IMPORTANT – PLEASE READ CAREFULLY
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE RXLIVE WEBSITE AND SERVICES (the “SERVICES”). BY CLICKING THE “I ACCEPT” BUTTON, YOU ARE AGREEING THAT YOU READ AND UNDERSTAND THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THEM AND THAT YOU ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT CREATE A USER ACCOUNT OR USE THE SERVICES.
By continuing to use the Services, You agree as follows:
- You are at least 18 years old or have been legally emancipated;
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You understand, accept, and have received this Agreement and its Terms, and acknowledge and demonstrate that You can access this Agreement at will.
If You do not agree with and accept the Terms in this Agreement, please discontinue all further use of the Services. Do not continue the registration process.
ARBITRATION NOTICE: Except if You opt-out and except for certain types of disputes described in the Dispute Resolution section below, You agree that disputes between You and RxLive will be resolved by binding, individual arbitration and You waive your right to participate in a Class Action Lawsuit or Class-Wide Arbitration. You can opt-out of the agreement to arbitrate by contacting our Chief Compliance and Privacy Officer at firstname.lastname@example.org within 30 days of accepting these Terms.
Last Modified: October 1, 2018
RxLive provides an online option for communicating with licensed and qualified pharmacists and other specialists and providers (“Service Providers”) about medical conditions that are not life-threatening or emergent. If You believe or someone else advises You that You have or suspect that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTH CARE PROVIDER OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. If You have or suspect that You have an urgent medical problem or condition, please contact a qualified healthcare professional immediately. Never disregard, avoid, or delay obtaining medical advice from a doctor or other qualified healthcare provider because of something learned or instructed via the Services. If You have or suspect that You have a medical problem or condition, please contact a qualified healthcare professional.
THE CONTENT ON THE SITE IS NOT AND SHOULD NOT BE CONSIDERED MEDICAL ADVICE OR A SUBSTITUTE FOR INDIVIDUAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT, INCLUDING INFORMATION REGARDING WHICH DRUGS, THERAPY, OR OTHER TREATMENT MAY BE APPROPRIATE FOR YOU.
Obligation to Disclose
Our Service Providers are qualified to provide You with advice and guidance regarding medication management and chronic disease management. They also provide education and counseling and other common pharmacy services. However, our Service Providers may not have access to your physician’s records or your local pharmacist’s records. The ability of our Service Providers to provide You the most accurate guidance depends on your ability to fully and completely disclose your full medication history and any other medical information requested. You agree to consult with your healthcare provider, insurance company, and/or your local pharmacy to ensure You have and can communicate the most accurate and up-to-date information regarding your health. Our Service Providers shall not be responsible for advice that adversely affects You, if such advice was based on incomplete information given to them by You.
Independence of Service Providers
Our Service Providers are not our employees. They are independent contractors. Any opinions, advice, or information expressed by any Service Provider to You are those of that individual and that individual alone and they do not reflect the opinions of the Company, its affiliates, or any other organizations with which the Service Provider is affiliated or for which he or she provides services. THE ADVICE PROVIDED TO YOU BY SERVICE PROVIDERS IS NOT UNDER THE CONTROL OF RXLIVE. The Company does not recommend or endorse any specific tests, Service Providers, products, procedures, opinions, or other information that may be mentioned on the Website.
By accessing and using the Services, You accept responsibility for yourself in your use of the Services. You acknowledge that your relationship for health care services is with the Service Provider and your obtaining services from a Service Provider is solely at your own risk. By using the Services, You agree to not hold us liable in any way for any malpractice or substandard treatment the Service Provider may provide.
We reserve the right to withdraw, restrict access to, or amend some or all of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period.
Accessing the Website and Account Security
The Website is designed to require users to provide a valid, working e-mail address and password. Upon registering, You will select a password. Your e-mail address, the password and codes assigned to You are, collectively, your “User Information.” You are solely responsible for (A) maintaining the strict confidentiality of your User Information, (B) not allowing another person to use your User Information to access the Services, and(B) not allowing another person to use your User Information to access the Services, and(C) any and all damages or losses that may be incurred or suffered as a result of any activities that occur due to any authorized or unauthorized use of your User Information. You agree to immediately notify us in writing by email of any unauthorized use of your User Information or any other breach of security. You also agree to exit from your account at the end of each session. You need to be very cautious when accessing your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
“Intellectual Property Rights” means all intellectual property rights or similar proprietary rights, including (a) patent rights and utility models, (b) copyrights and database rights, (c) trademarks, trade names, domain names and trade dress and the goodwill associated therewith, (d) trade secrets, (e) mask works, and (f) industrial design rights; in each case, including any registrations of, applications to register, and renewals and extensions of, any of the foregoing in any jurisdiction in the world.
Rights to Website Information and Consent
You agree to use the Website for your personal, non-commercial use only. No licenses or rights are granted to You by implication or otherwise under any Intellectual Property Rights owned or controlled by RxLive or its licensors, vendors, and affiliates, except for the licenses and rights expressly granted in these Terms. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, create derivative works of, transfer, publicly display, publicly perform, transmit, stream, download, store, transmit, broadcast or otherwise exploit the Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, You may take such actions as are enabled by such features.
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If You wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
Rights to Your Information and Consent
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- For any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms.
- To impersonate or attempt to impersonate RxLive, an RxLive employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the us or users of the Services or expose them to liability.
Additionally, You agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Encourage or enable any other individual to do any of the foregoing.
Monitoring and Enforcement; Termination
We have the right to:
- Remove, delete, or refuse to post any Customer Data for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Website infringe your copyright, You may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:§ 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material You believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact You (including your name, postal address, telephone number, and, if available, email address).
- A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Please send the DMCA Notices to our copyright agent at:
Attn: Copyright Agent
695 Central Ave, Suite 203
St. Petersburg, FL 33701
If You fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if You knowingly materially misrepresent that material or activity on the Website is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
RxLive reserves the right, in its sole discretion, to terminate the account or access of any user of our Services who is the subject or repeated DMCA or other infringement notifications.
Links to Third Party Sites
Not for Use Outside of the US
We provide Services for use only by persons located in the United States. We make no claims that the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws.
Representation and Disclaimer of Warranties
Each party represents, warrants and covenants that: (a) it has the full power and authority to enter into this Agreement and to perform its obligations hereunder, without the need for any consents, approvals or immunities not yet obtained; (b) its acceptance of and performance under this Agreement will not breach any oral or written agreement with any third party or any obligation owed by it to any third party to keep any information or materials in confidence or in trust; and (c) it will comply with any and all applicable local, state, and/or national laws or regulations applicable to such party, including, without limitation, those related to PHI, Covered Entities, and Business Associates as each term is defined under HIPAA, and to any other laws or regulations regarding data privacy and transmission of personal data.
We do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any material posted on the website, or any third-party website linked to it.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. Except as limited by applicable law, the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for particular purposes. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the services will otherwise meet your needs or expectations. The Company shall in no event be liable to You or to anyone for any decision made or action taken by any party (including, without limitation, any user) in reliance on information from service providers or information otherwise available through the Services. No advice or information, whether oral or written, obtained from or through the services will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Services and with other persons with whom You communicate or interact as a result of your use of the Services, including, without limitation, service providers or other authorized third parties. RxLive makes no representations or warranties as to the conduct of users of the Services, including, without limitation, service providers.
Limitation on Liability
You acknowledge and agree that, to the maximum extent permitted by law, except with respect to claims of breach of data security obligations, or claims arising from a data security incident, the entire risk arising out of your access to and use of the Services remains with You. In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind under any legal theory arising out of or in connection with your use or inability to use the Services or any third party sites, including any direct, indirect, special, incidental, exemplary, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if a limited remedy set forth herein is found to have failed in meeting its essential purpose.
If You are dissatisfied with the Services or the Terms, your remedy is to discontinue using them. You acknowledge that if You use the Services for an emergent, serious or life-threatening condition, such use is at your sole risk. RxLive is not liable to You or any person for any decision made or action taken in reliance upon the general educational information included via the Services (including information posted on or available through the Website). RxLive is not liable to any user or person for any harm caused by the negligence or misconduct of service providers.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to You. In such states, RxLive’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall in no event exceed $1000.00. Any claim arising from the usage of the Website must be brought within one (1) year of the event from which the claim arose.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and Service Providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms or your use of the Services, including, but not limited to, your Customer Data, any use of the Website’s content, services and products other than as expressly authorized in these Terms or your use of any information obtained from or through the Services.
- Before filing a claim against RxLive, You agree to try to resolve the Dispute informally by contacting our Chief Compliance and Privacy Officer at firstname.lastname@example.org. We will try to resolve the dispute informally by contacting You through email. If a dispute is not resolved within 15 days after submission, You may bring a formal proceeding, as outlined below.
- In the event of any controversy or claim arising out of or relating to these Terms or a breach thereof, You shall attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association.2. In the event of any controversy or claim arising out of or relating to these Terms or a breach thereof, You shall attempt to settle the dispute with non-binding mediation through the American Health Lawyers Association.
- You shall, in writing, join RxLive in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If You and RxLive cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either You or RxLive shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations. In which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA. You shall, in writing, join RxLive in a joint demand for mediation and afterward jointly select a suitable mediator from the AHLA roster. If You and RxLive cannot agree upon a mediator, the AHLA shall designate one. The mediation will be conducted according to the AHLA’s Agreement to Mediate. The findings, conclusions, and recommendations of the mediator shall be non-binding, confidential, and inadmissible in arbitration or any other subsequent proceeding. Either You or RxLive shall have the right to bypass mediation and/or reject the Mediator’s findings, conclusions, and recommendations. In which event, all claims and disputes shall be exclusively, fully, and finally resolved using binding arbitration through the AHLA.
- In the event that the dispute escalates to arbitration, You and RxLive agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) is selected by RxLive, and the third (3rd) is selected by mutual consent of You and RxLive. If You and RxLive cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.3. In the event that the dispute escalates to arbitration, You and RxLive agree to employ three (3) arbitrators (the “Panel”), where one arbitrator (1) is selected by You, one (1) is selected by RxLive, and the third (3rd) is selected by mutual consent of You and RxLive. If You and RxLive cannot agree upon the third arbitrator, the first two (2) arbitrators chosen shall select the third arbitrator. The selection decision shall be binding. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions—the specific manner to be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the Panel may be entered in any court of competent jurisdiction.
- You and RxLive shall each pay 50% of all mediator and/or arbitrator costs, expenses, and fees incurred in connection with mediating and/or arbitrating under these Terms.
Any claim or dispute arising under these Terms must be initiated for mediation and/or arbitration within one (1) year from its accrual date. Any claim or dispute initiated one (1) year or longer from its accrual date shall be time-barred and dismissed.
Exceptions to Agreement to Arbitrate: RxLive may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of Our Intellectual Property Rights without first engaging in the informal dispute-resolution process described above.
Mandatory Arbitration Notice and Class Actions
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting our Chief Compliance and Privacy Officer at email@example.com within 30 days of first accepting these Terms and stating that You (first and last name) decline this dispute resolution process.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction as stated below, in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Waiver and Severability
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by RxLive via email (in each case to the address that You provide); or (ii) by posting to the Website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
695 Central Ave, Suite 203,
St. Petersburg, FL 33701
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.