By accessing the GetRx.com Web site or downloading or installing any GetRx Application, you are agreeing to be bound by the Terms and Conditions of Use. Please review them carefully before installation and/or acceptance. If you do not agree to the Terms and Conditions of Use, do not use the GetRx.com Web site or download or install any GetRx Application. GetRx reserves the right to change the Terms and Conditions Of Use. Changes to the Terms and Conditions of Use will be posted on the GetRx.com Web site. Visit the GetRx.com Web site regularly for updates. Application software may also be upgraded periodically. Check your respective download source for upgrades.
Obtaining prescription medications without a prescription issued by an appropriately licensed and registered health care professional is a violation of State and Federal criminal law including 21 U.S. C. 301, et. seq. and 801, et. seq. By accessing the GetRx.com Web site or downloading any GetRx Application, you agree to comply with all applicable laws and regulations including but not limited to 21 U.S.C. 301, et. seq, and 801, et. seq, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using GetRx Applications and accessing GetRx.com Web sites. The GetRx Applications and Web site are protected by applicable trademark law and pending patents.
Subject to the Terms and Conditions of Use to which you have agreed, GetRx grants you a non-exclusive, non-transferable license with a limited right to access and use the GetRx.com Web sites and Applications. Such use does not constitute a transfer of title, ownership, or possession. You agree to use any GetRx.com Web site and Applications only for lawful purposes. You agree not to use any GetRx.com Web site or Application for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of another or that violates any international, federal, state, or local law.
By using the GetRx.com Applications or Web sites, you acknowledge and agree that all content, including but not limited to source code, application software, video, audio, graphics, photographs and other material contained in the GetRx.com Web sites, Applications, and other materials and information is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You agree to comply with all applicable copyright, trademark, patent, and other laws worldwide in your use of any GetRx.com Web site or Application and to prevent any unauthorized use or copying of such content. Except as expressly provided by these Terms and Conditions of Use, GetRx does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
This license prohibits you from (1) interfering with or attempting to interfere with the operation of GetRx.com Web Site and GetRx Applications; (2) modifying or copying the Applications or other GetRx.com information or source code; (3) attempting to decompile or reverse engineer any GetRx Application, Application processes, or Web site; (3) removing any patent pending, copyright, trademark, or other proprietary notations from the Applications, GetRx Web site or other GetRx information or materials; and (4) transferring the Applications, Web Sites, or other GetRx information to another person or copying the Applications or other GetRx.com information or data to any other server.
GetRx reserves the right to terminate your User license at any time for any reason or no reason at all. Your User license shall automatically terminate if you violate any of these restrictions, terms, or conditions stated herein and may be terminated by GetRx at any time. Upon the termination of this license, you agree to delete and destroy any downloaded Applications and other GetRx information in your possession whether in electronic or printed format.
By downloading and using the getRx apps, you consent to receive commercial messages and advertisements via email and within the getRx app from your health care provider, prescriber, vendors, and manufacturers of health care related products and services.
Protected Health Information will be maintained by getRx in compliance with federal regulations issued pursuant to the Health Insurance Portability and Accountability Act (“HIPAA”) and codified at 45 C.F.R. parts 160 and 164 (“HIPAA Rules”) and the Health Information Technology for Economic and Clinical Health Act (HITECH), including Sections 164.308, 164.310, 164.312 and 164.316 of title 45 of the Code of Federal Regulations. See the getRx Notice of Privacy Practices.
You acknowledge that Protected Health Information may be accessible from any device or computer on which the getRx applications have been installed for access. You agree to take reasonable security measures to protect unauthorized access to your device or computer through which getRx applications and any Protected Health Information may be accessed including, but not limited to use of password, pattern, or biometric security interfaces.
GetRx does not provide medical advice or endorse any advertiser, medical provider, drug, or medical device. GetRx is not responsible for and does not endorse any information contained within or transmitted through GetRx.com Web sites or Applications and such information should not be received as a substitute for the advice provided by your health care provider. In no event shall GetRx.com be liable for any injury, illness, or damages including, but not limited to, direct, indirect, incidental, consequential, special, exemplary and special damages or damages for loss of data or profit, or due to business interruption arising out of the use of or inability to use its Web site or Applications regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not GetRx has actual or constructive knowledge of any problems with its Web site or Applications.
You agree that any claim(s) you bring against getRx must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You agree that you waive, release, and relinquish any right to participate in a representative capacity or as a member of any class action asserting any claim against getRx. Any claim(s) shall be resolved upon the election by you or us, by arbitration pursuant to this arbitration provision and the code of procedure of the national arbitration organization to which the claim is referred in effect at the time the claim is filed. Claims shall be referred to the National Arbitration Forum (NAF), JAMS/Endispute (JAMS), or the American Arbitration Association (AAA), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select one of the other organizations listed to serve as arbitrator administrator. There shall be no right or authority for any claims to be arbitrated on a class action basis or on any basis involving Claims brought in a purported representative capacity on behalf of the general public, other getRx users, or other persons or entities similarly situated. The arbitrator's decision will be final and binding. Note that other rights that you would have if you went to court may also not be available in arbitration.
GetRx.com disclaims to the fullest extent permitted by applicable law all warranties, express and implied, statutory and otherwise, including but not limited to the implied warranties of merchantability, title, non-infringement, and fitness for particular purpose. You acknowledge that the terms of agreement with your respective mobile network provider or internet service provider will continue to apply when using the GetRx Applications or GetRx.com Web site. As a result, you may be charged by your mobile network provider or internet service provider for access to network connection services for the duration of the connection while accessing the Applications or GetRx.com Web site. You accept responsibility for any such charges that arise and acknowledge that GetRx is not responsible for any such charges.
GetRx Applications and the GetRx Web site are available to handheld mobile devices running Apple iOS and Android OS Operating Systems and internet connected devices compatible with the GetRx web portal interface. GetRx will use reasonable efforts to make the Applications and GetRx.com Web site available at all times. However, you acknowledge the Applications and GetRx Web site are provided over the internet and mobile networks and the availability, connectability, and quality of the Applications and GetRx.com Web site may be affected by factors outside GetRx’s reasonable control. GetRx does not accept any responsibility for unavailability of the Applications or the GetRx.com web site, or any difficulty or inability to download or access content or any other communication system failure which may result in the Applications or GetRx.com Web Site. GetRx does not accept any responsibility for damages of any kind to mobile devices, computers, or other equipment arising out of the use of GetRx Applications or the GetRx.com Web site on such devices, computers, or other equipment. Use GetRx at your own risk.
You agree to defend, indemnify, and hold harmless GetRx, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use to which you have agreed by use of GetRx Web sites and Applications.
The information on the GetRx.com Web site and within the GetRx Applications may contain technical, typographical, or photographic inaccuracies or errors. GetRx makes no warranty, guarantee, or representation that any of the information or statements on its Web site or within its Applications are accurate, reliable, complete, or current. GetRx may make changes to the materials contained on its Web site at any time without notice. GetRx disclaims any duty to update information within its Web site or Applications.
As a convenience to you, GetRx may provide through its Web site and Applications information and links to Web sites operated by other entities. GetRx has not reviewed all of the sites linked to its Web site and is not responsible for the content of any such linked sites. The inclusion of any link does not imply endorsement by GetRx or any medical provider associated with GetRx of the linked site or content therein. Use of any such linked Web site is at the user's own risk. GetRx makes no warranty or representation regarding, and does not endorse, any advertiser, vendor, linked sites or the information appearing therein or any of the products or services described therein. Links do not imply that GetRx sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the a link or advertisement, or that any linked site or advertised vendor is authorized to use any trademark, trade name, logo or copyright symbol of GetRx.com or any of its affiliates or subsidiaries.
Any claim relating to or arising out of GetRx’s Web sites or Applications shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. User agrees that any legal action relating to or arising out of GetRx’s Web sites or Applications shall be brought in the State Courts of Tennessee sitting in Rutherford County, Tennessee. User agrees to submit to the jurisdiction of the State Courts of Tennessee sitting in Rutherford County, Tennessee, and that venue shall lie in the State Courts of Tennessee sitting in Rutherford County, Tennessee for any action relating to or arising out of GetRx’s Web site or Applications.
“Applications” shall mean the software provided by GetRx used on Apple iOS and Android OS devices or accessed through Web portal user interfaces and any upgrades from time to time and any other software or documentation which enables the use of such software.