This Agreement was last revised on January 1, 2015.
Please read these Terms carefully. By using RxCheck™ or signing up for an account, you're agreeing to these Terms. This is a legal agreement.
We'll start with the basics, including a few definitions that should help you understand this agreement. RxCheck™ ("RxCheck™” or the "Service”) is a consumer education and clinical decision support tool offered through the URL www.RxCheck™.com (we'll refer to it as the "Website”) that allows you to surface ways to save on medications. RxCheck™ is owned and operated by RxCheck™, Inc., a Delaware C-Corporation ("RxCheck™,” "we,” or "us”). RxCheck™ has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that's a customer of the Service, you're a "Member” according to this agreement (or "you”).
In order to use RxCheck™, you must:
By using RxCheck™, you represent and warrant that you meet all the requirements listed above, and that you won't use RxCheck™ in a way that violates any laws or regulations. RxCheck™ may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for RxCheck™ and continues as long as you use the Service. Clicking the button to create your account means that you've officially "signed” the Terms. If you sign up for RxCheck™ on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
You shall respect our proprietary rights in the Website and the software used to provide RxCheck™ (proprietary rights include patents, trademarks, service marks, and copyrights). It is not acceptable to "scrape,” or manually copy our data for any commercial or research purpose, without express written permission from RxCheck™.
You represent and warrant that your use of RxCheck™ will comply with all applicable laws and regulations. You're responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. Our platform meets HIPPA standards, but your requirements may vary depending on use.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads or reports printed from our Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages.
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. All medication decisions must be made with your Doctor's approval. Our service is meant to help make cost-effective medication decisions, but should not be considered medical advice.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
In the event of a security breach that may affect you or your organization, we'll notify you of the breach and provide a description of what happened.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, RxCheck™, 1062 Delaware St., Denver, CO, 80204, or any addresses as we may later post on the Website.
Congratulations! You've reached the end. Thanks for taking the time to learn about RxCheck™'s policies.