PHARMACALL

PRIVACY POLICY

LAST REVISED: August 6, 2010

NO PERSONALLY IDENTIFIABLE INFORMATION IS DISCLOSED IN THIS PROCESS UNLESS AUTHORIZED BY YOU. PERSONALLY IDENTIFIABLE INFORMATION WILL NOT BE SOLD TO ANY COMPANY OR ORGANIZATION.

PHARMACALL understands that your privacy is important. Please note that by providing your name, address, or other information, you are giving PHARMACALL and companies working with us permission to communicate with you about your disease and medications that treat it. We will make reasonable efforts to maintain the confidentiality of the information you provide. We will not sell or transfer your name, address, or other personally identifiable information about you to any other party for its own marketing use.


POSITION STATEMENT

LAST REVISED: August 6, 2010

PHARMACALL is not a drug company nor a pharmacy, and does not sell medication of any kind. Its goal is to help patients maintain their medication regimen so they can achieve their therapeutic goals.


TERMS & CONDITIONS OF USE

LAST REVISED: August 6, 2010

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE.

This statement includes important legal language and definitions, so please read it carefully. By using any of our applications, the PHARMACALL website or program powered by PHARMACALL (collectively, the "Service"), you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, do not use this Service. PHARMACALL ("PHARMACALL" or the "Company") may make changes to the Service, these Terms and Conditions of Use, or the policies and rules that govern the use of the Service at any time. We encourage you to review the Service and these Terms and policies regularly for any updates or changes. Your continued access or use of the Service shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes.

THE SERVICE DOES NOT CONSTITUTE MEDICAL ADVICE AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. ALL QUESTIONS RELATING TO YOUR SPECIFIC HEALTH CONCERNS SHOULD BE DIRECTED TO YOUR DOCTOR. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.

PHARMACALL does not recommend or endorse any specific medications, procedures, opinions, or other information that may be mentioned on the Service or in its newsletters or other forms of communication. Reliance on any information provided by PHARMACALL or other third parties through the Service is solely at your own risk. PHARMACALL provides a means for patients and caregivers to receive Personal Medical Reminders based upon the individual needs and input of its users. These reminders are sent electronically through online computer systems. These computer systems may, from time to time despite the Company's best efforts, go offline and may not be able to send reminder messages at the designated time(s) or at all. You acknowledge, through your registration with the PHARMACALL's personal reminder service, that you understand and are aware this may happen and agree not to hold PHARMACALL liable for any reason, including without limitation missing a medication dose or failure to receive a reminder created on the system. The Service is designed to provide convenience, privacy, and information for individuals seeking to create and manage their own personal medical reminders and is intended for informational purposes only.

OVERVIEW
PHARMACALL offers a multi-purpose service that allows you to send/receive medication reminders by telephone, email, or text messaging. These Terms of Use apply to the PHARMACALL Service. All content and services made available through the Service that were not made available as of the "Last Revised" date above, shall automatically be deemed to be part of the PHARMACALL Service when first made available through the Service.

ELIGIBILITY
Use of the PHARMACALL Service is void where prohibited. By using this Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Use. You must be an individual of 18 years of age or older to register/enroll or use the Service. We strongly encourage parents, caregivers and guardians to supervise the activity of all those they select to receive the PHARMACALL Service.

SERVICE ACCURACY & AVAILABILITY
PHARMACALL and its affiliates attempt to be as accurate as possible. However, PHARMACALL does not warrant that product or service is accurate, complete, reliable, current, or error-free, and will not be held liable for such inaccuracies. Nor does it warrant that reminders will be executable at all times. PHARMACALL will not be held responsible in any way for any damages, real or perceived, resulting from its failure to deliver reminders regardless of the cause of such failure.

REGISTRATION/ENROLLMENT
You are required to open an account by registering/enrolling with PHARMACALL, and satisfing a nonrefundable membership fee (which may or may not be applicable), if you want to receive (or send to a third party) medication reminders by phone, email or text messaging, save and access saved information, view and edit your account. Please note that not all of the features in the previous sentence may be available at any given time and that PHARMACALL may require registration/enrollment or additional nonrefundable fees for additional features that may be developed or added to the PHARMACALL Service from time to time. In order to register/enroll with PHARMACALL you must supply all information requested which may include a valid phone number and/or email address, physical address, your name, ZIP code, and a password. You may also be asked to provide certain demographic information, including an image, interests and/or other requested information such as health conditions and medications being taken for the treatment of those health conditions. You are solely responsible for maintaining the confidentiality of your password and account, and agree not to transfer your email address or password, or lend or otherwise transfer your use of or access to the PHARMACALL Service, to any third party. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available in your Account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security related to your account or the PHARMACALL Service, and to ensure that you "log off"/exit from your account (if applicable) at the end of each session. We are not liable for any loss, damage or injury arising from your failure to comply with any of the foregoing obligations. In consideration for using the PHARMACALL Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the PHARMACALL Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration sign-up is inaccurate, PHARMACALL reserves the right to terminate your account immediately and your right to use the PHARMACALL Service.

YOUR ACCOUNT OBLIGATIONS
In consideration of your use of the Service, you agree to:

  1. Provide true, accurate, current and complete information about yourself and/or the intended recipient of medication reminders under your care in your account information (the "Account Information"); and
  2. Maintain and promptly update your Account Information to keep it true, accurate, current and complete.
  3. Satisfy a nonrefundable membership fee (which may or may not be applicable).

This statement includes important legal language and definitions, so please read it carefully. By using any of our applications, the PHARMACALL website, service or program powered by PHARMACALL (collectively, the "Service"), you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of Use, do not use this Service. PHARMACALL ("PHARMACALL" or the "Company") may make changes to the Service, these Terms and Conditions of Use, or the policies and rules that govern the use of the Service at any time. We encourage you to review the Service and these Terms and policies regularly for any updates or changes. Your continued access or use of the Service shall be deemed your acceptance of any changes and the reasonableness of these standards for notice of changes.

During the registration process you will create a user name and password. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

YOU ACKNOWLEDGE THAT PHARMACALL CANNOT PROTECT ANY INFORMATION ONCE IT HAS BEEN TRANSMITTED TO YOU. IF YOU SHARE A PHONE NUMBER OR EMAIL ADDRESS WITH ANYONE ELSE (FOR EXAMPLE, A FAMILY MEMBER), INFORMATION TRANSMITTED TO THAT PHONE OR EMAIL ADDRESS MAY BE ACCESSED BY THAT OTHER PERSON. YOU SHOULD CONSIDER ANY SHARED USE WHEN CREATING YOUR REMINDER ON THE PHARMACALL SERVICE.

YOUR CONDUCT
Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service only for lawful purposes. You are prohibited from posting on or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

OPT-OUT CAPABILITIES
PHARMACALL provides its users & patients with the ability to opt-out of the Service at any time. Such opt-out capabilities are provided on our web site and by telephone.

SITE CONTENT
You acknowledge that the Service contains information, data, software, photographs, graphics, text, images, typefaces, and other material (collectively, the "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and International copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal, information and non- commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software, if any.

DISCLAIMERS
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR AFFILIATES, NOR ANY OF OUR OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, THE "ASSOCIATES"), WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR OUR ASSOCIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE AND OUR ASSOCIATES SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR ASSOCIATES SHALL CREATE A WARRANTY.

All information contained on the Service or in the Company's external communications, including information relating to medical and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals or any information contained on or in any product packaging or labels. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THE SERVICE FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT PURCHASED OR REFERENCED ON THE SERVICE OR THE SUBJECT OF A PERSONAL MEDICAL REMINDER. YOU SHOULD ALWAYS CONSULT YOUR OWN PHYSICIAN AND MEDICAL ADVISORS. INFORMATION OBTAINED BY USING THE SERVICE IS NOT EXHAUSTIVE AND DOES NOT COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS OR THEIR TREATMENT. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Further, we explicitly disclaim any liability relating in any way to the accuracy, content, or availability of information found on the Service or other applications that link to or from the Service from third parties not associated with us. We encourage discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites/services, and you hereby irrevocably waive any claim against us with respect to such sites/services.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (i) THE USE OF OR INABILITY TO USE THE SERVICE, (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

LINKS TO THIRD PARTIES
The PHARMACALL Service may provide, or third parties may provide, links to other companies, marketers, advertisers, services or resources. Because we have no control over such third parties, you acknowledge and agree that we are not responsible for the availability of such third parties, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials (collectively, "Third Party Materials/Content") on or available from such third parties. You understand that you may be exposed to Third Party Materials/Content that are offensive or objectionable. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third Party Materials/Content available on or through any such third party.

YOUR CONTACT WITH ADVERTISERS OR THIRD PARTY VENDORS
Third parties other than PHARMACALL and its affiliates may operate stores, provide services, advertise, or sell products through our service. In addition, we may provide access to affiliates and certain other third parties. Your dealings with advertisers and third party vendors found on or through the PHARMACALL Service, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. PHARMACALL does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that PHARMACALL will have no liability for any loss, damage or injury or injury of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Service or the actions of such third parties. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which PHARMACALL has no control and which will govern your rights and obligations with respect to the use of those such third party ’s product, services or Websites.

TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS
PHARMACALL shall not be liable for your interactions with any organizations and/or individuals found on or through the PHARMACALL Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. PHARMACALL reserves the right, but has no obligation to become involved in or monitor disputes between you and organizations and/or individuals found on or through the PHARMACALL Service.

USE BY CHILDREN
The Service is strictly limited to persons 21 years of age and older. The Service has not been built or designed for children, nor is the Service directed toward children. Children may not use the Service. In the event a parent, caregiver, or guardian provides personal information regarding a child, we intend to comply with state and federal law, including, without limitation, the Children's Online Privacy Protection Act.

USER SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding the Service. We request that you be specific in your comments. If you send us comments, suggestions, ideas, materials, notes, drawings, concepts, or other information (collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, you agree that we shall exclusively own and you hereby assign to us without compensation or further obligation all now known or hereafter existing rights to the Submissions of every kind and nature, including copyrights, throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions, including the right to publish on the Service or elsewhere and to use the Submission, including any suggestions, ideas, etc. contained therein.

Not withstanding the forgoing, the personal information you submit to the Service is governed by the PHARMACALL Privacy Policy and will only be used for the purposes outlined therein. You agree that you will not send or transmit to PHARMACALL by any means any communication or content that infringes or violates any rights of any party.

You further agree that you will not upload or transmit any communications or content of any type that may infringe or violate any rights of any party. By submitting communications or content you agree that such submission is non-confidential for all purposes.

You represent and warrant that any submission that you make to the Service does not contain viruses or other similar harmful or deleterious programming routines.

You agree to indemnify and hold PHARMACALL, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any submission you post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any content derived from the Service to either a foreign national or a foreign destination in violation of such laws.

OUR RIGHTS
We may elect to electronically monitor areas of the Service and may disclose any content, data, or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) to operate the Service, if such disclosure is necessary or appropriate to do so; or (iii) to protect our rights or property or the rights of other users, sponsors, providers, licensors, or merchants. We are not responsible for screening, policing, editing, or monitoring content on the Service or included in any Personal Medical Reminder. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Service or suspend the delivery of Personal Medical Reminders containing such information.

We may terminate your access, or suspend your access to all or part of the Service, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider, or us.

LINKS TO THIRD PARTY SITES
Occasionally, we may make available a link to a third party's website or service. These links may let you leave the Service. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the site or its use or contents.

APPLICABLE LAW
We control the Service from our offices within the United States of America. We make no representation that the content in the Service or the services provided through the Service are appropriate or available for use in other locations. Access to the Service or its content and availability of the services provided through the Service from territories where the Service or its content or the service is illegal is prohibited. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to the Service, the services provided through the Service or the content shall be governed by the internal laws of the State of New York, without reference to its choice of law provisions.

TERMINATION
These Terms and Conditions of Use shall continue in full force and effect for so long as you are using the Service. If you no longer agree to be bound by these Terms and Conditions of Use, you must cease your use of the Service. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Service with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.

MODIFICATIONS TO THESE TERMS OF USE
PHARMACALL reserves the right to amend these Terms of Use at its sole discretion and any modifications shall be effective immediately upon posting. Please review these Terms of Use periodically. You can determine when these Terms of Use were last revised by referring to the "Last Revised On" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Use or any changes thereto, please do not continue using this Service.

GENERAL INFORMATION
These Terms and Conditions of Use, including the Privacy Policy referenced herein, constitute the entire agreement between us (you and us) and govern the use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service, the services provided through the Service or the Terms and Conditions of Use must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in this Terms and Conditions of Use are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PHARMACALL as result of these Terms and Conditions of Use or use of the Service.

NOTE: IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE THE PHARMACALL SERVICE OR THE PRODUCTS/SERVICES IT MAY OFFER.

TRADEMARKS
"PHARMACALL" is a DBA and registered trademark of TRX Interactive Communications Inc.
All other products and services mentioned are the properties of their respective holders.

© 2000 -    PHARMACALL All Rights Reserved. Any rights not expressly granted herein are reserved.

 
© 2000 -   PHARMACALL®   All rights reserved.   
All product and service names mentioned are
the properties of their respective holders.
Presented by PHARMACALL