DELIVMEDS IS NOT A MEDICAL CARE SERVICE.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY CALL 911 IMMEDIATELY.
Last Updated: 25 March 2022.
BY CLICKING “I AGREE,” CHECKING A RELATED BOX TO SIGNIFY YOUR ACCEPTANCE, USING ANY OTHER ACCEPTANCE PROTOCOL PRESENTED THROUGH THE SERVICE (AS DEFINED BELOW) OR OTHERWISE AFFIRMATIVELY ACCEPTING THESE TERMS AND CONDITIONS OR USING THIS WEBSITE OR OUR PLATFORM AS DESCRIBED BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THIS AGREEMENT. EVEN THOUGH YOU MAY HAVE ARRIVED ON THE PLATFORM (DEFINED BELOW), THROUGH A WEBSITE OR MOBILE APPLICATION OPERATED OR CONTROLLED BY A THIRD PARTY, INCLUDING BY AN AFFILIATE OF DELIVMEDS, YOU UNDERSTAND AND AGREE THAT THESE TERMS AND CONDITIONS ARE ENTERED INTO BETWEEN YOU AND DELIVMEDS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE. IF YOU ARE A COMPANY OR OTHER BUSINESS ENTITY, YOU HEREBY AGREE THAT THE PERSON ACTING ON YOUR BEHALF OR PURPORTING TO ACT ON YOUR BEHALF HAS AUTHORITY TO AGREE TO THESE TERMS ON BEHALF OF THE COMPANY. IF YOU ARE AN INDIVIDUAL WHO CLICKS ON THE “I AGREE” BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER BUSINESS ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT ENTITY.
THE SERVICES DO NOT REPLACE YOUR RELATIONSHIP WITH ANY MEDICAL GROUP, PROVIDER OR PHARMACY. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR YOU. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US OR YOU AND THE MEDICAL GROUP(S), PROVIDER(S) AND/OR PHARMACIES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
Alliance Pharma Solutions, LLC and Community Specialty Pharmacy, LLC, d/b/a DelivMeds (“DelivMeds,” “we,” or “us”) owns and operates certain websites, including without limitation those located at https://delivmeds.com; https://delivmeds.net; https://delivmeds.app; https://comsprx.pharmacy and https://comsprx.com/ (the ” Websites”) and may own and/or operate a “DelivMeds” and/or other affiliated mobile application (“App(s)”, along with the Websites are collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by DelivMeds, and any affiliated website, software or application owned or operated by DelivMeds (collectively, including the Platform and the Content, the “Service”) are governed by these Terms and Conditions (“Terms and Conditions” or “Agreement”).
The Service is an offering that provides consumers with a virtual non-dispensing pharmacy with a true end-to-end solution for prescription procurement and delivery. With a priority on consumer-centric services, DelivMeds supports patient autonomy in selecting the pharmacy of their choice, improves price transparency, enables consumers to coordinate delivery and assists in making a meaningful impact on outcomes with access to telehealth and tele-pharmacy services.
Please read this Agreement carefully because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service. THE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
Acceptance of Terms and Conditions
Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. You should check the Terms and Conditions from time to time when you use the Services to determine if any changes have been made. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.
Your Relationship with Us
We are a technology company that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by DelivMeds or by affiliates and/or third-party pharmacies, pharmaceutical manufacturers and/or other vendors. Our Service provides access to prescription fulfillment, delivery coordination and health services offered by our affiliates and third-party vendors as described above. Prescription fulfillment from “integrated” pharmacies include Community Specialty Pharmacy, LLC, the network of independent pharmacies enrolled in DelivMeds services via Trxade Health, Inc., and other non-affiliate third-party pharmacies that have enrolled directly in the DelivMeds network (such network, “DelivMeds Network”) (collectively the foregoing pharmacies are referred to as “Integrated Pharmacies”). Third-party pharmacies that have not directly enrolled in the DelivMeds Network are available for prescription fulfillment and also displayed within the Platform; however, they are ineligible for payment and delivery coordination (the “Non-Integrated Pharmacies”). Both “Integrated Pharmacies” and “Non-Integrated Pharmacies” are referred to as “Pharmacies” unless otherwise specified. We may also provide access to the Platform by one or more medical groups who provide telehealth and tele-pharmacy services to you (the “Medical Groups”). These Medical Groups employ or contract with physicians and other allied health providers who may offer certain healthcare services to you (“Providers”). By accepting this Agreement, you acknowledge and agree that any products or services you receive from the Pharmacies and information regarding your diagnosis, treatment and or recommendations made available by Medical Groups, Providers, and Pharmacies through the Platform are also subject to this Agreement, and that the Medical Group(s), Provider(s) and Pharmacies are third-party beneficiaries of this Agreement.
With respect to the Medical Groups, Providers and Pharmacies, we act solely as a technology platform to connect you with the products and services offered by the Medical Groups, Providers and Pharmacies through the Service. We do not control or interfere with the dispensing or provision of pharmaceutical products by the Pharmacies or the practice of medicine by the Medical Group(s) or any Provider(s), each of whom is solely responsible for the products and services provided to you. While we may collect patient responsibility payments pursuant to contracts the Medical Groups, Providers and Pharmacies have with payors, we are not a participating provider with any commercial (i.e., United Healthcare, Blue Cross Blue Shield etc.) or federal payors (i.e., Medicare, Medicaid, TRICARE etc.) and will not submit bills to commercial or federal payors for services rendered by Medical Groups, Providers and Pharmacies. DelivMeds makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Group(s) or any Provider(s) or the products or services provided by the Pharmacies. By accepting this Agreement, you acknowledge and agree that DelivMeds is not a healthcare provider and that by using the Service, you are not entering into a patient-provider or other healthcare provider relationship with DelivMeds. By using the Service, you may, however, be entering into a healthcare patient-provider relationship with the Pharmacies, a patient-provider relationship with the Medical Group(s) and/or Providers should you elect to receive care, and/or that you have a pre-existing patient-provider relationship with a Provider or Medical Group that referred you to use DelivMeds.
By accepting this Agreement, you acknowledge and agree that, the Pharmacies may send you messages (including text messages), reports, and emails via the Service regarding your, prescription and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither DelivMeds nor the Pharmacies will be responsible in any way and you will not hold a Pharmacy liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from any Pharmacy.
Prescription Products and Fees
Certain products and services available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product or be eligible for a service unless you have completed a consultation with a Provider, the Provider has determined the prescription product is appropriate for you and the Provider has written a prescription which has been transmitted to DelivMeds.
If a Provider determines a prescription product is appropriate for you and writes a prescription, you may fill it through one of the Integrated Pharmacies on the Platform, or you may fill the prescription at one of the Non-Integrated Pharmacies on the Platform during your use of the Service or by emailing firstname.lastname@example.org. You are free to choose any Pharmacy on our Platform at your sole discretion.
If you complete a consultation with a Provider and fill a prescription through one of the Pharmacies, the prescription product will be shipped, delivered or otherwise available for pick-up by you at the applicable Pharmacy. Furthermore, by registering for an account to use the Service, you agree to permit any Pharmacy to receive the transfer of your prescription(s) from DelivMeds. In addition, you agree to permit DelivMeds to contact other pharmacies for prescription transfer for pre-existing prescriptions for the purposes of maintaining your complete prescription history record.
The Service is currently provided at no charge to you, and any cost involved will be included in the cost of the prescriptions you receive from a Pharmacy; provided, however, you may be responsible for any applicable taxes, administrative fees, delivery, shipping and handling charges based on the service you select. We reserve the right to implement one or more fees for the use of the Service and your continued use of the Service constitutes your agreement to such fees. We will notify you in advance before the implementation of any fees for the use of the Service.
Limited Use and Availability
Our Service is currently only available to individuals who are located in the United States of America and in the states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products and services available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages.
Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.
Protected Health Information
The Medical Group(s), Provider(s) and Pharmacies have adopted a Notice of Privacy Practices that describes how they use and disclose Protected Information. By accessing or using any part of the Service, you are acknowledging receipt of the Notice of Privacy Practices from your Medical Group(s), Provider(s) and Pharmacies.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. An account may allow you to maintain and manage information and/or a Service on behalf of a family member or minor for whom you act as a guardian. You agree to accurately maintain and update any information about yourself and any party that you have provided to DelivMeds, the Medical Group(s), its Providers or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, or if you violate this Agreement, then we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify DelivMeds of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing DelivMeds at email@example.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. DelivMeds explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section or for any termination or suspension of your account. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. DelivMeds may investigate any alleged or suspected violations and if a criminal violation is suspected, DelivMeds may cooperate with law enforcement agencies in their investigations.
Use and Ownership of the Service
Copyright 2022. All rights reserved. The Service and the information and Content available through the Service are owned or licensed by DelivMeds and are protected by copyright laws throughout the world. Subject to this Agreement, DelivMeds grants you a limited, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by DelivMeds in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by DelivMeds. You agree that DelivMeds and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. DelivMeds’ stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of DelivMeds and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Subject to any limitations on PHI described below, any information you transmit to DelivMeds via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary and will become the property of DelivMeds. Subject to any applicable account settings that you select, you grant DelivMeds a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for any purpose, including without limitation, operating and providing the Service to you and to our other users, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting. DelivMeds shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to DelivMeds via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not DelivMeds, are responsible for all Submissions that you provide to the Service. In addition to the foregoing, DelivMeds shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that DelivMeds deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. Subject to applicable law, DelivMeds reserves the right to maintain, delete or destroy all Submissions, communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies.
If a Submission you make contains Protected Information, DelivMeds’ rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by DelivMeds to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by DelivMeds, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any DelivMeds representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
The App provided on the Platform is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system. Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your personal information from unauthorized or unintended disclosure. As a result, you may compromise your personal information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms and Conditions.
DelivMeds reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. DelivMeds may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except for specific communications received from Providers and/or Medical Groups, none of the Content you receive through the Platform should be considered medical advice.
DelivMeds respects the intellectual property of others and asks that users of our Platform do the same. In connection with our Platform, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our Platform who are repeated infringers of intellectual property rights, including copyrights. If you believe that information on our Platform is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to DelivMeds:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
To contact us about this issue, please send an email to firstname.lastname@example.org.
Right to Monitor
DelivMeds reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in DelivMeds’ sole discretion, may be illegal, may subject DelivMeds to liability, may violate this Agreement, or are, in the sole discretion of DelivMeds, inconsistent with DelivMeds’ purpose for the Service.
Third-Party Goods and Services
Parties other than DelivMeds, including without limitation, Pharmacies, pharmaceutical manufacturers, merchant solution providers and delivery partners (collectively, “Third-Parties”) provide services or sell products through the Service, and DelivMeds may also make available to you certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that DelivMeds shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that DelivMeds is under no obligation to become involved in such dispute, and you hereby release and indemnify DelivMeds, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “DelivMeds Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY .”
Certain of DelivMeds’ shareholders, directors, officers, employees, contractors or agents (collectively, “DelivMeds Owners and Personnel”) may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you. Any such financial interest by DelivMeds Owners and Personnel shall not affect your release and indemnity.
Terms of Sale
All products and services offered for sale by DelivMeds are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable Taxes, administrative fees, delivery, shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the delivery or shipment. In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your delivery or shipping address, your phone number and/or your email address. By submitting such information, you grant DelivMeds without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
You agree to pay any shipping, delivery and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping, delivery and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
We reserve the right to remedy User issues and concerns on a case-by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
DelivMeds may terminate your use of the Service or any of our features or services at any time and for any reason or no reason without notice, including, for example and without limitation, for conduct violating this Agreement, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes (defined below), indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with DelivMeds. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all DelivMeds Parties harmless from any and all liability that any such DelivMeds Parties may incur with respect thereto. Your permission to use the Platform automatically terminates if you violate these Terms and Conditions.
Content and other information contained on the Service is provided by DelivMeds as a convenience. Users relying on Content or other information from the Service do so at their own risk.
THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE DELIVMEDS PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES OR PROVIDING INFORMATION THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUP(S), THE PROVIDER(S) AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. DELIVMEDS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. DELIVMEDS DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DELIVMEDS PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES OR PROVIDING INFORMATION THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUP(S), THE PROVIDER(S) AND THE PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELIVMEDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DELIVMEDS PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
Limitation on Damages
THE DELIVMEDS PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DelivMeds will not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including any direct or indirect, special or consequential damage, loss of income, revenue or profit, lost or damaged data, or damage to your device, software or any other property, whether arising directly or indirectly in connection with any of the following —
- Your use of The Service;
- Any loss or unavailability of use of the Service, howsoever caused;
- Any breakdown or malfunction of any equipment system or software used in connection with the Service, whether belonging to us or not, including any electronic terminal, server or system, or telecommunication or other communications network or system;
- Your device, computer or other electronic hardware not working or functioning properly;
- Any inaccuracy or incompleteness in, or error or omission in the transmission of data or any other content made available or accessible via the Service;
- Any delay, failure, or interruption in the transmission of data or any other content made available or accessible via the Service, whether caused by delay, failure, or interruption in transmission over the Internet or otherwise;
- Any decision made or action taken by you or any third party in reliance upon the Service or any data or any other content made available or accessible via the Service; or
- Any virus or other malicious, destructive or corrupting code, program or macro in the Service.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold the DelivMeds Parties and any third-party offering products or services or providing information through the Service, including the Medical Group(s), Provider(s) and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms and Conditions or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Any notices to you from DelivMeds regarding the Service or this Agreement may be made by email, text message, a posted notice on the Service, or regular mail, in the sole discretion of DelivMeds.
When you access or use the Service or send emails to us or the Pharmacies, you are communicating with us and the Pharmacies electronically. You consent to receive communications from us and the Pharmacies electronically. We will communicate with you via SMS, email or through the Service. 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. You may preserve these Terms and Conditions in written form by printing it for your records, and you waive any other requirement that these Terms and Conditions be evidenced by a written document. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
This Agreement and any other agreements DelivMeds may post on the Service or that you and DelivMeds Health may execute from to time constitute the entire agreement between DelivMeds and you in connection with your use of the Service and supersede any prior agreements between DelivMeds and you regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND DELIVMEDS OR YOU AND ANY OF THE DELIVMEDS PARTIES OR ANY PHARMACY, MEDICAL GROUP OR PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO DELIVMEDS, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER DELIVMEDS GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc) (“JAMS”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY JAMS’S CONSUMER ARBITRATION RULES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the JAMS fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case DelivMeds will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. DelivMeds also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by JAMS. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Hillsborough County, Florida, except that, in the event Hillsborough County, Florida is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on JAMS, its Rules and Procedures, and how to file an arbitration claim, you may call JAMS at https://www.jamsadr.com/contact.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and DelivMeds agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Hillsborough County, Florida, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Hillsborough County, Florida , subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Hillsborough County, Florida for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with DelivMeds. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with DelivMeds to: Alliance Pharma Solutions, LLC., 2420 Brunello Trace, Lutz, FL 33558, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to Alliance Pharma Solutions, LLC, 2420 Brunello Trace, Lutz, FL 33558, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at Alliance Pharma Solutions, LLC, 2420 Brunello Trace, Lutz, FL 33558, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by DelivMeds from our offices within the State of Florida. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of Florida, without regard to any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Agency Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and DelivMeds, the Medical Group(s), the Provider(s) or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. DelivMeds may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of DelivMeds or to another third party in the event that some or all of the business of DelivMeds is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of the DelivMeds Parties, the Medical Group(s), Provider(s) and the Pharmacies and the agreement to arbitration, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party, including the Medical Group(s), Provider(s) or Pharmacies, and, except as specifically set forth in this Agreement, that no third party shall have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.
If you have any questions or concerns about this Agreement, please contact us by email at email@example.com or by regular mail at:
Alliance Pharma Solutions, LLC (d/b/a DelivMeds)
2420 Brunello Trace
Lutz, FL 33558