OUR TERMS OF USE
Welcome to RxPolicy, an online pharmacy-compliance platform made available by Mazina Law – Rx Healthcare Group ("RxPolicy," "we"). (Our compliance documents and services are collectively referred to as "Services.") By accessing, browsing, or using RxPolicy you accept, without limitation or qualification, the following terms of use:
RXPOLICY DOES NOT PROVIDE LEGAL ADVICE
RxPolicy enables you to place an order for one or more compliance documents ("Order") and acts as an online platform only. Even if you receive a complimentary consultation, you will not receive legal advice during our consultations. By using our Services, you understand that the purpose of the consultation is to discuss optimization and edits to the Order. If you require legal advice, you may sign a retaining agreement with Mazina Law, which is our legal affiliate. Your use of this site does not create any attorney-client relationship between you and RxPolicy or Mazina Law, unless a legal engagement agreement is signed.
Our services are not intended to be a substitute for professional legal advice and do not constitute professional advice. We strongly encourage that you consult your own legal counsel to discuss modifications, edits, or specifications to any Order. Reliance on any information provided by RxPolicy is solely at your own risk.
GENERAL TERMS OF USE
Services are offered to you, conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. Your access and use of RxPolicy constitute acceptance of these terms and conditions.
You expressly consent to:
(1) administrative monitoring at all times by RxPolicy and/or its authorized agents and/or contractors;
(2) be included on our email list to receive any updates, newsletter, or promotional materials. If you do not wish to receive any newsletters or promotional materials, please notify us: admin@pharmhealthlaw.com.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO SERVICES OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS BARRED.
RxPolicy’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of RxPolicy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you do not wish to consent to these Terms of Use, exit RxPolicy’s website and delete any Orders immediately.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. By submitting personal information through RxPolicy, you agree to the terms of our Privacy Policy and expressly consent to the processing of your Personal Information in accordance with our Privacy Policy. We take precautions to ensure the information you provide is protected and is accessed only by authorized personnel and only as needed to assist you with Order. We do not sell your personal information to anyone.
Delivery of Your Order
Your Order will be available via a downloadable link. You may edit, modify, or change your Order in any way. You shall not hold RxPolicy responsible for any subsequent modifications or changes to the policies, documents, orders, or manuals downloaded through our website.
Changes to Terms or Use
We may modify these Terms from time to time. If we do so, we'll let you know either by posting the modified Terms on RxPolicy or through other communications to you. It's important that you review the modified Terms because if you continue to use the Services after we've let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you do not want to be bound by the modified Terms then you should not use the Services anymore. We are always striving to make the Services better and because our Services are evolving over time, we may change or discontinue all or any part of the Services. This change may happen at any time and without notice.
Feedback to RxPolicy
Your opinion matters to us! We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at admin@pharmhealthlaw.com.
Your submission of Feedback shall constitute an assignment to RxPolicy and Mazina Law of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. RxPolicy and Mazina Law will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, only send us comments, which you wish to assign to us.
Payment for Your Order through RxPolicy
If you place an Order via RxPolicy, you agree (a) that RxPolicy or third party payment processing service provider may process and/or charge your credit/debit card for verification, preauthorization and payment purposes and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any fees or taxes that may apply to you. You will receive a confirmation once the transaction for the Order is complete. If you have any concerns or objections regarding charges, you agree to raise them first with RxPolicy and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with us.
Proprietary Rights and License
RxPolicy and its licensors exclusively own all right, title and interest in and to the Services, Orders, or any other information obtainable from RxPolicy website, including all associated intellectual property rights. You acknowledge that the Services, Orders, documents and other information on RxPolicy website are protected by laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Orders, or any documents downloaded through RxPolicy.
Subject to your compliance with these Terms, RxPolicy allows you to access and use the Services, solely in connection with your permitted use of the Services and solely for your pharmacy purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, resell, or rent documents obtained from RxPolicy to any third party; (iii) make the functionality of RxPolicy website available to multiple users through any means. RxPolicy reserves all rights in and to the Services not expressly granted to you under these Terms.
Warranty Disclaimers
The Services are provided "AS IS" AND "AS AVAILABLE" without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
RXPOLICY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ARE
COMPLIANT WITH YOUR STATE’S LEGAL REQUIREMENTS, WILL BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY
CONTENT OR ORDER OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES. IT IS SOLELY
YOUR RESPONSIBILITY TO (1) COMPLY WITH ALL STATE AND FEDERAL REQUIREMENTS, (2) UPDATE YOUR COMPLIANCE DOCUMENTS, AND (3) VERIFY ACCURACY AND APPLICABILITY OF ANY ORDER.
Indemnity
As a condition of use of Services, you agree to indemnify, defend and hold harmless RxPolicy and Mazina Law and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, or (ii) any claims alleging facts that if true would constitute a breach by you or your agents of these terms and conditions.
Disclaimer of Damages
By using Services, you assume all risks associated with the use of RxPolicy website, including any risk to your computer, software, or data being damaged by any virus, software, or any other file, which might be transmitted or activated via Services.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU.
RXPOLICY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, FINES/CITATIONS, OR ADMINISTRATIVE ACTIONS arising out of or in connection with these terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not RxPolicy has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. In no event will RxPolicy total liability arising out of or in connection with these terms, from the use of or inability to use the Services, or from any communications or interactions with Mazina Law will exceed the amounts you have paid to RxPolicy for use of the services or one hundred dollars ($100), if you have not had any payment obligations under these terms, as applicable. PxPolicy and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information or product ultimately delivered to you, regardless of how caused. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between RxPolicy and you.
DISPUTE RESOLUTION
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California.
Agreement to Arbitrate
You and RxPolicy agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. ("IP Protection Action"). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. you acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding against RxPolicy. Further, unless both you and RxPolicy otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be enforceable as permitted by law. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND RXPOLICY WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Arbitration Rules
The arbitration will be administered by JAMS by a single arbitrator in accordance with the JAMS Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in JAMS Rules.
Arbitration Location and Procedure
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in JAMS Rules.
Unless you and RxPolicy otherwise agree, the arbitration will be conducted in the county of San
Francisco. If your claim does not exceed $25,000, then the arbitration will be conducted solely on the basis of the documents that you and RxPolicy submit to the arbitrator, unless the arbitrator determines that a hearing is necessary.
The cost of arbitration will be equally divided between the parties.
Contact Information
If you have any questions about these Terms or the Services, please contact us at:
admin@pharmhealthlaw.com, 100 Pine #1250, San Francisco, CA 94111.