TERMS OF USE
NOTICE AND ACCEPTANCE OF THE TERMS OF USE
This website, https://rxcareamerica.com, is provided by RxCare America and may be used for informational purposes only. The following terms of use (“Terms of Use”) govern your access to and use of this website (this “Site”), including any content, functionality and services offered on or through this Site, whether as a guest or registered user. By accessing, viewing or using the material on this Site, you indicate that you have read, understand, accept and agree to be legally bound and abide by these Terms of Use. If you do not agree to be bound and abide by these Terms of Use, do not use this Site or download materials from this Site.
CHANGES TO THE TERMS OF USE
RxCare America, in its sole discretion, may revise and update these Terms of Use from time to time. All changes will be effective immediately when posted to the Site, and will apply to all access to and use of the Site thereafter. Changes to these Terms of Use will be indicated by a new revision date. Your continued use of the Site after the Terms of Use have been updated means that you accept and agree to the updated version of the Terms of Use. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you.
ACCESSING THE SITE AND ACCOUNT SECURITY
The RxCare America, in its sole discretion and without notice, reserves the right to withdraw any service or material that it provides on the Site. To access some of the resources on the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide to register with this Site or otherwise, is correct, current and complete. If you choose, or are provided with, a username or password to access certain aspects of the Site, you must treat such information as confidential, and you must not disclose such information to any other person or entity. You agree to notify us immediately of any known unauthorized access to or use of your username or password. Please note that RxCare America reserves the right to disable any username or password if in its opinion, you have violated these Terms of Use.
NO MEDICAL OR LEGAL ADVICE
The information provided on this Site is for general informational purposes. It is not medical or legal advice and is not a substitute for obtaining up-to-date professional advice from a qualified person. Always consult with your doctor for appropriate examinations, treatment, testing, care recommendations, and questions pertaining to your medical condition and symptoms. Do not rely on information from this Site as a tool for self-diagnosis. If you have any questions about any law or requirements referenced in this Site, you should contact your own legal counsel.
DISCLAIMER OF WARRANTY AND LIABILITY
While we strive to keep up-to-date materials on the Site, RxCare America cannot and does not assume responsibility for any errors or omissions in these materials presented on or through the Site. RxCare America has no obligation to update this Site; therefore, information presented may be out of date and contain inaccuracies or errors. RxCare America may make changes to these materials, to the products or services described within the Site, or to these Terms of Use, at any time without prior written notice, except as prohibited by law. Any information contained on or through this Site is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill, and judgment of a doctor, pharmacist, or other qualified healthcare provider. The absence of a warning for a given drug or drug combination should not be construed by you as an indication that the drug or drug combination is safe, appropriate or effective for a given patient. Any reliance you place on these materials or any information presented on or through the Site is strictly at your own risk. RxCare America disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by any third party who may be informed of any of the Site’s contents. RxCare America also disclaims liability and responsibility arising from your order of prescriptions via the Site. Ordering prescriptions via this Site is your own responsibility and strictly at your own risk. RxCare America, nor its affiliates, employees, agents, officers or directors shall be liable for any outcome of your use of any prescription ordered through this Site or any other websites linked from this Site. RXCARE AMERICA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. USER OF THIS SITE AGREES THAT NEITHER RXCARE AMERICA, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH MAY RESULT FROM THE RELIANCE ON, USE OF, ACCESS TO, OR INABILITY TO USE THE SITE OR ANY MATERIALS ON OR LINKED TO THE SITE. YOU AGREE TO USE THIS SITE AND SUBMIT INFORMATION AT YOUR OWN RISK.
BILLING AND PRICING DISCLAIMER
You agree to provide accurate and truthful billing information for any purchases made on or through this Site. You represent and warrant that if you are making online payments that (i)any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. RxCare America reserves the right to cancel your order for any reason including but not limited to the receipt of inaccurate or untruthful information from you, limitations on quantities available for purchase, or errors in product or pricing information. RxCare America will automatically charge on a monthly recurring basis the subscription fee, including applicable taxes to the credit card associated with your subscription. By confirming your purchase at the end of the checkout process, you agree to these terms and accept and pay for all items. Electronic Transactions Certain purchases may be electronically made through the Site using a bank account. You understand that because these transactions are electronic transactions, the associated funds may be withdrawn from your account as soon as today’s date. If the payment date falls on a weekend or holiday, you understand that the payment may be executed on the next business day. You understand that if your account does not have sufficient funds when a payment is due, RxCare America will not be responsible or liable for any penalties or charges assessed by any financial institution as a result of such insufficiency. You acknowledge that, in the event that RxCare America’s additional attempts to collect the payment due via electronic funds transfer are unsuccessful, you must make the payment due by other means. You understand that RxCare America will assess a non-sufficient funds fee of $25.00 as a result of your account having insufficient funds.
PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Site or linked through this Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. If a product offered by this Site is not as described, your sole remedy is to return it in unused condition. You also agree and understand that resale of products or services purchased on or through this Site is specifically prohibited. We reserve the right, at our sole discretion, to refuse to sell products to you if it appears to us that you intend to resell such products or services. We also reserve the right to limit the quantity of items purchased for any reason. We will notify you if we will apply any limits to you order. YOU AGREE THAT NEITHER AMERICA’S PHARMACY SOURCE, NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS SHALL BE LIABLE FOR INACCURACIES, MISSTATEMENTS OR OMISSIONS REGARDING DESCRIBED FEATURES, CONTENT, AND/OR SPECIFICATIONS OF A PRODUCT OR SERVICE OFFERED ON THIS SITE.
PRIVACY POLICY
You agree to the Internet privacy policy (“Privacy Policy”), which is incorporated by reference in these Terms of Use.
INDEMNIFICATION
You agree to defend, indemnify, and hold RxCare America, its officers, directors, employees, agents, licensors, affiliates, successors, service providers and suppliers, harmless from and against any and all claims, actions or demands, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your violation of these Terms of Use to which you have agreed by use of this Site.
LINKS TO OTHER WEBSITES
This Site may contain links to other internet websites for the convenience of users in locating information and services that may be of interest. Visitors to this Site acknowledge that these third-party sites are maintained by persons or organizations over which RxCare America exercises no control; and RxCare America is not responsible for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Unless otherwise stated, links do not represent an intent to promote or endorse information, products or services.
PROPRIETARY RIGHTS
All material contained in this Site is protected by law, including but not limited to United States copyright, trademark and other laws. Except as indicated, RxCare America is the owner of the copyright in the entire content (including all information, images, displays, text and look and feel and attributes) of this Site and reserves all rights in that regard. These Terms of Use permit you to use the Site for your personal, non-commercial use only. Any commercial use of this Site’s content is prohibited without the prior written consent of America’s Pharmacy Source. Except as expressly permitted, you may not reproduce, modify, distribute, create derivative works of, republish, download, upload, post, store, transmit, hyperlink to or form, or distribute any content or material on the Site.
USE OF SITE
You agree to use the Site only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (1) use this Site in any way that violates any applicable federal, state or local law or regulation; (2) engage in any activity or use any device or software that interferes with a user’s access to this Site or the proper operation of this Site; (3) engage in any conduct that may harm RxCare America or users of the Site or expose RxCare America to liability; (4) delete or revise any content or material on the Site; (5) take any action that could disable, overburden, damage or impair the Site; (6) allow any other person or entity to use your login credentials for posting, copying, extracting, downloading, viewing, transmitting, or receiving data of any kind; or (7) attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
USE OF PRODUCTS
By placing an order on or through the Site, you represent that the products ordered will be used only in a lawful manner.
GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed and construed in accordance with the laws of the state of Ohio, excluding its conflict of law rules. No laws of any foreign jurisdiction shall apply to these Terms of Use or be binding on us. Any dispute, claim, action or proceeding arising out of or related to the Site or these Terms of Use, or the interpretation or enforcement hereof, whether at law or in equity, shall be brought only in the state courts located in Cleveland, Ohio.
EMAIL COMMUNICATIONS
RxCare America may contact you via email to:
* Respond to any questions you may send us, * Send you-email communications about information we think you will find useful – including announcements about new products and services at this Site, or * Communicate other information as necessary to administer this Site. Please note that when you contact us by email, such communication may not be entirely secure because it travels over unsecured communication lines. As a result, you should not provide us with confidential or personal information via email.
WAIVER
Any waiver by RxCare America must be express and in writing, must be directed specifically by RxCare America to you, and must be signed by a duly authorized representative of RxCare America. RxCare America’s failure to enforce any provision of these Terms of Use or to respond to a breach by you or third parties shall not in any way limit or waive its right to do so, including without limitation its right to enforce subsequently any provision of these Terms of Use, or to assert its rights with respect to the same or similar breaches.
SEVERABILITY
If any portion of these Terms of Use or the Privacy Policy is held invalid or unenforceable under applicable law, that portion shall be construed in a manner consistent with applicable law to accomplish, as nearly as possible, the objective thereof, or severed from the document if and solely to the limited extent such construction is not possible, and the remaining portion of these Terms of Use and the Privacy Policy shall remain in full force and effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, these Terms of Use and the Privacy Policy incorporated herein constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understandings, whether written or oral, concerning the subject matter hereof. Any conflicting or supplementary terms proposed by you in any e-mail or other communication shall not be binding on us and are hereby objected to and expressly rejected.
TERMINATION
RxCare America in its sole discretion, reserves the right to terminate your use of this Site at any time and without notice to you.
CANCELLATION
If a Member is not satisfied with the Program and wishes to terminate their membership, the Member may cancel the membership for any reason and at any time during the membership period by notifying RxCare America verbally or in writing. Membership in the Program will terminate at the end of the Membership Term following the date on which notice of cancellation is received. Membership fees will cease being collected no later than 30 days after receiving a valid cancellation notice.