Last revised August 19, 2022
RxDefine is not a medical group. RxDefine does not provide medical advice or care. Information communicated to you through our Digital Services is not a substitute for a discussion with a licensed medical practitioner and should never be applied or interpreted as medical advice or any form of personal treatment plan.
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 any robot exclusion headers or other measures we may use to prevent or restrict access to the Digital Services.
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 (as described above) thereon. It is possible that the Digital Services could include disputed or incorrect Content, 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 update or correct any inaccuracies or errors and any other information on the Digital Services, including any Content, without notice. Additionally, RxDefine shall have no responsibility or liability for information or Content posted to the Digital Services from any third party or person other than RxDefine and its legal affiliates
The content of the Digital Services, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is for educational and informational purposes only and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind. Product coverage and availability information, including but not limited to statements of formulary coverage, dispensary availability, or eligibility of financial assistance is provided also and solely on a non-personalized basis. Always seek the advice of your Clinician, or other qualified heath care professionals, with any questions or concerns you may have regarding your individual healthcare needs and any medical conditions. RxDefine does not recommend or endorse any specific Clinicians, tests, products, procedures, opinions, or other information that may be included on, referenced by, or accessible through the Digital Services.
Reliance on any Content or information appearing on the Digital Services, whether provided by RxDefine, its Content providers, its customers, other users of the Digital Services or others, including affiliates of any of the foregoing, is solely at your own risk.
RxDefine makes no representations whatsoever about any other website, application, or service, or any related content or information, that you may access through these Digital Services (“Third Party Services”). When you access a non-RxDefine website, application or service, including Telehealth Services (as defined below) and/or any other Third Party Services, please understand that it is independent from RxDefine, and that RxDefine has no control over the Third Party Service, including its accuracy or the security or privacy practices of the parties that make such Third Party Service available to you. In addition, a link or other connection or transfer to any Third Party Service does not mean that RxDefine endorses or accepts any responsibility for such Third Party Service or its use. It is up to you to take precautions to ensure that whatever you select for your further engagement or use is appropriate for you. If you decide to access any Third Party Service linked to or accessible through these Digital Services, you do this entirely at your own risk.
You agree to: (a) provide true, accurate, current, and complete information when using the Digital Services at all times, including when registering and establishing your account (“User Information”) and (b) to the extent you maintain a user account with RxDefine, maintain and promptly update your User Information to keep it true, accurate, current, and complete. Without limiting RxDefine’s rights to terminate your account or the Digital Services at its discretion, if you provide any User Information or other 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.
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. THE DIGITAL SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE DIGITAL SERVICES, ARE 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 CONTENT OR INFORMATION OBTAINED THROUGH THE DIGITAL SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE DIGITAL SERVICES AND RELATED SERVICES, INCLUDING CONTENT 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 THROUGH RXDEFINE ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RxDefine is not a medical group. RxDefine does not provide medical advice or care. Without limiting the foregoing, by using the Digital Services you acknowledge and agree that RxDefine and its personnel, including Navigators (as defined below), will not (a) be under any obligation to provide you with any medical advice, (b) be deemed to have entered into a patient relationship (e.g., doctor-patient, nurse-patient) with you or any other person, or (c) have any responsibility for your medical or clinical treatment or care, including the creation, establishment, modification, or oversight of any medical practices, diagnosis, treatment recommendations, prescribing, or independent medical decision-making of any kind, whether telemedicine, in-person, or via any other delivery mechanism. You further acknowledge agree that by interacting with the Digital Services there is no guarantee that you will be issued a prescription, whether in general or for a specific drug, device, or other product, or receive or be prescribed any other specified diagnosis, medicine, product, or other course of treatment or care. Additionally, you acknowledge and understand that information shared through our Digital Services such as formulary coverage status or eligibility criteria for financial support is delivered in a non-personal way and is not an explicit statement or expectation of suitability to your or any other individual’s specific healthcare circumstances. Your interaction with the Digital Services is not intended to take the place of your relationship with your own Clinicians, including your regular healthcare practitioners or primary care physician, and you are responsible for discussing and agreeing on all health and medical care decisions with your own Clinician, which shall not include RxDefine or any of its personnel. RxDefine does not make any representations or warranties about the training or skills of any individual who delivers Content, information, or services via the Digital Services.
Certain elements of the Digital Services may be provided, in RxDefine’s sole discretion, by RxDefine personnel, including employees, contractors, service providers, and agents, who hold former or current medical qualifications (e.g., MD, RN). Whether qualified as a medical professional or not, in no event shall any navigator or other individual acting on behalf of RxDefine act as a Clinician, whether to you or any other person, or enter into or be deemed to be enter into a patient relationship with, or otherwise provide any form of clinical or medical advice, to you or to any other person, whether directly or indirectly. As part of the Digital Services, such individuals may provide general and/or personalized “navigation” or similar services (“Navigation Services”) to users of the Digital Services, including you. RxDefine personnel providing Navigation Services (“Navigators”) are limited to educating on the product indications, disease state information, and other topics for which they are trained to support. Navigators do not provide medical advice nor do they advise on any other element of a personalized healthcare arrangement. Navigators do not work under the direction of any institution or medical provider with whom you may interact. Navigators may not be licensed to practice nursing in your state of residence. The Navigator Service is not an emergency service and cannot assist you in an emergency. In the event of an emergency please dial 911 immediately.
RxDefine works with companies in the pharmaceutical, life sciences, healthcare and related industries to make information regarding our clients’ and their partners’ specific products and services available to you through the Digital Services. These arrangements typically include a financial relationship between RxDefine and its client through which RxDefine is compensated for the services it provides, including making the Digital Services available to you.
RxDefine also partners with providers of Telehealth Services (as defined below) and maintains a financial relationship with these providers as well.
RxDefine is not compensated based on the specific clinical decisions that you or any other individual do or do not take with respect to your or their personal healthcare.
Telehealth or telemedicine 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 (collectively, “Telehealth Services”). The Digital Services may offer the opportunity to receive Telehealth Services as a Third Party Service (i.e., a service that is not provided by RxDefine), including online medical consultations for persons or their caregivers with respect to certain medical conditions.
If you elect to proceed with Telehealth Services, a licensed Clinician not affiliated with RxDefine will conduct any medical consultation scheduled in connection therewith, including to evaluate whether there is a particular product appropriate to treat your condition. RxDefine does not determine whether or if you may receive a prescription for or other access to any particular product; all prescribing is based solely on the independent medical decision making of your Clinician. There is no guarantee you will receive a prescription.
You agree that you will use any Telehealth Services only for lawful purposes, including, without limitation, that (a) you will provide truthful and accurate information, including in response to Telehealth Services questionnaires, including any questions asked of you by a Clinician; (b) any prescriptions or other products or services you obtain as a result of your use of such Telehealth Services are for your personal use (or the use of an individual for whom you are an authorized caregiver and where you have disclosed such caregiver relationship); and (c) you will fully and carefully read all provided product information and labels and to contact an appropriate Clinician, such as your physician or a pharmacist, if you have any questions regarding the prescription or other product or service.
Our Digital Services are intended for general audiences and are not directed at children and may be accessed and used only by individuals who are able to form legally binding contracts under applicable law of their jurisdiction. In addition, the Digital Services may only be accessed by residents of the United States.
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.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, RXDEFINE AND ANY THIRD PARTIES MENTIONED OR REFERENCED ON OR INCLUDED IN THESE DIGITAL SERVICES, INCLUDING RXDEFINE’S CLIENTS, CUSTOMERS AND THE PROVIDERS OF ANY THIRD PARTY 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, ANY RELATED OR INCLUDED CONTENT OR INFORMATION, AND/OR ANY THIRD PARTY SERVICE, ARISING IN CONNECTION WITH YOUR OR ANY OTHER PERSON’S USE OF THE DIGITAL SERVICES, AND 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, ANY RELATED OR INCLUDED CONTENT OR INFORMATION, AND/OR ANY THIRD PARTY SERVICE IS TO STOP USING THE SAME. 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, ANY RELATED OR INCLUDED CONTENT OR INFORMATION, AND/OR ANY THIRD PARTY SERVICE IS $500 (FIVE HUNDRED DOLLARS).
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We will try to work in good faith to resolve any issue you have with or arising out of the Digital Services, if you bring that issue to the attention by contacting us at email@example.com. However, we realize that there may be rare cases where we may not be able to resolve an issue to a user’s satisfaction.
The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section 13 while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.
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. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. 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.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: firstname.lastname@example.org. The notice must be sent within 30 days of August 19, 2022 or your first use of the Digital Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section 13. If you opt-out of these arbitration provisions, RxDefine also will not be bound by them.
RxDefine will provide 30 days’ notice of any changes affecting the substance of this Section 13. Changes will become effective on the 30th day. If you continue to use the Digital Services after the 30th day, you agree that any unfiled claims of which RxDefine does not have actual notice are subject to the revised clause.
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.
We pride ourselves on ethically empowering people like you to navigate their health. If you see or suspect any unethical or illegal activity of any kind in connection with the Digital Services we would appreciate it if you would report it to us immediately so that we may promptly investigate. Please contact us at email@example.com.