These Terms of Use (these “Terms”) are entered into by and between you and Prescriptd LLC (“Prescriptd,” or “we,”). The following terms and conditions govern your access to and use of the Prescriptd TM web and/or mobile application and website, www.prescriptd.com (the Prescriptd TM mobile application and website being, collectively, the “App”), including any content, functionality, and services offered on or through the App.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL
AGREEMENT BETWEEN YOU AND PRESCRIPTD.
By using the App or by clicking to accept or agree to the Terms
of Use when this option is made available to you, you accept and
agree to be bound and abide by these Terms of Use and our
Privacy Policy, found at
www.prescriptd.com/privacy-policy, which is incorporated herein by reference.
If you do not want to agree to these Terms of Use or the Privacy
Policy, you must not access or use the App.
These Terms expressly supersede prior agreements or arrangements with you. Prescriptd may immediately terminate these Terms or any services with respect to you, or generally cease offering or deny access to the App, our services, or any portion thereof, at any time for any reason, except where prohibited.
The App is offered and available to users who are Eighteen (18) years of age or older and reside in the United States, particularly in the state of Texas. By using this App, you represent and warrant that you are of legal age to form a binding contract with Prescriptd and meet all of the foregoing eligibility requirements. This App is further intended only for patients of healthcare providers (“Providers”) we partner with. If you do not meet all of these requirements, you must not access or use the App.
If your use of the App is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the App (and any unauthorized further use of the App), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter.
Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this App, and any service or material we provide on the App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of, or the entirety of, the App to users.
You are responsible for both:
The App may offer certain user input forms, such as a contact form, User profile form, or symptoms form. It is a condition of your use of the App that all the information you provide on the App is correct, current, and complete. You agree that all information you provide to this App or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The App permits Users to choose a username, password, and/or other information to register an account. Such information should be treated as confidential, and you should not disclose it to any other person or entity. You are responsible for ensuring such information remains confidential.
Prescriptd provides a platform by which Users may obtain a prescription through their Providers for common maladies and ailments. Prescriptd works with select Providers and is not a healthcare provider. Prescriptd does not suggest or prescribe controlled substances.
Providers are independent of Prescriptd and are merely using the App as a way to communicate with you and/or issue prescriptions for common maladies and ailments. Any information or advice received from a Provider comes from them alone, and not from us. Your interactions with the Providers via the App are not intended to take the place of your relationship with your regular healthcare practitioners or primary care physician. Prescriptd utilizes proprietary algorithms to provide Users with commonly prescribed medication for common maladies and ailments, such as the common cold or headache.
PRESCRIPTD DOES NOT GUARANTEE THAT A PRESCRIBED MEDICATION WILL TREAT YOUR AILMENT. YOU MAY EXPERIENCE SIDE EFFECTS FROM ANY GIVEN PRESCRIPTION. YOU ALONE ARE RESPONSIBLE FOR UNDERSTANDING THE SIDE EFFECTS OF ANY PRESCRIPTION AND YOU ALONE UNDERTAKE ALL RISK IN CHOOSING TO TAKE ANY MEDICATION. BY USING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO VISIT IN PERSON WITH YOUR PROVIDER IN LIEU OF THE CONVENIENCE OF USING THE APP AND YOU EXPRESSLY UNDERTAKE ALL RISK. PRESCRIPTD CANNOT, AND DOES NOT, GUARANTEE TREATMENT OR PERFORMANCE OF ANY SUGGESTED TREATMENT, MEDICATION, OR PRESCRIPTION.
Neither Prescriptd, nor any of its subsidiaries or affiliates, or any third party who may promote the App or provide a link to the App, shall be liable for any professional advice obtained from a Provider via the App, nor any information obtained through the App. Prescriptd does not recommend or endorse any specific Providers, tests, practitioners, medications, products, or procedures. You acknowledge that your reliance on any Providers or information delivered by the Providers via the App is solely at your own risk and you assume full responsibility for all risks associated therewith.
Prescriptd does not make any representations or warranties about the training or skill of any Providers who deliver services via the App. You are ultimately responsible for deciding to accept the services of your particular Provider.
The content of the App, including, without limitation, any text, copy, audio, video, photographs, illustrations, graphics, and other visuals, is only to be used for the specific purpose of obtaining an automated prescription under your Provider’s supervision and does not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Prescriptd. You should always seek the advice of your qualified health care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions. All information provided by Prescriptd is intended to be for general informational purposes only, and is in no way intended to create a provider-patient relationship as defined by state or federal law. While Prescriptd facilitates your selection of, and communications with, Providers through the App, Prescriptd does not provide medical services, and the provider-patient relationship is between you and the Provider. Your Provider is responsible for reviewing the information you input in the App prior to prescribing you with any medication. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
All prescriptions must be prescribed through your Provider. Prescriptd is not responsible for prescribing you medication, contacting your pharmacy, or providing any refill for any active prescription. This is solely the responsibility of you and/or your Provider. Prescriptd does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the App. Reliance on any information provided by Prescriptd, our employees, or others is solely at your own risk.
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Content”) are owned by Prescriptd, its licensors, or other providers of such material that are fairly used by Prescriptd and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights are expressly reserved to the owner(s) of any Content.
These Terms of Use permit you to use the App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the App or any services or materials available through the App.
If you wish to make any use of material on the App other than that set out in this section, please address your request to: info@prescriptd.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by us. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The term “Prescriptd TM ”, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Prescriptd or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
Any Content posted or linked to on this App belongs to its owner and may not be unlawfully copied, displayed, published, distributed, or otherwise reproduced. Any Content belonging to a third party on this App is the exclusive property of its owner. Prescriptd does its best to ensure any copyrighted work belonging to a third party on the App is lawfully attributed to its owner. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification as specified below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Please send any DMCA Notice to info@prescriptd.com with the subject line “DMCA Notice.” If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
Additionally, you agree not to:
The App may contain contact forms, user intake forms, symptom questionnaires, and other interactive features (collectively, “Interactive Services”) that allow users to submit or transmit information or materials to us on or through the Website (“User Contributions”).
User Contributions will be treated in accordance with our Privacy Policy. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for reasonable business purposes, including for providing services through the App.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user through the App. BY USING THE APP YOU CERTIFY THAT ALL USER CONTRIBUTIONS AND/OR OTHER INFORMATION YOU PROVIDE IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE.
We have the right to:
The information presented on or through the App is made available solely for the purposes of the App. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.
This App may include and/or link to content provided by, created by, or published by third parties. We do not warrant the accuracy, completeness, or usefulness of this information. All statements and/or opinions expressed in these materials are solely the opinions and the responsibility of the person or entity which provided, created, or published those materials. These materials do not necessarily reflect the opinion of the Prescriptd. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Furthermore, content provided by, created by, or published by third parties is the copyright of such third party/parties. We in no way make any representation that any text, image, graphic, or other display provided by, created by, or published by third parties belongs to us.
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this App is subject to our Privacy Policy. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the App will be solely for your personal use. Prescriptd may cancel, suspend, or terminate your access to the App at any time and for any reason, including any violation of these Terms.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.
The owner of the App is based in the State of Texas in the United States. We provide this App for use only by persons who are at least 18 years of age, located in the United States, and patients of Providers we partner with. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Persons outside of the United States are not authorized to access or use the App.
YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRESCRIPTD NOR ANY PERSON ASSOCIATED WITH PRESCRIPTD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE APP AND/OR THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE APP AND/OR THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PRESCRIPTD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE APP OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. PRESCRIPTD DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE APP OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PRESCRIPTD SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
INFORMATION AVAILABLE THROUGH THE APP COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF ANY PRODUCTS OR PRESCRIPTIONS OBTAINED THROUGH OUR APP MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. PRESCRIPTD DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON, SUGGESTED, OR MADE AVAILABLE THROUGH THE APP, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PPRESCRIPTD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITE LINKED TO IT, THE SERVICES, OR ANY CONTENT ON THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
PRESCRIPTD SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF THE PROVIDERS. PRESCRIPTD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE APP OR SERVICES.
PRESCRIPTD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE APP OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE APP; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER. PRESCRIPTD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PRESCRIPTD’S REASONABLE CONTROL.
THE APP MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT PRESCRIPTD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE APP IS TO STOP USING THE APP OR THOSE SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify and hold Prescriptd and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees related to defending or resolving any suits), arising out of or in connection with: (i) your misuse of the App or Services or prescriptions or goods obtained through your use of the App or Services; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party, including Providers; or (iv) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. Prescriptd 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 cooperate with Prescriptd in asserting any available defenses.
All matters relating to the App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, although we retain the right, at our sole discretion, to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by Prescriptd of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prescriptd to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Prescriptd regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
This App is operated by Prescriptd. Any notices or inquiries relating to copyright, any requests for technical support, any comments, and all other feedback relating to the App should be sent to info@prescriptd.com.