Last modified: May 2016
Until further notice, the Portal is being made available as a ‘beta’ release only and you acknowledge and agree that the Portal and your access thereto may be subject to certain delays, interruptions, modifications and/or errors, and that the authorization granted by us to you to use the Portal is temporary, non-transferable and subject to immediate suspension or termination, at our sole discretion. Because the Portal is being made available as a beta release only at this time, you acknowledge and agree that we may, from time to time, communicate with you to request your comments, feedback and suggestions to improve the Portal (“Suggestions”), and you hereby convey and assign to us all right, title and interest, including all proprietary rights, if any, in and to all such Suggestions.
As a Portal User, you may provide certain information through the Portal (for example, payment information) and we may collect certain information in connection with your use of the Portal and related applications and services (for example, traffic or usage data) which you hereby authorize us to store, copy, modify, distribute (including to third parties) and use in connection with our provision of the Portal and related applications and services and to develop new applications and services, provided that; any such information which is your personal Protected Health Information (“PHI”) shall be subject to the ExactCare Pharmacy HIPAA NOTICE OF PRIVACY PRACTICES (“HIPAA Notice”) that was previously provided to you and is available here: https://www.exactcarepharmacy.com/hipaa/. For the avoidance of doubt, your PHI and our use thereof will be governed by the HIPAA Notice and, except as expressly provided, not these Portal Terms.
While information provided to you through the Portal is intended to be accurate, in the event of any material difference between information provided to you through the Portal regarding any of your medications and that on the label of the bottle or package of such medication that we deliver to you, the latter should be considered authoritative. Please contact immediately in such event.
We may revise and update the Portal, software supporting the Portal and these Portal Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Portal thereafter. Your continued use of the Portal following the posting of revised Portal Terms means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes, as they are binding on you.
In providing the Portal, we may interact, communicate and share information with and rely on certain third parties that provide services in connection with and facilitating your use of the Portal. You acknowledge and agree that we have no liability or responsibility for information or services provided by or information that you provide to such third parties. To the extent that PHI is disclosed by us to any authorized third party providers, they will be bound to protect same by the terms of a Business Associate Agreement. However, your use or disclosure of your own PHI to any third party is undertaken at your own discretion and risk.
By registering as a Portal User and using the Portal, you represent and warrant that you are at least eighteen (18) years of age and a resident of the United States and that all information you provide will be true, correct and complete.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS FOR YOUR CONVENIENCE AND AT YOUR OWN RISK. THE PORTAL, ITS CONTENT AND ANY INFORMATION, SERVICES OR MATERIALS ACCESSED OR OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT OR ANY INFORMATION, SERVICES OR MATERIALS ACCESSED OR OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT PURPORTED DEFECTS WILL BE CORRECTED, THAT THE PORTAL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PORTAL OR ANY INFORMATION, SERVICES OR MATERIALS ACCESSED OR OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE, THE COMPANY, HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR RELIEVE US OF OUR OBLIGATIONS UNDER THE HIPAA NOTICE.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PORTAL, ANY WEBSITES LINKED TO IT, OR ANY SERVICES, CONTENT OR MATERIALS ACCESSED OR OBTAINED ON OR THROUGH THE PORTAL OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA AND WHETHER SOUNDING IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF SUCH LOSS OR DAMAGE IS FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR RELIEVE US OF OUR OBLIGATIONS UNDER THE HIPAA NOTICE.