages, consequential damages, or damages of any other kind for which an Indemnified Party is held liable or incurs via settlement of Claims, plus third party attorney’s fees for which an Indemnified Party is held liable or incurs via settlement of Claims, and all costs associated with the Indemnified Party’s defense of any such Claims at all levels of pre-litigation, litigation, settlement, trial, appeal, enforcement, and bankruptcy, all less any insurance proceeds covering or related to same. The Indemnified Party will have the right, but not the obligation, to control the intake, defense and disposition of any Claim for which indemnity may be sought under this section. The Indemnifying Party shall be permitted to have counsel of its choosing participate in the defense of the applicable claim. Each Indemnified Party shall have the sole right and option to settle any Claims against it.
Login Credentials. Company may terminate the account/login credentials of a User that is not a Member.
Updates. We may update these Terms of Service in response to changing laws or technical or business developments, or for any other reason in Company’s sole discretion. Your use of the Website constitutes your acceptance of the then-current Terms of Service.
Arbitration. Except as provided below, any dispute, claim or controversy arising from or related to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be settled by arbitration before one (1) arbitrator who is mutually agreed upon by the parties, or if the parties cannot agree on an arbitrator within fifteen (15) days after a demand for arbitration is filed, the arbitration venue shall select the arbitrator. The arbitration shall be seated, administered, and conducted by the American Arbitration Association (the “AAA”) in Seminole County, Florida, pursuant to the selected forum’s arbitration rules for commercial disputes (the “Rules”). In the event of any inconsistency between the Rules and the procedures set forth in this paragraph, then to the extent allowed by law, the procedures set forth in this paragraph will control. The arbitrator will be experienced in contract, intellectual property, and software/information technology transactions. The arbitrator will determine the scope of discovery in the matter; however, it is the intent of the parties that any discovery proceedings be limited to the specific issues in the applicable matter, and that discovery be tailored to fulfill that intent. The parties shall split the cost of the arbitrator’s fees, and otherwise shall pay their own attorney’s fees, costs, and expenses. The arbitrator’s findings of fact shall be binding, but a party may appeal to a court of law as to matters of law and for enforcement.
Exceptions to arbitration requirement: At the option of the plaintiff, any claim for temporary, preliminary, or permanent injunctive relief to enjoin infringement or other misuse of intellectual property rights, or to prevent imminent or ongoing property damage or injury to person or property may be brought in a court of law.Governing Law; Venue. This Agreement shall be governed by, and construed in accordance with, the laws of the United States and the State of Florida, without giving effect to Florida’s conflicts of laws rules, and regardless of the place or places of its physical execution and performance. Member and the RxRoundtable hereby (a) consent to the personal jurisdiction of the state and federal courts serving Seminole County, Florida, United States (b) stipulate that the exclusive venue and seating for any mediation, arbitration, or other legal proceeding arising out of this Agreement is Seminole County, Florida, United States, and (c) waive any defense, whether asserted by motion or pleading, that Seminole County, Florida, United States is an improper or inconvenient venue. The parties consent to video appearances for all appearances, except as otherwise required by a court.
WAIVER OF JURY TRIAL. AS A MATERIAL INDUCEMENT FOR THIS AGREEMENT, EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT IT MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION (INCLUDING IF FILED IN VIOLATION OF THE ARBITRATION REQUIREMENT) RELATED TO, BASED UPON, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE TRANSACTIONS DESCRIBED OR CONTEMPLATED HEREBY, AND/OR ANY RELATIONSHIP, COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY INCLUDING, BUT NOT LIMITED TO, SUBSEQUENT ACTIONS TAKEN IN ENFORCEMENT OF ANY PARTY’S RIGHTS UNDER THIS AGREEMENT. THIS WAIVER IS KNOWINGLY, INTENTIONALLY AND VOLUNTARILY MADE BY EACH PARTY, AND EACH SUCH PARTY ACKNOWLEDGES THAT NONE OF THE OTHER PARTIES NOR ANY PERSON ACTING ON BEHALF OF ANY OTHER PARTY HAS MADE ANY REPRESENTATIONS OF FACT TO INDUCE THIS WAIVER OF TRIAL BY JURY OR IN ANY WAY TO MODIFY OR NULLIFY ITS EFFECT. EACH PARTY HEREBY FURTHER ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THE MEANING AND RAMIFICATIONS OF THIS WAIVER PROVISION, AND FURTHER HAS HAD THE OPPORTUNITY TO HAVE THE LEGAL COUNSEL OF ITS CHOOSING REVIEW THIS WAIVER AND THE ENTIRE AGREEMENT, OR ELSE HAS WAIVED SUCH OPPORTUNITY. IT IS THE PARTIES’ INTENTION THAT BY THIS WAIVER, ANY DISPUTE OF ANY NATURE WHATSOEVER, IN CONTRACT OR IN TORT OR OTHERWISE, OR IN ANY WAY WHATSOEVER RELATED TO BUSINESS BETWEEN THEM SHALL NOT BE TRIED BY A JURY. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS AGREEMENT.
WAIVER OF CLASS ACTION. AS A MATERIAL INDUCEMENT FOR THIS AGREEMENT, AND WITHOUT WAIVING ANY REQUIREMENTS FOR MEDIATION AND ARBITRATION (IF APPLICABLE), AND TO THE EXTENT ALLOWED BY LAW, THE PARTIES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Attorney’s Fees. Except for the specific and narrow provision of Indemnification in which a User shall be responsible to an Indemnified Party for the Indemnified Party’s attorney’s fees necessary to assist the Indemnified Party in responding to subpoenas and other discovery requests for User litigation that Indemnified Party is not involved in, in the event of any dispute arising between User and Company or another Indemnified Party under or relating to this Agreement (including if filed in violation of the Arbitration requirement), whether or not a lawsuit or other proceeding is filed, each party shall pay their own attorney’s fees, costs, and expenses, regardless of outcome.
CONTACT US
If you have any questions about this Terms of Service, You can contact us:
By email: harry@thetravisgrp.com
By visiting this page on our website: https://therxroundtable.com/contact
By phone number: 407-739-4699