Terms of Use

Agreement to Terms of Use

Thank you for visiting Prescription Care and for familiarizing yourself with the information, community and services that we provide to you and other users through this website. Prescription Care LLC wants you and other users to have safe, enjoyable access to its website, so we have established these terms, conditions and policies (“Terms of Use”) so that you, other users and Prescription Care know what to expect from each other.

BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

Prescription Care may change, modify, add or remove portions of these Terms of Use, at any time. You should periodically check these Terms of Use for changes. Your continued use of this website following the posting of any changes to these Terms of Use will mean that you accept and agree to such changes. As long as you comply with these Terms of Use, Prescription Care grants you a personal, non-exclusive, non-transferable, limited privilege to access and use this website.


Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”), including but not limited to the selection, coordination, arrangement and enhancement of such Content, contained on this website is owned, controlled or licensed by or to Prescription Care, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of this website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Prescription Care’s express prior written consent.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices.


Health-Related Content

Any health-related Content found on this website describes general principles of healthcare that should not be construed as specific instructions for individual patients. It is not intended as a substitute for a consultation with your physician, and should not be used to diagnose or treat a health problem without consulting your physician. It is for reference only and should not be used to determine treatment for specific medical conditions—only a health care provider can do that. This website and its health-related information and resources are not intended and must not be taken as the rendering of medical, nursing or professional health care advice or services, or the practice of medicine, nursing, pharmacist services, or professional healthcare in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions and contraindications before administering or using any device, drug, herb, vitamin or supplement discussed on this website.

You understand and agree that in no event will Prescription Care be liable for any decision made or action taken in reliance on the information contained on, or accessible through, this website. Reliance on any information provided by, or otherwise appearing on, this website is solely at your own risk.

Proper treatment of health conditions depends upon a number of factors, including, but not limited to, your medical history, diet, lifestyle and medication regimen. Your primary healthcare provider can best assess and address your individual health care needs. You should consult with your primary healthcare provider before starting a new diet, fitness or supplement regimen. If you are experiencing a medical crisis, please call 911 or contact your local emergency assistance service immediately.


Links to Third Party Sites

This website may contain links to other independent third-party web sites. Prescription Care provides these links for your reference only. Prescription Care does not control those websites, and Prescription Care is not responsible for, and does not endorse, their content and resources or any services offered through such third-party web sites.


Privacy

Please review our Privacy Policy, which also applies to your use of this website. To view our full Privacy Policy, click here.


Electronic Communications

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Prescription Care, about healthcare and consumer products/services, regardless my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase.

In addition to email, I understand that Prescription Care may use SMS communications to interact with me on a recurring basis with 1 SMS per applicable event, and that I will receive an SMS confirmation of my opt-in at the end of the sign-up process. Such messages may include limited personal information about my prescriptions, treatment or benefits, and individuals with access to my mobile phone, carrier account or email address will also be able to see this information.

I understand that I may stop receiving email alerts by calling Prescription Care at 866-299-0857. I also understand that I can opt-out of SMS communications at any time by texting STOP to 866-299-0857, at which point I will receive a reply confirming that I have been unsubscribed. I understand that I can text HELP to 866-299-0857 to find out more about the Prescription Care SMS communication service. Prescription Care does not impose separate charges for text alerts; however, I understand that messaging and data rates from my mobile carrier may apply and I am responsible for any such charges.


Your Conduct

You must be at least 18 years of age to use this website. You agree not to interrupt or attempt to interrupt this website’s operation or any other person’s use of this website in any way. Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other user to enjoy this website will not be permitted, including by means of hacking or defacing any portion of this website, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use this website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Prescription Care or others. You are prohibited from posting on or transmitting through this website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent or racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website.

Prescription Care reserves the right to terminate or suspend your access to and use of this website without notice, if we believe, in our sole discretion, that it is in violation of these Terms of Use or any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or other third-party.


Accounts, Passwords and Security

Certain information or services offered on or through this website may require you to create an account (including setting up a User ID and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for all activities that occur in connection with your password or account. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access this website using your account or User ID. Prescription Care cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

For your account, you agree to provide true, accurate, current and complete information about yourself. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of this website. Because any termination of your access to this website may be effected without prior notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this website. Furthermore, you agree that we shall not be liable to you or any third party for any termination of your access to your account or this website.

By using this website, you also acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Your account Information and certain other information about you is subject to our Privacy Policy


Wireless Phone Policy

By providing your wireless phone number to Prescription Care, you expressly consent to Prescription Care calling you at this phone number—in person or through an automated system.


TCPA Opt-In

I certify that I entered my own information, and give permission to be contacted at the email address and/or phone number provided by autodialed calls/text messages and/or pre-recorded messages, by Prescription Care, about healthcare and marketing regarding consumer products/services, regardless of my status on any State or Federal Do Not Call list. I understand consent is not a condition of purchase. Messaging and data rates may apply from your mobile carrier.


Prescription Transfers and Requests

By finishing the online signup process and adding your payment method, you give Prescription Care consent to transfer your prescriptions from your existing pharmacy(s) and / or reach out to your prescriber(s) for new prescriptions. Prescription Care is not a pharmacy, but coordinates with patient assistance programs that may fulfil such functions as dispensing medications in accordance with the respective assistance programs’ licenses to do so.


Disclaimers

PRESCRIPTION CARE DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THIS WEBSITE WILL PROVIDE SPECIFIC RESULTS. THIS WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PRESCRIPTION CARE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

PRESCRIPTION CARE DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING THE INFORMATION, SERVICES, PRODUCTS, MATERIALS AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THIS WEBSITE, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PRESCRIPTION CARE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE AND/OR ANY PRESCRIPTION CARE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PRESCRIPTION CARE FOR DISSATISFACTION WITH THIS WEBSITE OR ANY CONTENT IS TO STOP USING THIS WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of or use, whether for breach of contract, tort, negligence or any other cause of action.

Prescription Care reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to this website, or any portion of this website, for any reason; (ii) to modify or change this website, or any portion of this website, and any applicable policies or terms; and (iii) to interrupt the operation of this website, or any portion of this website, as necessary to perform routine or non-routine maintenance, error correction or other changes.


Limitations of Liability

IN NO EVENT WILL PRESCRIPTION CARE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THIS WEBSITE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THIS WEBSITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF PRESCRIPTION CARE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH LIMITATION SHALL NOT BE APPLICABLE TO YOU.

If, notwithstanding the other provisions of these Terms of Use, Prescription Care is found to be liable to you, any liability on the part of Prescription Care will not exceed the fees paid by the user for the particular information or service provided. Prescription Care is not liable for the unauthorized use of our Content by any other websites.


Indemnification

You agree to indemnify and hold Prescription Care, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Prescription Care by any third party due to or arising out of or in connection to your violation of these Terms of Use, or with your use of this website.


Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms of use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms of Use, all of which remain in full force and effect. You agree that all matters, including all disputes, relating to your access to or use of PrescriptionCare.com information or services or of this website, including its Contents, will be governed by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for New Castle County, State of Delaware and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between Prescription Care and you arising out of or in connection with your access to or use of Prescription Care information or services or of this website, including its Contents, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.


Feedback and Information

Prescription Care welcomes your feedback. Any feedback you provide at this website will be deemed to be non-confidential. Prescription Care will be free to use such information on an unrestricted basis.


Copyright Infringement Complaints

  1. Prescription Care respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
  2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  3. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  4. Identification of the URL or other specific location on this website where the material that you claim is infringing is located;
  5. Your address, telephone number and e-mail address;
  6. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  7. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached by mail as follows:

Prescription Care LLC
382 NE 191st St #82522
Miami, Florida
33179-3899
Attn: Compliance


General Information

Prescription Care may elect to monitor areas of this website by electronic or other means and may disclose any Content, records, Submissions or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate this website; or (iii) to protect our rights or property or the rights of the users, sponsors, providers, licensors or merchants. We are not responsible for screening, policing, editing or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, we may investigate the allegation and determine in our sole discretion whether to remove or to request the removal of such Content from this website.

Prescription Care’s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right. These Terms of Use and policies constitute the entire agreement between you and Prescription Care governing your use of this website. As stated above, your use of this site is also subject to our Privacy Policy.


Questions or Additional Information

Email: [email protected]

Mailing Address: 382 NE 191st St #82522, Miami, Florida, 33179-3899

Customer Service Line: 866-299-0857

The information contained in this web site is subject to change without notice. Copyright © Prescription Care LLC. All rights reserved.

Last updated on June 7, 2019


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