Effective Date: June 4, 2021
Welcome to the digital presence of PharmcoRx Pharmacy ("PharmcoRx," "we," "us," or "our"), a proud subsidiary of Progressive Care Inc. This document outlines the Terms of Service ("Terms") that govern your use of our website and the associated services we provide (together, the "Service"). By accessing or using the Service, you ("you" or "your") agree to these Terms and acknowledge our Privacy Notice. If you find any term or condition unacceptable, you must refrain from using our Service.
Modifications to Terms
We reserve the right to modify these Terms at any time, effective upon posting the revised version on our Service. By continuing to use the Service after such modifications, you accept and agree to the changes. We will make reasonable efforts to notify you of significant changes.
Privacy Practices
Your privacy is critically important to us. Our Privacy Notice, incorporated here by reference, details how we collect, use, and share your information. Please review it to understand our practices.
License Grant
Upon your acceptance of these Terms, PharmcoRx grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Service strictly in accordance with these Terms.
Intellectual Property Rights
All intellectual property rights in the Service, including but not limited to design, structure, texts, graphics, images, video, information, logos, software, audio files, and computer code, are owned by PharmcoRx, its affiliates, or its licensors. You are granted no rights or licenses in or to the Service or any such intellectual property rights owned by PharmcoRx, except as explicitly provided in these Terms. Unauthorized use of any PharmcoRx trademark, service mark, or logo may be a violation of federal and state trademark laws.
Compliance with Laws
You agree to comply with all local, state, federal, and international laws, regulations, and policies that apply to your use of the Service.
Restrictions on Use
The Service is provided for your personal and non-commercial use only. You agree not to: Copy, modify, adapt, translate, or reverse engineer any portion of the Service.Use the Service to transmit spam, chain letters, junk mail, or any other type of unsolicited mass email.Use the Service to distribute viruses or other harmful computer code.Harvest or otherwise collect information about others, including email addresses, without their consent.Use the Service for any unlawful or prohibited purpose.
User Accounts
Creating an account may be required to access some features of the Service. You are responsible for maintaining the confidentiality of your account information and for all activities conducted through your account.
Termination and Account Cancellation
PharmcoRx reserves the right to terminate your access to the Service or cancel your account at any time for any reason, including any breach of these Terms.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under or related to these Terms shall be resolved by binding arbitration in Florida, in accordance with the American Arbitration Association's rules.
Dispute Resolution
Before filing any claim against PharmcoRx, you agree to attempt to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or PharmcoRx may bring a formal proceeding.IndemnificationYou agree to indemnify, defend, and hold harmless PharmcoRx, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Internet account.
Limitation of Liability
In no event shall PharmcoRx, its affiliates, directors, officers, employees, agents, licensors, or suppliers be liable for any indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Service, with the delay or inability to use the Service, the provision of or failure to provide services, or for any information obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability, or otherwise.
Miscellaneous
These Terms, together with the Privacy Notice and any other legal notices published by PharmcoRx on the Service, shall constitute the entire agreement between you and PharmcoRx concerning the Service. If any provision
SMS Communications Agreement and HIPAA Waiver SMS Communications Consent
By opting into SMS (Short Message Service) communications from PharmcoRx Pharmacy, you expressly consent to receive non-marketing and marketing text messages from PharmcoRx Pharmacy and our affiliates, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and your consent to receive marketing messages is not required to purchase any goods or services.
HIPAA Compliance Waiver for SMS Communications
You acknowledge and understand that SMS communications are not an encrypted form of communication, and there may be a risk that data within these messages can be intercepted and read by third parties. By choosing to receive SMS communications from PharmcoRx Pharmacy, you hereby waive any protections under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any relevant state laws that may apply to the extent that such protections relate to the transmission of protected health information (PHI) via unencrypted SMS. You acknowledge that PharmcoRx Pharmacy has advised you of the risks associated with sending PHI via SMS and that you have chosen to communicate with PharmcoRx Pharmacy in this manner with full understanding of these risks.
Responsibility for Charges and Mobile Communications
You are responsible for any message and data rates that may apply to your receipt of SMS messages. You are also responsible for managing the types of SMS messages you receive from PharmcoRx Pharmacy by adjusting your preferences or opting out as necessary.
Changes to SMS Communications Practices
PharmcoRx Pharmacy reserves the right to modify or terminate our SMS messaging services from time to time, for any reason, without notice, and without liability to you.
Indemnification Obligations
You hereby agree to indemnify, defend, and hold harmless PharmcoRx Pharmacy, its parent company, Progressive Care Inc., subsidiaries, affiliates, partners, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account. This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.
Scope of Indemnification
This indemnification covers any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:Your use of the Service,Any breach of these Terms by you,Your violation of any law or the rights of a third party,Any content that you post or share on or through the Service,Your interaction with any other user of the Service,Your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Defense and Control of Claims
PharmcoRx Pharmacy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PharmcoRx Pharmacy in asserting any available defenses. You agree not to settle any matter without the prior written consent of PharmcoRx Pharmacy. PharmcoRx Pharmacy will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Cooperation
As a condition of your use of the Service, you agree to cooperate with PharmcoRx Pharmacy's defense of any claims. PharmcoRx Pharmacy will not be liable for any attorney's fees and other legal costs incurred in connection with the defense of any such claims unless PharmcoRx Pharmacy provides you with prior written notice of its intent to undertake the defense of such claim and your cooperation has been sought and received.
Limitation on Indemnification
Not withstanding any other provision of these Terms, PharmcoRx Pharmacy's indemnity obligation shall not extend to any claims, damages, liabilities, costs, or expenses caused by PharmcoRx Pharmacy's own negligence or intentional misconduct.NotificationYou must promptly notify PharmcoRx Pharmacy of any claim or legal proceeding that comes to your knowledge and is related to your use of the Service or might give rise to an indemnification obligation under these Terms. Such notification shall include all relevant information that you have regarding the claim or legal proceeding. Failure to promptly notify PharmcoRx Pharmacy may affect your rights under these Terms, including your right to indemnification.This expanded indemnification clause is designed to provide a comprehensive framework for the protection of PharmcoRx Pharmacy against potential legal liabilities arising from your use of the Service, ensuring that both parties understand their rights and obligations in the event of a legal claim or dispute.
Governing Law
These SMS Communications and HIPAA Waiver terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. By opting into SMS communications, you acknowledge that you have read, understood, and agreed to the terms outlined above regarding SMS communications and the waiver of HIPAA protections for information transmitted through such communications.
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