Terms of Use

TERMS OF USE

Legally Binding Agreement. By viewing, accessing or otherwise using this website, you agree that these Terms of Use form a legally binding agreement between you and NewCrop, LLC, a Texas limited liability company (“NewCrop”). If you do not wish to be bound by these Terms of Use, you are not authorized to view this website. NewCrop reserves the right to change these Terms of Use at any time; your continued viewing of, access to or other use of this website signifies that you agree to be bound by these Terms of Use as they are amended.
Grant of License. Subject to these and any other applicable terms and conditions to which you signify your agreement, NewCrop hereby grants to you the non-exclusive, non-transferable, revocable right and license to view, access and use the content available through this website, including without limitation its top-level and any sub-level domains and web pages, and the products, services, resources, data, information, text, graphics, audio, video and other content set forth therein or accessible hereby (the “Site”); provided, that you are not authorized to view, access or use portions of the Site or features and functionality thereof that expressly require your enrollment and authorization as provided elsewhere in this Site.
General Notices and Disclaimers. The Site is for informational and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients, for which each health care professional is exclusively responsible. Neither NewCrop nor its licensors and suppliers of content to the Site give medical advice, or medical or diagnostic services. Reliance upon features, functionality or other content obtained at or through the Site is solely at your own risk. NEWCROP CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED IN CONNECTION WITH THE SITE, ANY ERRORS OR OMISSIONS IN SUCH INFORMATION, OR FOR ANY ERRORS OR OMISSIONS COMMITTED BY YOU OR ANYONE GAINING ACCESS TO THE SITE OR ITS CONTENT THROUGH YOU. Without limiting any other provision of these Terms of Use, you acknowledge that NewCrop is not responsible for loss of data or other failure, outage or interruption in the provision of internet or other communication services by third party providers.
Links to Other Websites. The Site may contain direct links to websites owned or maintained by persons unrelated to NewCrop. These links are offered strictly as a courtesy for your convenience and should not in any way be construed as an endorsement by NewCrop of such third party websites or their content. NewCrop is not responsible for the content of linked third party websites and makes no representations regarding the content or accuracy of information contained on such third party websites. Your access to any such third party websites by way of active links to such sites provided from and within the Site will be solely at your own risk. Usage of any such linked third-party websites is subject to the individual terms and conditions of use of each site, which may among other things place or gather “cookies” or otherwise collect personal information about persons using such websites. NewCrop is not responsible for the privacy policies of or any actions of third parties who control the activities of such third party websites. Please contact the relevant parties controlling these third party websites or access their online policies to obtain specific information regarding their data collection practices.
Advertisements. NewCrop may accept and post advertising and other content from third parties and may allow certain third parties to post subscription offers and or registration services through the Site. However, except as otherwise expressly stated in the Site, NewCrop does not recommend or endorse such third parties or their offers or services, and is in no way responsible for the content or accuracy of such advertisements or the conduct or practices of such third parties.
Proprietary Rights. Unpublished--rights reserved under the Copyright Laws of the United States. All products, services, resources, data, information, text, graphics, audio, video and other content of the Site are and will remain the exclusive property throughout the world of NewCrop and/or its licensors and suppliers, and are protected by applicable copyright law and international treaty. You hereby assign to NewCrop all right, title and interest in any suggestions, ideas, comments or other feedback communicated to NewCrop in connection with your access to or use of the Site. UNAUTHORIZED OR UNAPPROVED USE OF THE SITE OR ANY OF ITS CONTENT MAY CONSTITUTE COPYRIGHT INFRINGEMENT AND BE SUBJECT TO CIVIL AND/OR CRIMINAL LEGAL PENALTIES.
Notice of Copyright Infringement Claims. If you believe that any material on the Site constitutes infringement of your copyright or the copyright of any person whom you are authorized to represent, you should send written notice to NewCrop’s Copyright Agent (identified below) containing the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
3. A description of where the material that you claim is infringing is located, such as the URL where it is posted;
4. Your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
NewCrop’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
By mail: Lawrence I. Susnow, M.D.
6402 Mercer St.
Houston, Texas 77005
By telephone: (713) 662-3578
By fax: (713) 662-3578
By email: copyright@newcroprx.com

Please note: This contact information is solely for reporting copyright infringement.
Trademarks. “NewCrop™”, “NewCropRx™”, “NewCrop™ Electronic Prescribing”, “NewCrop™ Connect”, “NewCrop™ Advanced”, and “NewCrop™ Formulary” are trademarks and service marks of NewCrop; all other names, brands and marks used in these Terms of Use or on the Site are used for identification purposes only and may be tradenames, trademarks, service names or service marks of their respective owners.
Interactive Communications. NewCrop may in its sole discretion make available on or through the Site an on-line “chat” room, user forum, bulletin board, or other interactive public, quasi-public or authorized users-only discussion venue to which persons not acting on behalf of NewCrop may post or upload content for review by others generally. In that event, each user who wishes to participate will be required to acknowledge and agree to the terms and conditions of an Interactive Forum Agreement at the time of his or her initial enrollment in such forum, and again each time that such user logs into such forum using his or her assigned password or other access code(s). Otherwise, you agree that you will not attempt to post or upload content to the Site of any kind, except as required to complete or maintain your enrollment and otherwise as may be necessary and incidental to the proper and lawful use of the NewCrop™ Electronic Prescribing system and related features, functionality or other content.
No Warranties. YOUR LICENSE TO ACCESS THE SITE IS GRANTED ON AN "AS IS AND WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, PERTAINING TO THE SITE OR ITS FEATURES, FUNCTIONALITY OR OTHER CONTENT, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply, and you may have other rights available that vary from jurisdiction to jurisdiction.
Exclusion of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL NEWCROP OR ANY OF ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER DAMAGES THAT IN ANY WAY RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (1) VIEWING OF, ACCESS TO OR OTHER USE OF THE SITE BY YOU OR ANY PERSON GAINING ACCESS THROUGH YOU (2) RELIANCE BY ANY PERSON ON THE CONTENT OF THE SITE, OR (3) ANY ACT OR OMISSION BY NEWCROP OR ITS LICENSORS OR SUPPLIERS IN CONNECTION WITH THE SITE, REGARDLESS OF WHETHER NEWCROP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply, and you may have other rights available that vary from jurisdiction to jurisdiction.
Termination. NewCrop has the right to terminate its operation of the Site or your access to the Site at any time and for any reason. Upon such termination, however caused, the provisions of these Terms of Use that expressly or by implication are intended to apply beyond such termination will survive such termination, including but not limited to the provisions of you agree to return or destroy all copies of any content obtained by you from the Site.
Exports and Non-U.S. Users. NewCrop operates and/or administers the Site from within the United States of America, and does not make any representation that features, functionality or other content of the Site are available, appropriate or lawful in any non-U.S. jurisdiction. Access to such content from jurisdictions where such access is illegal is a violation of these Terms of Use. Further, use of the Site from outside the U.S. is subject to U.S. export control and trade sanctions laws and regulations, including without limitation those administered by the U.S. Departments of Commerce, Treasury and State. These rules prohibit the export or re-export of this service to certain enumerated countries or regions, as well as the use or access of this product by, among others, (a) entities, nationals or residents of those countries or regions, and (b) persons on the U.S. Treasury Department's List of Specially Designated Nationals, the U.S. Commerce Department's Entity List, or the U.S. Commerce Department's Denied Parties List.You’re your viewing of, access to or use of the Site, you represent and warrant that you are not located in any of such countries, identified on any of such lists, or engaged in nuclear, biological or chemical weapons proliferation activity. You agree not to export or re-export any features, functionality or other content obtained from or through the Site to any third country without the consent of NewCrop and compliance with such laws, regulations, orders or other restrictions.
U.S. GOVERNMENT RESTRICTED RIGHTS. UNPUBLISHED – RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES. The web pages, products, services, resources, data, information, text, graphics, audio, video and other content set forth in the Site or accessible thereby “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Use, reproduction, or disclosure by the U.S. Government is subject to restrictions set forth in 48 C.F.R. 12.212, 48 C.F.R. 52.227-14 Alt. III (g)(3), 48 C.F.R. 52.227-19, and 48 C.F.R. 227.7202, as amended from time to time. As provided in the cited regulations, all U.S. Government end users gain access to, view and use the Site and its content with only those rights set forth herein. Contractor/Manufacturer is NewCrop, LLC, 6402 Mercer, Houston, Texas 77005, USA. Any contract notices should be sent to this address.
Governing Law and Arbitration. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to its conflict of laws provisions. Subject to the provisions concerning preliminary injunctive relief set forth below, any controversy or claim arising out of or relating to these Terms of Use or the breach hereof shall be settled exclusively by arbitration in accordance with the rules of the American Arbitration Association. Such arbitration shall be held in Houston, Texas, in the English language, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof, which judgment may include such equitable or injunctive relief as the arbitrator(s) direct in the award, or as is reasonably necessary to implement the terms of such award. Such awards shall be rendered in writing, stating the reasons therefor, and costs may be assessed by the arbitrator(s) as they determine to be appropriate. Any such claim must be brought within one (1) year following the date on which the claimant knew or reasonably should have known that the claim or cause of action arose. Notwithstanding the foregoing, NewCrop will have the right to seek and obtain from any court of competent jurisdiction preliminary injunctive relief against unauthorized access to or use of the features, functionality or other content of the Site, or other breaches of these Terms of Use, pending the outcome of the arbitration proceeding filed or to be filed with respect to such claim; provided, that under no circumstances shall any such application for preliminary injunctive relief be construed as or constitute a waiver of NewCrop’s right to require arbitration of the substance of any such claim as provided above.
Miscellaneous. All rights not expressly granted in these Terms of Use are reserved to NewCrop. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use. The failure of either party at any time to require the performance by the other party of any provision of these Terms of Use shall in no way affect the right of such party to require performance of that provision. Any waiver by either party of any breach of any provision of these Terms of Use shall not be construed as a waiver of any continuing or succeeding breach of such provisions, a waiver of the provision itself, or a waiver of any right under these Terms of Use. If any part of these Terms of Use is invalid or unenforceable, that part will be construed, limited, modified, or, severed so as to eliminate its invalidity or unenforceability, except to the extent that such invalidity or unenforceability gives rise to a fundamental failure of consideration. Failure of any party to perform any obligation under these Terms of Use caused by governmental restrictions, labor disputes, emergency, unavailability of services or materials, or other causes beyond the reasonable control of the party and which could not have been avoided by the party's use of due care shall not be deemed a breach of these Terms of Use, and if any time period for performance is involved, such period shall be deemed extended accordingly, provided that this sentence shall not apply to the payment of monies. Under local law and treaties, the restrictions and limitations of these Terms of Use may not apply to you; you may have other rights and remedies, and be subject to other restrictions and limitations.