DO NOT USE THE SERVICES IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY. In an emergent situation,
please call 911, contact your doctor, go to the nearest emergency room, or contact your local
crisis center.
MANDATORY ARBITRATION NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION
14 THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT
YOU AND REMOTE PHARMACY ARE EACH GIVING UP RIGHTS TO BRING CLAIMS AGAINST EACH OTHER IN COURT OR IN
CLASS ACTIONS OF ANY KIND.
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: WHILE THERE ARE IMPORTANT POINTS THROUGHOUT
THESE TERMS, PLEASE NOTE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS ON OUR LIABILITY ARE EXPLAINED
IN SECTIONS 12 AND 13.
These Terms of Service (“Terms”) apply to your use of the Remote Pharmacy website and web application
available at www.RemotePharmacy.com (“Sites”) and any affiliated mobile application (collectively, the
“Services”) provided by Remote Pharmacy LLC (“Remote Pharmacy,” “we,” “us,” or “our”). The terms “you”
and “your” refer to the person using the Services.
Please read these Terms carefully. By clicking “I accept”, “I agree”, or similar when the option is
presented to you, or by accessing or using the Services, you acknowledge and agree to these Terms. You
further understand and acknowledge that your access to or use of certain parts of the Services may be
subject to additional or supplementary terms that will be made available to you through the Services.
If you are accessing and using the Services on someone else’s behalf, you represent that you have the
authority to bind that person as the principal to all Terms provided herein, and to the extent you do
not have such authority you agree to be bound to these Terms and to accept liability for harm caused
by any wrongful use of any Services resulting from such access or use.
If you do not or cannot agree to these Terms, you may not use the Services.
Your Relationship with Remote Pharmacy. REMOTE PHARMACY IS NOT A HEALTHCARE PROVIDER AND DOES
NOT PRACTICE MEDICINE OR DIRECTLY PROVIDE PHARMACY SERVICES. Remote Pharmacy provides a technology
platform for registered users to access certain products and services sold or offered by Remote
Pharmacy or by third-party medical providers, pharmacies, or other vendors via our Services. The
Services provide access to one or more independent, third-party medical groups who provide healthcare
and/or mental health services through the Services (the “Medical Groups”). For the time being, the
only Medical Group(s) we engage are: Beluga Health, P.A.. These Medical Groups employ or contract with
physicians and other professionals who offer certain healthcare services through the Services
(“Providers”). The Services also provide access to prescription fulfillment services offered by one or
more independent, third-party pharmacies (the “Pharmacies”, and together with the Providers and the
Medical Groups, the “Third-Party Providers”). For a current listing of Pharmacies who provide
prescription fulfillment services through the Services, please visit HERE. You understand that by
coordinating and consulting with a Third-Party Provider through the Services, you are not entering
into a provider-patient relationship with Remote Pharmacy, but you are establishing a direct customer
relationship with Remote Pharmacy to use the Services.
By accepting these Terms, you acknowledge and agree that (a) Remote Pharmacy is not responsible for,
and you will not hold Remote Pharmacy liable for, any services you receive from the Third-Party
Providers, (b) any services you receive from Third-Party Providers through the Services are also
subject to these Terms, and that the Third-Party Providers are third party beneficiaries of these
Terms, (c) Remote Pharmacy does not control or interfere with the practice of medicine or
mental
health care by the Medical Groups or any Providers or any professional services provided by the
Pharmacies, and the Third-Party Providers are solely responsible for directing the medical care,
mental health care, treatment, and/or other professional services they provide to you, and (d) the
Medical Groups and/or Providers may send you messages, reports, and emails via the Services regarding
your diagnosis or treatment, it is your sole responsibility to monitor and respond to these messages,
reports, and emails, and Remote Pharmacy, the Medical Groups, and the Providers are not responsible
for, and you agree not to hold Remote Pharmacy, the Medical Groups, or the Provider liable for, any
loss, injury, or claim of any kind resulting from your failure to read or respond to these messages or
comply with any treatment recommendations or instructions from the Medical Group or the Providers. The
decision to focus on diagnosis, treatment recommendations, or both, rests with you and your healthcare
provider.
Except for communications related to your specific health and wellness that you received from a
Provider, THE INFORMATION AND OTHER CONTENT AVAILABLE ON OR THROUGH THE SERVICES IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR
TREATMENT. YOU SHOULD ALWAYS CONSULT WITH YOUR HEALTHCARE PROVIDER REGARDING QUESTIONS YOU HAVE ABOUT
ANY MEDICAL CONDITION BEFORE MAKING HEALTHCARE DECISIONS.
Overview of the Services. The Services may include (i) providing individuals with information
on healthcare and wellness; (ii) providing individuals with access to technology-oriented tools for
addressing certain health issues; (iii) development and gathering of healthcare records and healthcare
information for a Provider, with retention of the same for use in healthcare provider appointments and
communications; (iv) administrative support in connection with scheduling and payment for healthcare
services; (v) telecommunications support for using the Services as a means of direct access to a
Provider for communication, consultations, assessments, and treatment by such Provider; and (vi)
providing individuals with prescription fulfillment services and other opportunities to purchase
products or services.
Prescription Fulfillment Services. Certain products made accessible to you by Providers through
the Services require a valid prescription by a licensed healthcare provider. You will not be able to
obtain a prescription product through the Services unless you have completed a consultation with one
of the Providers, the Provider has determined the prescription product is appropriate for you, and the
Provider has written a prescription.
Certain prescriptions can be filled through one of the Pharmacies by using the Services, or you may
request that your prescription be sent to the pharmacy of your choice by emailing your request to [email protected]. Prescriptions
may be transferred among the Pharmacies without notice. You authorize us to send and disclose all
information provided by you, healthcare records, and other applicable health care information and
personal information (such as your name, location and demographic information) to the applicable
Pharmacy or the pharmacy of your choice so that you may receive pharmacy services. If you fill a
prescription with a pharmacy other than the Pharmacies, the Services will send the prescription to
your selected pharmacy, but you will be responsible for picking up or otherwise obtaining the
prescription product and paying the pharmacy directly for the cost of the prescription product, and
your Subscription Services fee will not include the cost of medication and pharmacy fulfillment.
Choosing a pharmacy other than the Pharmacies is at your own risk, and Remote Pharmacy will not be
liable to you in any way, either directly or indirectly for any claim, errors, damage, loss, or
incorrect content caused by or in connection with your election to fill a prescription with such a
pharmacy. If you later transfer your prescription from a local pharmacy to the Pharmacies, the cost of
medication and pharmacy fulfillment will be added to your Subscription Services fee at the beginning
of the next billing cycle.
Not all prescriptions fulfilled by the Pharmacies use child-resistant packaging and your prescription
product may not be dispensed in a child-resistant container.
Availability. Certain Services are only available to individuals located in certain states. You
will be provided with notice of such limitations on availability of certain Services in your location
when using those parts of the Services. We provide the Services for use only by persons located in the
United States. We make no claims or representations that the Services or any material included in 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 at your own risk and you are solely responsible for compliance with local laws,
including export laws as applicable. You acknowledge and agree that: (1) all or any part of the
Services may be unavailable at any time, for any period, or for any reason; and (2) Remote Pharmacy LLC
will not be liable to you if, for any reason, all or any part of the Sites are unavailable at any time
or for any period.
To the extent that the Services includes the use of a mobile app (“App”), you acknowledge that the App
is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating
system. Using the App on a mobile phone with a modified operating system may undermine security
features that are intended to protect your protected health information from unauthorized or
unintended disclosure. As a result, you may compromise your protected health information if you use
the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified
operating system is a material breach of these Terms.
Eligibility; Representations and Warranties. The Services are offered and available to users
who are 18 years of age or older. If you are not 18 years of age or older, you must not access or use
the Services.
As a condition to using or accessing the Services, you represent and warrant that:
You acknowledge that satisfying the age requirement and the conditions for services above does not
guarantee that you will receive access to the Services and that Remote Pharmacy or a Third-Party
Provider may establish other eligibility requirements.
Updates to these Terms. We are constantly changing and improving our Services. We reserve the
right to add or remove functionalities, content, or features, and we may suspend or stop the Services
altogether with or without notice to you. We also reserve the right, at any time in our sole
discretion, to modify these Terms, including changes to requirements for receiving services from us or
any Third-Party Provider. We will inform you of any changes to these Terms by any reasonable means,
including by posting those changes on the Services. Any modifications will be effective immediately
upon posting on the Services. By continuing to use the Services after we post revised Terms to the
Services, you will be deemed to have accept the revised Terms. The “Last Updated” legend at the
beginning of
these Terms indicates the date on which the Terms were last updated.
Privacy. Please review our Privacy Notice at RemotePharmacy.com/privacy-policy.php for information about how we collect, use,
and disclose your personal information.
Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use other parts of the Services. If you create an account, you agree to provide information that is current, accurate, and complete, and to maintain and update such information. If you do not provide and keep such information updated, or Remote Pharmacy has reasonable grounds to suspect as much, Remote Pharmacy has the right to suspend or terminate your account and your use of the Services. You agree to keep your username and password confidential. You may not transfer or share your password with anyone or create more than one account. You may not use anyone else’s account at any time. You are responsible for changing your password promptly if you think it has been compromised. You also agree to immediately notify Remote Pharmacy of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Remote Pharmacy at [email protected]. You are responsible for all activities that occur under your account. Remote Pharmacy may take any and all actions it deems necessary or reasonable to maintain the security of the Services.
By creating an account and providing your phone number and email address, you consent to receive
electronic communications from Remote Pharmacy and the Third-Party Providers (e.g., via email to the
email address you provide, text message to a mobile phone number you provide, or by posting notices to
the Services).
By opting-in to receive text (SMS) messages from Remote Pharmacy or by sending Remote Pharmacy an
initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your
Remote Pharmacy account and use of the Sites and Services. These text messages may include order
confirmations, shipping notifications, messages from your healthcare provider, and other transactional
messages, as well as promotional and marketing notifications, to the extent you have opted-in to
receive such messages from Remote Pharmacy.
With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user
of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to
approve any applicable charges in connection with the text messages you send to and receive from
Remote Pharmacy, (3) you will be responsible for all messaging and other data charges that may apply
for any text messages sent to you from Remote Pharmacy, or from you to Remote Pharmacy, and (4)
neither Remote Pharmacy LLC , nor your or Remote Pharmacy’s mobile carriers, will be liable for
delayed or undelivered messages.
Note that access to the Services and the Sites is not conditioned upon your consent to receive
marketing or promotional text messages from Remote Pharmacy, and you can opt-out of any of Remote
Pharmacy’s SMS services at any time by texting “STOP” to the message received, from the mobile device
that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may
send you one final text message to confirm that you have been unsubscribed. If you have opted-in to
receive more than one type of text message from Remote Pharmacy, you will need to opt-out of each
Remote Pharmacy SMS service to which you are subscribed. Until you have done so, you may continue to
receive the types of text messages from Remote Pharmacy that you have opted-in to receive but have not
unsubscribed from.
You also understand that while Remote Pharmacy LLC takes your privacy and the security of your health
and other sensitive information very seriously, the transmission of information over the internet and
mobile networks may not be fully secure. Text messages and emails that you send to or receive from
Remote Pharmacy LLC are not encrypted, which means that it is possible they may be intercepted by
third parties. If you choose to send or receive information about your health or any other sensitive
information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you
consent to sending text messages to Remote Pharmacy LLC , and receiving text messages from Remote
Pharmacy LLC , that are not encrypted. Likewise, by emailing Remote Pharmacy LLC or giving Remote
Pharmacy LLC your email, you consent to receiving unencrypted emails messages from Remote Pharmacy
LLC.
If you are experiencing any issues with Remote Pharmacy’s text messaging or email services, or if you
have any concerns about sending or receiving any sensitive information through text or email, please
contact us directly at [email protected]. If you have questions specific to your text or data
plan, please contact your wireless provider.
You agree that any notices, agreements, disclosures, or other communications that we or the
Third-Party Provider send to you electronically will satisfy any legal communication requirements,
including that such communications be in writing, and you consent and agree that your use of your
finger, a keypad, mouse, or other device to select an item, button, icon, or similar act while using
the Services, or in accessing or making any transactions regarding any agreement, acknowledgment,
consent, terms, disclosures, or conditions, constitutes your signature, acceptance, and agreement as
if actually signed by you in writing. You should maintain copies of electronic communications from us
by printing a paper copy, saving an electronic copy, or both. Further, you agree that no certification
authority or other third-party verification is necessary to establish the validity of your electronic
signature, and that the lack of such certification or third-party verification will not affect the
enforceability of your signature or any resulting contract between you and us.
Notice of Financial Responsibility. Remote Pharmacy does not accept commercial health insurance
plans and is not enrolled with federal or state health care programs, such as Medicare and
Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and
services on a cash-pay basis outside of any commercial health insurance plan or federal or state
health care program, and you are solely responsible for the costs of any services or products
provided to you through the Services. If you are a federal health program beneficiary, you
agree that neither you, we, nor any of the Third-Party Providers will submit a claim for reimbursement
to any federal or state healthcare program for the costs of the services and products provided to you
through the Services.
Payments. You agree to pay all fees, including any fees that we collect on behalf of the
Third-Party Providers, pursuant to any additional payment terms presented to you when engaging in
transactions through the Services. Prices are subject to change at any point in our sole discretion.
When you make a purchase, you may be asked to supply certain information relevant to the transaction,
including, without limitation, your payment card number and expiration date, your billing address,
your shipping address, your phone number and/or your email address. By entering your payment and other
information and submitting your request, you authorize us, our affiliates, or our third-party payment
processors to charge the amount due, including recurring subscription fees associated with
Subscription Services (as defined below). You are responsible for keeping your payment information
(such as credit card number and billing address) accurate and up to date at all times. If your credit
card expires or Remote Pharmacy, our affiliates, or our third-party payment processors are unable to
process your payment, you may receive notice for you to provide an alternative payment method.
All payment transactions on or through the Services occur through online payment processing
applications provided by Remote Pharmacy’s third-party online payment processing vendors.
Prescription Products. If you complete a consultation with a Provider and fill a prescription
through one of the Pharmacies, the prescription product is dispended and shipped to you by the
applicable Pharmacy and the costs associated with the prescription are included in the total charged
to you through the Services.
Subscription Services. Certain products or services offered on the Services may be offered on a
subscription basis that renews automatically (“Subscription Services”). If you purchase a Subscription
Service, you will only see and be required to pay a single “total” subscription price. However, if a
Subscription Service requires a consultation with a Provider, includes a prescription product that you
fill through one of the Pharmacies, then the total price you pay includes the amounts charged for use
of the Services and any amounts charged by the Pharmacy for the prescription and the Medical Group for
the services of the Provider, as applicable, which we collect on behalf of and pay to the Pharmacies
and Medical Groups respectively.
FOR SUBSCRIPTION SERVICES, YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED AT REGULAR INTERVALS AS
DESCRIBED DURING THE CHECKOUT PROCESS FOR THE APPLICABLE SUBSCRIPTION SERVICES. YOU MAY CANCEL A
SUBSCRIPTION AT ANY TIME, AND THE CANCELLATION WILL TAKE EFFECT THE DAY AFTER THE LAST DAY OF YOUR
CURRENT SUBSCRIPTION PERIOD. Remote Pharmacy may make changes to recurring subscription fees
associated with the Subscription Services from time to time. Price changes will take effect at the
start of the next subscription period following the date of the price change and, by continuing to use
the Services after the price change takes effect, you will have accepted the new price. If you do not
agree to a price change, you can reject the change by canceling your Subscription Service prior to the
price change going into effect.
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental
taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through the
Services. We will present an estimate of Taxes we collect at checkout, except where we have clearly
stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the
amount shown at checkout. We will collect applicable Taxes if we determine we have a duty to collect
Taxes, but we are not required to, and do not, collect Taxes in all states. You may have a duty to
directly report and pay Taxes if we do not collect such Taxes.
Terms of Sale. All products and services offered through the Services by Remote Pharmacy or
Third-Party Providers are subject to availability and we reserve the right to impose quantity limits
on any order or reject all or any part of an order without prior notice. In the event of an error, we
reserve the right to correct the error and revise your order accordingly (which includes charging the
correct price) or to cancel the order and refund any amount charged. Prices for products are subject
to change at any time.
If you use the Services to purchase services, devices, items or products manufactured, distributed or
sold by Third-Party Providers or other third parties (“Third-Party Goods and Services”), you
acknowledge and agree that your use of any Third-Party Goods and Services and any interactions with
providers of Third-Party Goods and Services, including in certain cases payment and delivery of goods
or services, and any other terms, conditions, warranties or representations associated with such use
or interactions, are solely between you and such providers of Third-Party Goods and Services. Certain
of Remote Pharmacy’s shareholders, directors, officers, employees, contractors or agents may have a
financial interest in one or more providers of Third-Party Goods and Services and may profit from your
use of such providers and/or the sale of Third-Party Goods and Services to you.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We
reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to
time, but we will provide notice of the changes applicable to you before you make your purchase. Any
delivery dates or times shown as part of the checkout process are estimates only and are not
guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product
pass to you upon delivery of the product to the designated carrier.
YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE
SERVICES, ALL SALES ARE FINAL AND ANY APPLICABLE FEES AND OTHER CHARGES, INCLUDING FEES FOR
SUBSCRIPTION SERVICES, ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO
YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
We reserve the right to remedy customer issues and concerns on a case-by-case basis based on the facts
and circumstances of each customer.
Ownership. As between Remote Pharmacy and you, Remote Pharmacy is the sole and exclusive owner
of all right, title and interest in and to the Services and their content, features and functionality
(including, without limitation, all information, software, text, displays, images, video, audio,
design, selection, arrangement and look and feel) (the “Services Content”), and any associated
copyrights, patents, or other protected or unprotected intellectual property rights. You are not
permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative
works of, publicly display, publicly perform, republish, download, store, transmit, sell or
participate in any sale of, or exploit in any way, in whole or in part, any of the Services or
Services Content except as permitted by these Terms or otherwise by Remote Pharmacy expressly in
writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of
the Services or Services Content shall be owned solely and exclusively by Remote Pharmacy or its
licensors, including all intellectual property rights therein. You may not access or use for any
commercial purposes any part of the Services or Services Content.
Marks. Certain names, logos, and other materials displayed in and through the Services may
constitute trademarks, trade names, service marks or logos of Remote Pharmacy, its affiliates, or the
Third-Party Providers (“Marks”). You are not authorized to use any such Marks without the express
written permission of Remote Pharmacy. Ownership of all such Marks and the goodwill associated
therewith remains with us, our affiliates, or the Third-Party Providers.
Your License. Subject to your compliance with these Terms, we hereby grant to you a personal,
limited,
revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services
and Services Content solely for your personal and non-commercial use and only as permitted under these
Terms. No other right, title, or interest in or to the Services or Services Content is transferred to
you, and all rights not expressly granted are reserved by Remote Pharmacy or its licensors.
Third-Party Provider Data. The Services may allow you to upload, store and share content,
including data, notes, messages, text, and other materials in connection with your receipt of services
from Third-Party Providers (“Third-Party Provider Data”). We collect Third-Party Provider Data
on behalf of the Third-Party Provider with which you interact, and our rights in such Third-Party
Provider Data are subject to our agreement with the applicable Third-Party Provider. You are solely
responsible for any Third-Party Provider Data that you submit to the Services, including anyone’s
reliance on its quality, accuracy, or reliability.
User Content. The Services may allow you to upload, store and share content, including data,
notes, messages, text, and other materials to Remote Pharmacy and not in connection with your receipt
of services from Third-Party Providers (collectively, “User Content”). As between you and Remote
Pharmacy, you retain all rights in and to your User Content.
You hereby grant Remote Pharmacy a worldwide, royalty-free, non-exclusive, transferable, perpetual,
and irrevocable license to use, distribute, transmit, reproduce, modify, publish, translate, publicly
perform and display and create derivative works of your User Content, except as otherwise prohibited
by applicable law. You waive any right to compensation of any type for your User Content. You
represent and warrant that you have all the rights necessary to grant the rights in this section and
that use of your User Content by Remote Pharmacy does not violate any law.
Remote Pharmacy may, but is not obligated to, review your User Content and may delete or remove your
User Content (without notice) from any of the Services in its sole discretion. Removal of any of your
User Content from the Services (by you or Remote Pharmacy) does not impact any rights you granted in
your User Content under these Terms.
Feedback. If you provide any Feedback to Remote Pharmacy in connection with the Services, you
hereby grant to Remote Pharmacy a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual,
irrevocable, transferable and fully sublicensable (through multiple tiers) license to reproduce,
distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and
otherwise use, analyze and exploit such Feedback, in any format or media now known or hereafter
developed, and for any purpose. You acknowledge and agree that Feedback is not confidential, and that
Remote Pharmacy is free to use any Feedback for any purpose. “Feedback” means ideas, concepts,
feedback, and know-how that you make available to us in connection with the Services.
You agree that in using or accessing the Services, you will not, and will not attempt to:
We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Remote Pharmacy reserves the right to remove any content or any other material or information
available on or through our Services, at any time, for any reason. Remote Pharmacy otherwise complies
with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service
providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright
infringement. This section describes the procedure that should be followed to file a notification of
alleged copyright infringement with Remote Pharmacy.
Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or
material made available on or through our Services, you may submit a notification to our designated
agent at the following address:
Copyright Agent, 264 NE 61st Street, Miami, Florida, 33137 or [email protected]
Any notification to Remote Pharmacy under 17 U.S.C. § 512( c ) alleging copyright infringement must
include all of the following information:
The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“External Links”). Such External Links are not under our control, and we are not responsible for the information, products or services described by, or for the content or features of, any such External Links. We are providing these External Links to you only as a convenience, and the inclusion of any External Links does not necessarily imply endorsement of the External Links by us or any association with its operators. Your use of these External Links is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to the operators of any External Links.
The Terms will remain in full force and effect as long as you continue to access or use the Sites or
Services. You may terminate the Terms at any time by discontinuing use of the Sites. Your permission
to use the Sites automatically terminates if you violate these Terms.
Remote Pharmacy may terminate or suspend any of the rights granted by these Terms and your access to
and use of the Services with or without prior notice, for any reason, and at any time, including for
violations of these Terms. After such termination, Remote Pharmacy have no further obligation to
provide the Services. You agree that if your use of the Services is terminated pursuant to these, you
will not attempt to use the Services in any way, and further agree that if you violate this
restriction after such termination, you will indemnify and hold Remote Pharmacy harmless from any and
all liability that Remote Pharmacy LLC may incur therefore.
The following provisions, and any other provision which by its nature should survive termination, will
survive the expiration or termination of these Terms for any reason whatsoever: Ownership and License
to Use the Services; Third-Party Provider Data, User Content, and Feedback; Indemnification;
Disclaimer of Warranties; Limitation of Liability; Governing Law, Dispute Resolution, and Arbitration;
and Miscellaneous Terms.
You agree to indemnify, defend, and hold harmless Remote Pharmacy, its subsidiaries and affiliates, and all of their officers, directors, employees, contractors, agents, and licensors from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from: (i) your use of the Services, the Services Content, or other materials or features available on the Services, (ii) your User Content, (iii) your fraud, violation of law, negligence, or willful misconduct, or (iv) your breach of these Terms. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent.
THE SERVICES AND SERVICES CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REMOTE PHARMACY
AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS (INCLUDING THIRD-PARTY PROVIDERS), AND
EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND
AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM
ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES
INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY,
CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS,
TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE
NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD
PARTIES.
YOU ACKNOWLEDGE THAT ANY SERVICES CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE
SERVICES ARE USED AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REMOTE
PHARMACY NOR ANY OF ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE
ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES AND SERVICES CONTENT.
FURTHERMORE, REMOTE PHARMACY DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM
ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING,
MALWARE, OR OTHER SECURITY INTRUSION, AND REMOTE PHARMACY DISCLAIMS ANY LIABILITY RELATING THERETO.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE
SITES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL
AND/OR INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REMOTE PHARMACY OR ITS RELATED
PERSONS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY, OR OTHER INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES,
PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM
FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY
INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF
(OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF
OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF REMOTE PHARMACY OR RELATED PERSONS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
IN NO EVENT WILL REMOTE PHARMACY OR ITS RELATED PERSONS' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE
SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (2) $100.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for damages such as in this section. Accordingly, some of these limitations may not apply to
you in their entirety. If you are a resident of a U.S. state that permits the exclusion of these
warranties and liabilities, then the limitations in this section specifically do apply to you.
IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND REMOTE PHARMACY OR
ANY OF ITS RELATED PARTIES TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND
LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REMOTE PHARMACY OR ANY OF ITS RELATED PERSONS.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND REMOTE PHARMACY AND ITS
RELATED PERSONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A
CLASS ACTION.
Governing Law. These Terms and your use of the Services shall be governed by the laws of the
State of New York, without giving effect to the principles of conflict of laws. Subject to the
requirement to arbitrate set forth in this Section 14, exclusive jurisdiction for all disputes that do
not require arbitration will be the state and federal courts located in the State of New York, and you
consent to the jurisdiction of those courts.
Informal Dispute Resolution. You agree to first attempt to resolve any dispute, claim or
controversy (whether involving contract, tort, equitable, statutory, or any other legal theory) with
Remote Pharmacy or any of its Related Persons arising out of or relating to these Terms or the
Services (“Dispute”) informally by contacting [email protected] with a description of the Dispute. If we
cannot resolve
your Dispute informally within thirty (30) days, you and we each agree to a dispute resolution process
requiring individual arbitration as set forth in this section.
AGREEMENT TO ARBITRATE. You agree that any Disputes that you and Remote Pharmacy or any of its
Related Persons are unable to resolve informally will be settled by binding arbitration, except that
each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade
secrets, patents or other intellectual property rights. You will also have the right to litigate any
other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out
Notice”) by email at [email protected] or by regular mail to the address set forth in the
“Contact Information” section below within thirty (30) days following the date you first accept these
Terms, or if you have not registered for an account, then within thirty (30) days following the date
you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the
thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to
litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. Unless you timely
provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you and we are each
waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported
class action or representative proceeding. Further, unless you otherwise agree in writing, the
arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any
form of any class or representative proceeding. If a decision is issued stating that applicable law
precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to
arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a
given claim for relief, then that claim (and only that claim) must be severed from the arbitration and
brought in the state or federal courts located in New York, New York. All other claims will be
arbitrated.
Arbitration Rules. The arbitration will be administered by the American Arbitration Association
(“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for
Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Governing Law;
Dispute Resolution; and Arbitration” section. (The AAA Rules are available at https://www.adr.org/Rules.)
The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party
with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a
Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The
arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected
by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an
arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint
the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you agree with us otherwise, the arbitration will be
conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration
will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless
you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds
$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the
arbitrator will have the discretion to direct a reasonable exchange of information by the parties,
consistent with the expedited nature of the arbitration.
Arbitrators Decision. The arbitrator will render an award within the time frame specified in
the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon
which the arbitrator based the award. Judgment on the arbitration award may be entered in any court
having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of
the “Limitation of Liability” section above as to the types and amounts of damages for which a party
may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the claimant’s individual
claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses
to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have
under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be
solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we
will pay all such fees unless the arbitrator finds that either the substance of your claim or the
relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11( b )).
Changes. Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to [email protected]) within thirty (30) days of the date such change became effective, as the date first affixed above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.
No Class Actions. YOU AND REMOTE PHARMACY 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 Remote Pharmacy or an applicable Related
Person agree otherwise in writing, the arbitrator may not consolidate more than one person's claims
and may not otherwise preside over any form of a representative or class proceeding.
Severability. All parts of these Terms apply to the maximum extent permitted by law. Remote
Pharmacy and you both agree that if we cannot enforce a part of this contract as written, then that
part will be replaced with terms that most closely match the intent of the part we cannot enforce, to
the extent permitted by law. The invalidity of part of these Terms will not affect the validity and
enforceability of the remaining provisions. The section headings are for convenience only and do not
have any force or effect.
Notice. You may provide notice to us by emailing us at [email protected]. Any notice sent by you via email is deemed to be
delivered upon confirmation of receipt from us.
No waiver No waiver by Remote Pharmacy of any term or condition set forth in these Terms shall
be deemed a further or continuing waiver of such term or condition or a waiver of any other term or
condition, and any failure by Remote Pharmacy to assert a right or provision under these Terms shall
not constitute a waiver of such right or provision.
No agency relationship. Neither these Terms, nor any Services Content, materials or features of
the Services create any partnership, joint venture, employment, or other agency relationship between
us and you. You may not enter into any contract on our behalf or bind us in any way.
Remedies. You agree that any violation, or threatened violation, by you of these Terms
constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable
harm. You also agree that monetary damages would be inadequate for such harm and consent to our
obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are
in addition to any other remedies we may have at law or in equity.
Assignment. You may not assign any of your rights under these Terms, and any such attempt will
be null and void. Remote Pharmacy and its affiliates may, in their individual discretion, transfer,
without further consent or notification, all contractual rights and obligations pursuant to these
Terms if some or all of the business of Remote Pharmacy is transferred to another entity by way of
merger, sale of its assets, or otherwise.
Notice for California Users. If you are a California resident, you hereby waive California
Civil Code §1542, which says: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her settlement with
the debtor or released party.” This release includes the criminal acts of others.
Headings. The heading references herein are for convenience purposes only and shall not be
deemed to limit or affect any of the provisions hereof.
Entire Agreement. These terms are the entire agreement between you and Remote Pharmacy relating
to the Services and supersedes all previous communications, representations, understandings, and
agreements, either oral or written, between the parties with respect to said subject matter, excluding
any other agreements that you may have entered into with Remote Pharmacy.
If you have any questions about these Terms, please contact us at [email protected].