Last revised April 12th 2021
- Ownership of the Digital Services
- Access to Digital Services, Security and Restrictions; Passwords
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Digital Services, deep-link to any feature or content on the Digital Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.
Violations of system or network security may result in civil or criminal liability. RxDefine will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of these Digital Services or any activity being conducted on these Digital Services.
- Accuracy and Integrity of Information; Colors
Although RxDefine attempts to ensure the integrity and accuracy of the Digital Services, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Digital Services and Content thereon. It is possible that the Digital Services could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Digital Services by third parties. In the event that an inaccuracy arises, please inform RxDefine so that it can be corrected. RxDefine reserves the right to unilaterally correct any inaccuracies on the Digital Services without notice. Information contained on the Digital Services may be changed or updated without notice. Additionally, RxDefine shall have no responsibility or liability for information or Content posted to the Digital Services from any non-RxDefine affiliated third party.
We have made significant efforts to accurately display the colors of our products that appear on the Digital Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
- Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for a product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit or debit card account in the amount of the incorrect price.
- Account Set-Up.
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Digital Services and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or RxDefine has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, RxDefine may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
- Order Acceptance
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
- Quantity Limits and Dealer Sales
- Online Payments
You can purchase products and/or services on the Digital Services. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, RxDefine may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
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.
- Links to Other Sites
RxDefine makes no representations whatsoever about any other website that you may access through these Digital Services. When you access a non-RxDefine website, please understand that it is independent from RxDefine, and that RxDefine has no control over the content on that website. In addition, a link to a non-RxDefine website does not mean that RxDefine endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to these Digital Services, you do this entirely at your own risk.
- Disclaimer of Warranties
RXDEFINE DOES NOT WARRANT THAT ACCESS TO OR USE OF THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE DIGITAL SERVICES WILL BE CORRECTED. THESE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. RXDEFINE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THESE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND LINKED WEBSITES. RXDEFINE DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY RXDEFINE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
- Provider Directory.
RxDefine is providing this service to help patients find medical providers in their area or through a telehealth visit. Medical providers offering their services through a telehealth encounter on the RxDefine platform, pay a fixed fee to utilize the RxDefine platform. No fees have been received by or paid to the medical providers for inclusion in this provider locator directory. Inclusion of a medical provider in this directory does not represent an endorsement or recommendation from RxDefine or any pharmaceutical company or manufacturer that has partnered with RxDefine to offer these services. There is no guarantee that by selecting a medical provider from this provider directory, you will receive a prescription. The choice of a medical provider is ultimately your choice and you should consider this choice carefully.
- No Medical Advice.
The Providers are independent of RxDefine and are merely using the Digital Services as a way to communicate with you. Any information or advice received from a Provider comes from them alone, and not from RxDefine. Your interactions with a Provider via the Digital Services is not intended to take the place of your relationship with your regular health care practitioners or primary care physician. Neither RxDefine, nor any of its subsidiaries or affiliates or any third party who may promote the Digital Services or provide a link to the services, shall be liable for any professional advice obtained from a Provider via the Digital Services, nor any information obtained on the Digital Services. RxDefine does not make any representations or warranties about the training or skills of any Providers who deliver services via the Digital Services. You will be provided with available Providers based solely on the information you submit to the Digital Services. You are ultimately responsible for choosing your particular Provider.
The content of the Digital Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always seek the advice of your qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. RxDefine does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be included on the Digital Services. Reliance on any information appearing on the Digital Services, whether provided by RxDefine, its content providers, its clients, visitors to the Digital Services or others, is solely at your own risk.
Our website offers the opportunity to receive online medical consults for persons who may be experiencing certain medical conditions. A licensed medical provider, not affiliated with RxDefine, will conduct any medical consult scheduled through our Website. The licensed medical provider will conduct a medical evaluation to determine whether a prescription is appropriate to treat the symptoms you are experiencing. All prescribing based solely on the independent medical decision making of your medical provider. There is no guarantee you will receive a prescription. RxDefine has partnered with various pharmaceutical companies to make information regarding specific products available to you through this Website. The arrangement includes a financial relationship with RxDefine and the pharmaceutical companies. All medical providers work for independent physician-owned medical practices. The medical providers do not have a financial relationship with RxDefine, and are compensated based solely on their personally performed services. The medical provider’s compensation is the same whether or not a prescription is issued, and regardless of what pharmacy you select to dispense the prescription.
Our Website offers the ability for you to connect with an Ambassador. Ambassadors are provided by RxDefine and do not work under the direction of your medical provider or any medical provider you may interact with through a telehealth consultation on the RxDefine platform or elsewhere. Ambassadors do not provide medical or treatment advice. Ambassadors are trained to direct patients to their health care provider for treatment-related advice, including further referrals.
Not for Emergencies
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.
RxDefine’s Digital Services are not for medical emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears or does not appear on the Digital Services. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or medication.
Risks of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology, or other means between a healthcare provider and a patient who is not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person health care in all cases. In order to use the telehealth services, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Providers through the Digital Services. You agree that RxDefine is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
You will not be able to obtain a prescription product unless you have completed a consultation with one of the Providers through the Digital Services, the Provider has determined the prescription product is appropriate for you, and the Provider has written a prescription.
You agree that any prescriptions that you acquire from a Provider will be solely for your personal use. You agree to fully and carefully read all provided product information and labels and to contact a physician or pharmacist if you have any questions regarding the prescription. RxDefine fully honors patient freedom of choice and, if you receive a prescription for a medication, you always have the option to instruct your Provider to transmit that prescription to the pharmacy of your choice.
Not an Insurance Product
RxDefine is not an insurer. The services provided by and through the Digital Services are not insurance products. If you desire any type of health or other insurance, you will need to purchase such insurance separately.
- Limitation of Liability Regarding Use of Digital Services
RXDEFINE AND ANY THIRD PARTIES MENTIONED ON THESE DIGITAL SERVICES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE DIGITAL SERVICES, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE DIGITAL SERVICES, DIGITAL SERVICES-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE DIGITAL SERVICES AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF RXDEFINE TO YOU WITH RESPECT TO YOUR USE OF THESE DIGITAL SERVICES IS $500 (FIVE HUNDRED DOLLARS).
- Dispute Resolution; Arbitration Agreement.
We will try to work in good faith to resolve any issue you have with the Digital Services, including products and services ordered or purchased through the Digital Services, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.
YOU AND RXDEFINE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and RxDefine agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- Consent to Receive Calls and Text Messages.
By providing your mobile number, you are agreeing to be contacted by or on behalf of RxDefine at the mobile number you have provided, including calls and text messages, to receive informational, product or service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Digital Services. Message and data rates may apply. To stop receiving text messages text a reply to us with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Digital Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your services.
- CAN-SPAM Act and Telephone Consumer Protection Act Compliance
RxDefine is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 14, above (Consent to Receive Calls and Text Messages and Video Recordings). E-mails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an e-mail or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at firstname.lastname@example.org.
- Electronic Communications
When you use the Digital Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. RxDefine may contact you by telephone, mail, or e-mail to verify your information. RxDefine may request further information from you and you agree to provide such further information to ensure that you have not fraudulently used the Digital Services. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of our Digital Services until you provide the information to us as requested.
- Force Majeure
- External Services.
The Digital Services may enable access to RxDefine’s and/or third-party services and websites, including social media sites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. RxDefine is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the Digital Services or External Service, including but not limited to financial, medical, and location information, is for general informational purposes only and is not guaranteed by RxDefine or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that infringes the intellectual property rights of RxDefine or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten, or defame any person or entity, and that RxDefine is not responsible for any such use. External Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. RxDefine reserves the right to change, suspend, remove, disable, or impose access restrictions or limits on any External Services at any time without notice or liability to you.
- Revisions; General
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