Terms & Conditions

Content is provided on DeliverCareRx.com on an "As is" and "As available" basis. We reserve the right to correct any errors, omissions, or inaccuracies.  We do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information or content presented herein. We also do not represent that DeliverCareRx.com will operate without interruption or error. 

We will not accept any liability for the consequences arising from the application, use, or misuse of any information contained on DeliverCareRx.com  including injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.

 In no event shall DeliverCareRx, Inc., DeliverCareRx Pharmacy, LLC or any of its affiliates (collectively, “DeliverCareRx”) be liable for any incidental, consequential, punitive, or special damages, direct or indirect. Any liability on the part of DeliverCareRx shall not exceed the fees paid by the user for the particular information or service provided. DeliverCareRx is not liable for the unauthorized use of our content by any other Web sites.

 DeliverCareRX further disclaims any responsibility for the accuracy, reliability, currency, availability, or completeness of content or information found on any sites that link to or from DeliverCareRx.com by third parties not associated with us. DeliverCareRx also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by third parties.

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 the DeliverCareRx.com website is owned, controlled or licensed by or to DeliverCareRx, and is protected by trade, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Unless otherwise noted on this web site, can information or content 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 prior consent from DeliverCareRx in writing.

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 residing on DeliverCareRx.com should not be construed as specific instructions for individual patients. Always consult with your physician or health care provider for information regarding your personal health situation.  Health information on the web site should not be used to diagnose or treat a health problem, and it is only available for reference. You understand and agree that in no event will DeliverCareRx be liable for any decision made or action taken in reliance on the information contained on, or accessible through, the website. Reliance on any information provided by, or otherwise appearing on DeliverCareRx.com 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 health care provider can best assess and address your individual health care needs. You should consult with your health care 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

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

Privacy

Please review our Privacy Policy, which also applies to your use of DeliverCareRx.com. To view our full Privacy Policy, click on the link on DeliverCareRx.com

Electronic Communications

When you visit, enroll on DeliverCareRx.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by phone, subject to all applicable privacy laws and your right to place restrictions on the communication of your protected health information under HIPAA. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Your Conduct

You must be at least 18 years of age to use and enroll for services on DeliverCareRx.com.  You agree not to interrupt or attempt to interrupt the site’s operation or any other person’s use of the site 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 web site experience will not be permitted, including by means of hacking or defacing any portion of the web site, or by engaging in password “mining,” spamming, flooding or other disruptive activities.

You may not use the website or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of DeliverCareRx or others. You are prohibited from posting on or transmitting through the web site 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 the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.

DeliverCareRx 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 and Conditions 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. DeliverCareRx cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

By enrolling, 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 the 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 the 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 the website may be read or intercepted by others, even if there is a special notice that a particular transmission 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 DeliverCareRx.com, you expressly consent to DeliverCareRx calling you at this phone number—in person or through an automated system. All phone calls will comply with applicable privacy laws with respect to your protected health information.

Disclaimers

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

DELIVERCARERX 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.

DELIVERCARERX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE ONLINE EXPERIENCE AND/OR ANY PILLPACK SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ONLINE EXPERIENCE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST DELIVERCARERX FOR DISSATISFACTION WITH THE WEBSITE EXPERIENCE OR ANY CONTENT IS TO STOP USING THE 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.

DeliverCareRx 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 the website, or any portion of the website, for any reason; (ii) to modify or change the website, or any portion of the website; and (iii) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non-routine maintenance, error correction or other changes.

Limitations of Liability

IN NO EVENT WILL DELIVERCARERX 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 THE 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 THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA ON THE WEBSITE; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF DELIVERCARERX 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 and Conditions, DeliverCareRx is found to be liable to you, any liability on the part of DeliverCareRx will not exceed the fees paid by the user for the particular information or service provided. DeliverCareRx is not liable for the unauthorized use of our Content by any other web sites.

Indemnification

You agree to indemnify and hold DeliverCareRx, 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 DeliverCareRx by any third party due to or arising out of or in connection to your violation of these Terms and Conditions.

Governing Law; Choice of Forum; Dispute Resolution

If any part of these Terms and conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of these Terms and conditions, 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 DeliverCareRx information or services or of the website, including its Contents, will be governed by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts for North Carolina and waive any objection to such jurisdiction or venue. Any claim under these Terms and conditions 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 DeliverCareRx and you arising out of or in connection with your access to or use of DeliverCareRx.com information or services or of the 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

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

Copyright Infringement Complaints

DeliverCareRx 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 the website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. 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;

3. identification of the URL or other specific location on the website where the material that you claim is infringing is located;

4. your address, telephone number and e-mail address;

5. 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;

6. 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:  Curtis Elliott, Culp Elliott and Carpenter, PLLC.  Address:  4401 Barclay Downs Drive, Suite 200, Charlotte, North Carolina 28209

Attn: Copyright Agent

General Information

DeliverCareRx may elect to monitor areas of the 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 the 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 the website.

DeliverCareRx’s failure to insist upon strict performance of any provision of these Terms and Conditions and policies will not be construed as an implicit waiver of any provision or right. These Terms and Conditions and policies constitute the entire agreement between you and DeliverCareRx 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

Mailing Address:

DeliverCareRx Inc.

2115 Rexford Road, Suite 224

Charlotte, NC 28211

980-224-9515

The information contained in this web site is subject to change without notice. Copyright 2015 DeliverCareRx, Inc. All rights reserved.