TERMS AND CONDITIONS
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This website is operated by RushRx, Inc., (hereinafter, “RushRx”, “We”, or “Us”). These terms and conditions (the “Terms”) govern your access to the RushRx website www.rushrxinc.com, the RushRx mobile application, and any other services owned, controlled, or offered by RushRx, now or in the future (all collectively referred to as, the "Services"). The term “You” or “User” shall refer to any individual that views, uses, accesses, browses or submits any content or material to the Services.
These Terms are important and affect your legal rights, so please read them carefully. Note that these Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Services are offered to you conditioned on your acceptance without modification of Terms contained herein. Certain features, services or tools of the Services may be subject to additional guidelines, terms, or rules, which will be posted with those features and are a part of these Terms. Your use of the Services constitutes your agreement to all such Terms. Please read these terms carefully.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING, USING, OR BROWSING THE SERVICES, YOU ARE AFFIRMING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
1. USE OF OUR SERVICES
RushRx provides prescription delivery services across multiple cities in the
Subject to your compliance with its obligations under these Terms, we will provide you with access to the Services. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide without notice. We will not be liable if for any reason our Services are unavailable at any time or for any period.
You must be eighteen (18) years or over in order to use the Services.
2. REGISTRATION, ACCOUNT AND COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Services, you may need to have an account with us (the “Account”). We may maintain different types of Accounts for different types of Users. If you create an Account as a pharmacy or health care provider, then (i) “you” includes you and that entity; (ii) you represent and warrant that you are an authorized representative of the entity with authority to bind the entity to these Terms; and (iii) you agree to these Terms on the entity’s behalf. By creating an Account, you agree to (i) provide accurate, current and complete account information about yourself as necessary, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to Us, and (iv) immediately notify Us if you discover or otherwise suspect any security breaches related to your Account. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.
(a) Communication Preferences. By creating an Account, you also consent to receive electronic communications from Us (e.g., via email or by posting notices to the Services). These communications may include notices about your Account (e.g., password changes, updates and other transactional information) and are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Account Information; Updates. You agree to provide current, complete and accurate payment and account information for your Account. You promise to update the information you have provided to RushRx in the event of any changes to your driving record, contact information, or background. Specifically, with respect to your contact information, RushRx may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us.
(c) Account Access and Security. Also, you are, and will be solely responsible for, all of the activity that occurs through your Account, so please keep your password and RushRx Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your RushRx Account, whether or not you have authorized such activities or actions. You will immediately notify RushRx of any actual or suspected unauthorized use of your RushRx Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your RushRx Account after you have reported unauthorized access to us. We reserve the right to suspend the provision of the Services or any part thereof, if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading. You are responsible for all charges incurred under your Account, whether made by you or another person using your Account. You may not assign or otherwise transfer your Account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content from the Services if in our opinion, you have failed to comply with any of the provisions of these Terms.
3. ACCESS TO THE SERVICES
We shall use commercially reasonable efforts to ensure the availability of the Services, except that we shall not be liable for: (a) scheduled downtime; or (b) any unavailability caused directly or indirectly by circumstances beyond our reasonable control, including without limitation, (i) a force majeure event; (ii) Internet Host, webhosting, cloud computing platform, or public telecommunications network failures or delays, or denial of service attacks; (iii) a fault or failure of your computer systems or networks; or (iv) any breach by of these Terms by you.
4. NOT A PROVIDER OF MEDICAL ADVICE
Any information supplied through the Services or by any of our employees or
agents, whether by telephone, e-mail, video call, letter, facsimile or other
form of communication, is for informational purposes or general guidance, and
does not constitute medical or other professional advice. It is important that
you not make medical decisions without first consulting your personal physician
or other healthcare professional.
The assessments and guidance made through the Services is not a medical evaluation and does not replace a visit to a licensed professional. It is not designed to be used as a diagnosis for illness or other conditions, for treatment, or for the mitigation or prevention of illness. Only licensed professionals can take decisions on medical treatment or diagnosis. YOUR USE OF THE SERVICES IS NOT A SUBSTITUTE FOR HEALTHCARE. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES OR CONTENT. THIS IS TRUE WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM RUSHRX.
DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND/OR 911. NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR OTHER PROFESSIONAL HEALTHCARE ADVICE, OR THE PROVISION OF MEDICAL CARE.
(a) Payment Information. By entering your payment information on the Services when requested, you authorize a third-party payment processor (“Payment Processor”) to charge and process the fees and charges assessed in connection with your purchase. We may ask you to supply information relevant to your purchase including your credit card number, the expiration date of your credit card, and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. If you pay any amounts with a credit card, we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for a transaction. While We take reasonable efforts to ensure secure transmission of your information to third parties who assess and process payments, We are not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, your mistaken submission of payment information, or your submission of erroneous payment information. The Payment Processor is responsible for transacting such payments through its platform, and you agree to release and hold Us harmless from any errors, negligence or misconduct by the Payment Processor. You authorize Payment Processor to directly remit Us any applicable fees owed to Us. RushRx is not liable for any fees incurred due to billing errors.
(b) Pricing Modifications; Promo Codes. RushRx reserves the right to establish, remove, and/or revise prices, fees, and/or surcharges for any or all services obtained through the use of the Services. RushRx may also, in our sole discretion, make promotional offers with different features and different rates to any or all of our customers. Unless made to you, these promotional offers will have no bearing on your obligation to pay the amounts charged. RushRx may, from time to time in its sole discretion, offer specific promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Us at any time in our sole discretion.
6. TERMINATION OR SUSPENSION OF SERVICES
RushRx reserves the right to refuse or suspend access to any user, for any reason or no reason, and without any notice. RushRx may suspend your use of the RushRx Services or any portion thereof if RushRx believes that you have breached these Terms, or for any other reason, at its sole discretion. You agree that any termination of your access to the RushRx Services may be without prior notice, and you agree that RushRx will not be liable to you or any third party for any such termination. Where needed, we reserve the right to alert local law enforcement authorities about suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services.
7. PROHIBITED USES
Use of the Services is limited to the permitted uses expressly authorized by us. Any violation of this Agreement by your user content, as determined by RushRx in its sole discretion, may result in the termination of your access to the Services. The Services shall not be used to:
- (a) Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
- (b) Engage in any unlawful, fraudulent, or deceptive activities;
- (c) Misrepresent the source, identity, or content of information transmitted via the Services;
- (d) Use technology or other means to access unauthorized content or non-public spaces;
- (e) Use or launch any automated system or process, including without limitation, "bots," "spiders," or "crawlers," to access unauthorized content or non-public spaces;
- (f) Attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (g) Probe, scan, or test the vulnerability of the Services or any system or network; use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;
- (h) Use the Services in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the Services could lead to death, personal injury, or physical or property damage;
- (i) Modify the Services in any manner or form; use or develop any application that interacts with the Services or provides access to other users' content or information without our written permission; or use modified versions of the Services, including to obtain unauthorized access to the Services;
- (j) Attempt to damage, disable, overburden, or impair our servers or networks;
- (k) Attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to RushRx, or any part of it, through hacking, password mining or any other means, or interfere or attempt to interfere with the proper working of or any activities conducted on the Services;
- (l) Display the Services or profile data on any external display or monitor or in any public setting without obtaining the prior consent of all participants. Furthermore, you may not display the Services or profile data on any external display or monitor or in any public setting in a manner that infringes on the intended use of the Services;
- (m) Encourage the commission or encouragement of any illegal purpose, or in violation of any local, state, national, or international law, including laws governing criminal acts, prohibited or controlled substances, intellectual property and other proprietary rights, data protection and privacy, and import or export control; or
- (n) violate these Terms in any manner;
8. INTELLECTUAL PROPERTY RIGHTS
You are granted a non-exclusive, non-transferable, revocable license to access
and use the Services strictly in accordance with these Terms. As a condition of
your use of the Services, you warrant to Us that you will not use the Services
for any purpose that is unlawful or prohibited by these Terms. You may not use
the Services in any manner which could damage, disable, overburden, or impair
the Services or interfere with any other party's use and enjoyment of the
Services. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the
All content included as part of the Services, such as text, graphics, videos, logos, images, as well as the compilation thereof, and any software used on the Services, is the property of RushRx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. Our content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of RushRx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of RushRx or our licensors except as expressly authorized by these Terms.
9. DMCA NOTICE AND TAKEDOWN POLICY
RushRx respects intellectual property rights and expects its users to do the same. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any of the Services infringes Your copyrights, then you may submit a notification by providing RushRx’ Designated Copyright Agent with the following information in writing: