If you are experiencing a medical emergency, please immediately call 911 or contact your local emergency assistance service immediately.
These terms, conditions, and policies (and any updates thereto) will remain effective and legally binding upon you as long as you use any MyRxProfile, LLC site, application or service and for as long thereafter as your jurisdiction permits, to the maximum extent allowed by law. If you refuse to continue to be legally bound to these terms, policies and conditions, you must immediately cease and desist all use of our sites, apps and services permanently. You agree that your sole and exclusive legal remedy is to immediately discontinue all use of our sites, apps and services if you are in any way dissatisfied with their content, or any of these terms, policies and conditions.
These terms and conditions of use outline important information about your use of MyRxProfile, LLC services, websites and information. Carefully read the entire contents of this section and the Privacy Policies before using any MyRxProfile site or services. Your use of any and all MyRxProfile, LLC sites, applications or services of any kind constitutes your complete and express consent, acknowledgement and acceptance to comply with and be fully and legally bound by all of the terms and conditions and Privacy Policies of MyRxProfile, LLC. MyRxProfile, LLC reserves the right to revise, alter, change, and/or update any or all of its policies, terms and conditions of use for MyRxProfile, LLC sites, applications and services at any time, without notice, and your continuing use of MyRxProfile, LLC sites, applications or services constitutes your express and unequivocal acceptance of any changes thereto.
All MyRxProfile, LLC sites, applications and services are intended solely for personal, informational use for noncommercial consumers of legal age and capacity in the United States of America. All other users are strictly prohibited and MyRxProfile, LLC is in no way liable or responsible for or to any user accessing these services outside of the U.S. By prohibited users.
This site and all MyRxProfile, LLC service, applications or sites are solely for the purpose of acting as a secondary general informational resource to provide consumers with general information regarding prescriptive and over-the-counter medications and health care supplements and products as provided by the manufacturers, suppliers and/or third party information collection services.
You, the user, expressly and directly acknowledge and agree that MyRxProfile, LLC cannot be, and is not in any way liable or responsible to you or anyone else for your use, actions, decisions, or the consequences thereof, regardless of how severe, arising out of or related in any way to your use of any part or portion of MyRxProfile, LLC services, applications or sites, including but not limited to your choices regarding medical or health care or treatment of any kind for you or any other person, including but not limited to any injury, loss, damage or death. MyRxProfile is not a medical or healthcare provider or service provider and does not endorse, advise, recommend, condone, prescribe or determine any course of conduct, treatment, medication, healthcare or other medical advice.
MyRxProfile, LLC does its best to ensure all relevant information on the website is as complete as possible, accurate and current. We ask our third party providers to constantly update information and data, however because MyRxProfile, LLC does not generate, develop or create the medical/health care data it provides, MyRxProfile, LLC cannot and does not guarantee or warrant in any way, and to the maximum extent allowed by law, the accuracy, detail, scope, timeliness or competence of any and all information, data, or contents provided on or through any MyRxProfile, LLC service or site. Additionally, statements on MyRxProfile, LLC sites, apps and services about certain medications, remedies and over-the-counter supplements are not those of MyRxProfile, LLC, nor are they endorsements about the safety, value or efficacy thereof, and have not been evaluated or approved by the US Food and Drug Administration and are not intended, and should not be construed, to diagnose, treat, cure, relieve, or prevent any illness, condition, disease or health problem. Only your doctor or healthcare professional can do that.
Similarly, the absence of any information, data, contraindication or warning does not imply or allow that no such information, data, contraindication or warning exists or applies. Your pharmacist, medical or healthcare provider should always be your primary information source and should always be consulted with regard to your use of any medical or healthcare product, service or prescription.
By using any MyRxProfile, LLC service or site you expressly and unequivocally agree and consent to all of the terms and conditions of use herein, including your agreement and understanding that MyRxProfile, LLC services, applications and sites do not provide any medical or health care service or function of any kind or manner, including but not limited to the diagnosis, prognosis, opinions, examination, consultation, suggestion, recommendation or endorsement of any medical or healthcare means, methods, treatments, medications, therapies, or courses of conduct or action. Because of this fact, and the fact that every individual’s physiology, health, health history, and bodies differ, and your care and treatment depends on myriad factors, including, but not limited to, your medical history, diet, lifestyle, and medication regimen, you must always consult your licensed or authorized medical or healthcare professional or practitioner with any medical or healthcare questions, treatment or consultation, or when changing any aspect of your diet, exercise, activity, or healthcare, and you must never consider any MyRxProfile, LLC service or site as a safe, effective or appropriate substitute or replacement for seeking proper and appropriate medical or healthcare consultation, products or services.
You expressly agree and consent that MyRxProfile, LLC services, applications and sites may, in the course of business, use, depict or display various marketing, promotional or advertising content; but you also understand that despite such content, MyRxProfile, LLC services, applications and sites do not in any way promote, endorse, back or support the sale, purchase or use of any medicine, prescription, over-the-counter products or other goods or services, even if they are the subject of an advertisement on the MyRxProfile, LLC service or site.
Disclaimer of Warranties, Waivers and Releases
Each user acknowledges that all MyRxProfile, LLC sites, applications, services and information, as well as any products or services sold, provided or delivered by or through any MyRxProfile, LLC sites, applications or services, are provided without warranty or guarantee of any kind, and are provided on an “as is” basis. except for those warranties which can’t be disclaimed as a matter of law, MyRxProfile, LLC and its associates [MyRxProfile, LLC and its agents, representatives, owners, shareholders, directors, affiliates, employees, officers, vendors, partners, third party providers, contractors and subcontractors (all collectively referred to herein as “associates”)] make no promises, guarantees, representations or warranties whatsoever, express or implied, including but not limited to representations or warranties as to merchantability or fitness for a particular purpose or warranties regarding any products or services sold, provided or delivered by or through any MyRxProfile, LLC site, applications or services or the content, accuracy, timeliness, completeness or nature of the data, information or content of the services, applications or sites, including but not limited to warranties of title, non-infringement, and MyRxProfile, LLC expressly disclaims and denies any and all such alleged obligations or duties to the maximum extent allowed by law.
Further, without any limitation on the disclaimers stated herein, MyRxProfile, LLC sites, applications and services have been designed solely for use in the United States only and covers only some, not all, of the drug products used in practice in the United States.
MyRxProfile, LLC and it associates therefore expressly do not conduct or provide clinical information or checks for drugs not generally available for sale in the united states and disclaims all liability for use outside of the United States.
All users agree and expressly acknowledge that all updates, if any, to MyRxProfile, LLC sites, applications or services are conducted at the sole discretion of MyRxProfile, LLC, and that MyRxProfile, LLC may not make changes or updates to its sites, applications or services, despite the manufacturer or producer of a service or product issuing changes or a third party providing MyRxProfile, LLC with notice of any such changes or updates. While MyRxProfile, LLC reserves all rights to correct any errors, omissions, or inaccuracies, MyRxProfile, LLC and its Associates shall have no responsibility or duty of any kind to anyone for the accuracy or inaccuracy, reliability, timeliness, or completeness of any information, content, service, or merchandise presented therein (even typographical or imaging errors), including but not limited to the ingredients, accuracy, efficacy or sufficiency of any product, service or information listed in or on the sites, apps or services. Further, we do not promise, guarantee or warrant that any service, app or site will not suffer technical failures of any kind, or will operate without interruption or error, or remain available or usable at any time, including discontinuing the app, services or sites completely.
MyRxProfile, LLC and its Associates make no representations or warranties of any kind whatsoever, express or implied, with respect to the compatibility of its sites, applications or services, or future versions thereof, with any computer hardware, operating system, or software. Further, MyRxProfile, LLC and its Associates do not in any way represent or warrant the continuity any aspect of the features or the services provided by or through the services, applications or sites in the future.
MyRxProfile, LLC and its Associates expressly disclaim and refute all responsibilities, duties or obligations of any kind to any user if: (a) the user intentionally or negligently, with or without knowledge, changes, alters, misuses or improperly uses, stores or installs all, or any portion of the MyRxProfile, LLC sites, applications or services, (b) the user uses, accesses, stores or installs the services on a insufficient or sub-standard system, phone, computer or other device which fails to meet the following specifications:
MyRxProfile may be installed on, and is supported for any device that uses the iOS 9 operating system.
Assumption of Risks, Disclaimers of Liability, Indemnity
Each user, by accessing and/or using any MyRxProfile, LLC site or services, and to the maximum extent allowed by law, assumes any and all risk for their use of the MyRxProfile, LLC sites, applications and services and all content provided therein. MyRxProfile, LLC and its associates shall not under any circumstances be liable or responsible to any person or party for any errors, misuse, misunderstanding, misstatements, inaccuracies or omissions in or arising from any data or information provided through the sites, applications or services, or any interference, delay, unavailability or interruption in the provision of the sites, applications or services.
Each user personally and expressly agrees and acknowledges that MyRxProfile, LLC has no duty, control of or responsibility for that person’s use of the sites, applications service or information provided therein, and that MyRxProfile has no implied or express understanding or knowledge of each user’s particular or unique use or intentions to use. Accordingly, MyRxProfile, LLC and its associates expressly refuse and disclaim, and in fact can not have any duty or obligation to notify, revise, update or supplement any part or portion of the sites, applications or services, with regard to any individual, nor to its users at large, and shall have no liability for loss or damage of any kind to any person for any data or information provided to MyRxProfile, LLC by third parties.
MyRxProfile, LLC and its associates shall not be liable to any person (including but not limited to any health care or medical professional) treating or providing diagnosis, prescriptions, advice, guidance or any other health or medical care or treatment of any kind which in any way relies on, is related to or arises out of use of the information, content or data provided by or through MyRxProfile sites, applications or services, and all users agree to fully, legally and completely, release, defend, indemnify, hold harmless and fully finally and forever waive and release as against, MyRxProfile, LLC and its associates, of and from, any and all lawsuits, litigation, claims, actions, legal or administrative proceedings of any kind, costs, expenses, fees (including but not limited to all attorney’s fees, expenses and costs), damages or losses or injuries of any kind, including death or incapacities, or losses for tort, breach of contract, personal injury, medical malpractice or product liability or any other cause of action or claim, including but not limited to any special, incidental, consequential, direct or indirect damages, including damages for loss of profits, loss of business, business opportunity, time, or advantage, even if MyRxProfile, LLC or its associates have been notified of the possibility of such damages ( hereinafter, all collectively referred to as “claims”) arising out of or in any way relating to the use, content or delivery of MyRxProfile, LLC sites, applications, content, information, services, or the content or information provided therein.
The information contained within the sites, applications and service is intended for use only as an informational tool and end-users are directed to consult with their doctors, pharmacists and/or other healthcare professional of their choice regarding their particular concerns for proper examination, diagnosis or consultation.
Each MyRxProfile, LLC site, application or service user expressly assumes the full legal and personal risk, duty and responsibility for appropriate use, if any, of the MyRxProfile, LLC site, application or service used.
To the maximum extent allowed by law, MyRxProfile, LLC and its associates total maximum collective and cumulative liability to any user for any and all damages claimed, shall be strictly and contractually limited to the fees, if any, received or charged by MyRxProfile, LLC for the use of its services.
You consent, acknowledge and agree that each and all of the disclaimers, releases and limitations set forth above and herein are fundamental elements of this agreement use of any MyRxProfile, LLC site, app or service is expressly and strictly conditioned upon this understanding that the apps, services and sites would not be provided to you absent such limitations and conditions and your agreement thereto.
MyRxProfile, LLC Site, Application and Services Content, Data and Information
The various MyRxProfile, LLC sites, apps and services Content, Data and Information provides generalized content that must never be taken by the user as specific to their personal and unique health status. You should never self-medicate and nothing in our sites apps or services is intended to serve as a guide or advice. That is the job of your personal doctor or other medical/healthcare provider, so you should never use our site, app or service information for that purpose, or as a substitute for seeking professional healthcare, advice, treatment or diagnosis from a licensed or authorized healthcare provider. MyRxProfile, LLC sites, apps and services are provided merely as a reference for prescriptive and health related information and our resources are not intended and must not be used to provide medical or healthcare services of any kind, anywhere. If you have any questions about your health, treatment, or medication, you should always discuss them with the appropriate doctor, pharmacist, nurse, or other licensed health care professional. You should also closely and carefully read all package inserts and product information provided with any prescription you receive for the best, most up-to-date, correct and accurate information about dosages, warnings, cautionary information, possible interactions, and contraindications before giving, taking or using any medical or health related device, prescription, drug, over-the-counter medicine, remedy, herbs or homeopathic remedy, vitamins or supplements, whether or not they are listed on any MyRxProfile, LLC site, app or service.
User Consent to Third Party Terms and Conditions
Because MyRxProfile, LLC sites, apps and services rely upon third party providers to constantly update information and data, and because MyRxProfile, LLC does not generate, develop or create the medical/health care data it provides, each user, in consenting to the terms and conditions herein, also agrees to abide by and be held legally bound to the terms and conditions of use and policies for each individual provider that MyRxProfile, LLC uses.
PLEASE CLICK ON THE LINKS BELOW TO REVIEW THE TERMS AND CONDITIONS AND POLICIES FOR PROVIDERS:
https://www.aptible.com/legal/terms_of_service.html
http://www.cerner.com/Terms_Of_Use/
Information Regarding Trademarks and Copyrights Notices and Proprietary Rights
ll MyRxProfile, LLC site, applications and services and all contents thereof, are subject to trademark, service mark, copyright, and/or other intellectual property rights held by MyRxProfile, LLC or those of the represented products and services displayed or provided therein. MyRxProfile, LLC makes no claim to the marks or rights, including title and full intellectual property rights protected by US or international copyright laws belonging to those of other entities or persons and those rights belong solely to those owners.
Unless as otherwise permitted by the owners or by applicable law, you may not take, copy or distribute in any way, via any form of media or technology, any data, depiction or display of any kind from our sites, apps or services that is protected by copyright, or other intellectual property right, without obtaining express written permission of the owner of those rights.
You may not copy, acquire, monitor, re-publish, distribute, modify or assert control or ownership of any part, aspect or portion of any MyRxProfile, LLC site, service or application, or their users, for any reason via any means or method without the written consent of MyRxProfile, LLC.
You agree that any communications you direct to MyRxProfile, LLC become the sole and exclusive property of MyRxProfile, LLC , and may be used by MyRxProfile, LLC without license or remuneration of any kind by or to you, for any purpose including using your wireless phone number, if provided, to contact you personally or via automated programs.
General Information
Governing Law. These agreements, terms and conditions and policies shall be governed by the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the state of New Jersey. If any court action is necessary to enforce the terms and conditions of this Agreement, the Parties hereby agree that the Business Litigation Court of New Jersey, County of Monmouth, shall be the sole jurisdiction and venue for the bringing of such action.
No failure by MyRxProfile, LLC to insist on the strict performance of any covenant, duty, agreement, term or condition of this agreement or to exercise any right or remedy on a breach shall constitute a waiver of any such breach or of any other covenant, duty, agreement, or condition.