PHARMACARECARD, LLC. WEB SITE: TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE PHARMACARECARD WEB SITE.
1.0 RESTRICTIONS ON USE OF THE WEB SITE
The PHARMACARECARD is committed to providing information on a wide range of insurance and general topics for the use of clients, surrogates and health care professionals. The information links and affiliations available on the web site is for informational purposes only, and is not to be used for commercial purposes outside of the Web Site or for full insurance policy terms. All PHARMACARECARD materials are developed by PHARMACARECARD internet technicians, executives and staff.
Although medical and health information is published on the PHARMACARECARD Web Site, this is no substitute for proper medical advice, diagnosis, treatment or care. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. We encourage you to review all information on the Web Site and to consult your physician or PHARMACARECARD sales and broker team if you still have questions. In no event shall the PHARMACARECARD be liable to Visitors or anyone else for any decision or action taken by you in reliance on information available on the PHARMACARECARD Web Site.
There are portions of the PHARMACARECARD Web Site that allow you to report private and confidential information of patients and or facilities.
INFORMATION WE COLLECT
We collect non-public information from numerous patients, clinics, agencies and or facilities including, but not limited to:
Information we receive from you on applications and other forms;
Information about your transactions with our affiliates, others or us;
Information we receive from consumer-reporting agencies; and
Financial and medical sources.
This Web Site contains material which is protected by copyright and trademark laws. Visitors may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any information, content or material from this Web Site. Visitors may download material from this Web Site only for their personal, provided all copyright and other proprietary notices remain intact on all downloaded materials. You may not sell any of the information, content or materials from this Web Site for any reason.
Notwithstanding the above, PHARMACARECARD has no obligation to monitor the use of the Web Site; however, it reserves the right to do so.
PHARMACARECARD reserves the right to monitor usage of the PHARMACARECARD Web Site through Visitor Statistics. Visitor Statistics will be used to track PHARMACARECARD online publications as well as visitor interests, which may be used to enhance and improve the PHARMACARECARD Web Site in the future. Visitor Statistics do not include personally identifiable information. Cookie files placed on a Visitor's machine are only stored with the Visitor's consent and express permission and only for the purpose of enhancing navigation on the PHARMACARECARD Web Site.
No personally identifiable information is tracked or collected for non-PHARMACARECARD Members unless such Visitor voluntarily provides personally identifiable information to the PHARMACARECARD via web forms or questionnaires on the PHARMACARECARD Web Site or for purposes of receiving the PHARMACARECARD's online publications or applications. PHARMACARECARD Members are required to submit certain personally identifiable information as part of the application process, and may voluntarily provide other personally identifiable information to the PHARMACARECARD via web forms or surveys on the PHARMACARECARD Web Site. Any personally identifiable information received by the PHARMACARECARD is used solely for internal PHARMACARECARD purposes and is not shared with any nonaffiliated organizations. The PHARMACARECARD does not sell or otherwise distribute names or other personally identifiable information to third parties for direct marketing, sales or any other purposes.
Credit card information gathered through the PHARMACARECARD Web Site for the purpose of purchasing products and is transmitted over a secure socket layer connection. Credit Card information is not stored or reused by PHARMACARECARD after the requested purchase is complete. Only authorized PHARMACARECARD personnel can access credit card information provided by the Visitor, and such access is made only at the Visitor's request.
The PHARMACARECARD Web Site is not designed or intended to attract children under the age of 13. The PHARMACARECARD does not collect any personally identifiable information, whether or not such information is voluntarily provided, from any person it actually knows is under the age of 13. If a parent or guardian accesses the PHARMACARECARD Web Site on behalf of a person under the age of 13, that parent or guardian is responsible for protecting that child's personally identifiable information.
Although the PHARMACARECARD makes every attempt to keep the information on the PHARMACARECARD Web Site accurate and up-to-date, the PHARMACARECARD cannot attest at all times to the accuracy and completeness of the information contained on this Web Site. ALL INFORMATION ON THE PHARMACARECARD WEB SITE IS PROVIDED "AS IS" AND THE PHARMACARECARD MAKES NO WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECTNESS OF THE INFORMATION AND MATERIAL CONTAINED ON THIS Web Site. THE PHARMACARECARD EXPRESSLY DISCLAIMS ALL WARRANTIES REGARDING THE Web Site, THE MATERIAL AND INFORMATION ON THE Web Site OR VISITORS' ABILITY TO ACCESS AND USE THE WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
This Web Site shall be deemed to create contracts between the PHARMACARECARD and a potential Client the Web Site does not give a Visitor any rights against the PHARMACARECARD for damages of any kind, whether direct, indirect, or consequential.
All Web Site information is subject to change without prior notice. The PHARMACARECARD makes no warranties or representations concerning the availability or functionality of information contained on its Web Site or that the Web Site will be accessible on an uninterrupted or error-free basis or that this Web Site, including the discussion lists, bulletin boards, chat rooms or the server will be free of viruses or other harmful components or programs.
This Web Site may contain health or medical related materials which Visitors may find sexually explicit. Opinions expressed in Discussion Forums or in other Visitor submissions to the Web Site are those of the Visitor posting such opinion and do not necessarily reflect the opinions or policies of the PHARMACARECARD.
4.0 LIMITATION OF LIABILITY OF PHARMACARECARD
The use of the PHARMACARECARD Web Site and information contained on the Web Site is at Visitor's own risk.
Under no circumstances shall the PHARMACARECARD, its subsidiaries, affiliates, officers, directors, employees, agents or representatives be liable for direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the PHARMACARECARD Web Site, even if the PHARMACARECARD has been advised of such a possibility. If you are dissatisfied with any materials or information provided on the PHARMACARECARD Web Site, your sole and exclusive remedy is to discontinue using the PHARMACARECARD Web Site.
When you are using the Web Site, information that you submit will be transmitted via the internet and such transmission is beyond the control of the PHARMACARECARD. PHARMACARECARD assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Web Site.
5.0 VISITOR SUBMISSIONS TO THE WEB SITE
Confidential information of any type, including without limitation, personally identifiable information and/or patient identifiable information, should never be disclosed on the PHARMACARECARD Web Site, including without limitation the Discussion Forums, because the Web Site is a public forum. Neither PHARMACARECARD Members nor non-Member physicians or health care providers who are visiting the PHARMACARECARD Web Site should, under any circumstances, disclose any information that could directly or indirectly lead to the identification of a client/patient and such physician or health care provider Visitors should only disclose the information necessary to receive helpful consultation from other health professionals.
In addition to the restrictions set forth above in the section entitled Restrictions on Use of the Web Site, Visitors agree not to upload or transmit any information of any type that infringes or violates any rights of a third party. By posting messages, uploading files, inputting data, or engaging in any other forms of communication through this Web Site, you are granting the PHARMACARECARD a royalty-free, perpetual, non-exclusive, unrestricted worldwide license to use, copy, publish, sublicense, adapt, transmit and display any such communication or to sublicense third parties to exercise any of the foregoing rights.
Visitors agree not to upload to or transmit via the PHARMACARECARD Web Site any material for a commercial or business purpose. Visitor specifically acknowledges and agrees that the PHARMACARECARD is not liable for postings by any Visitors that are in violation of these Terms and Conditions of Use.
Visitors acknowledge and agree that the PHARMACARECARD has no obligation to monitor Visitor submissions to the Web Site; however, the PHARMACARECARD reserves the right to monitor such submissions to record any such submissions, to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any submitted information or materials, in whole or in part, that, in the PHARMACARECARD's sole discretion, are objectionable, in violation of the law, or in violation of these Terms and Conditions of Use.
The PHARMACARECARD has not reviewed the contents of external Web Sites listed on the PHARMACARECARD Web Site, nor can the PHARMACARECARD endorse such Web Sites or the views expressed within. The PHARMACARECARD is not responsible for the contents, truthfulness or propriety of any links to or from the PHARMACARECARD Web Site. Visitors acknowledge and agree that the PHARMACARECARD is not 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 information, content, goods, or services available on or through any such linked site.
Visitors agree to defend, indemnify, and hold the PHARMACARECARD, its officers, directors, employees, agents, and representatives harmless from and against any claims, actions, causes of action, demands, liabilities or settlements, including without limitation attorneys' fees (collectively the "Claims"), resulting from, or alleged to result from, Visitor's violation of these Terms and Conditions of Use, including without limitation, Claims arising out of or resulting from Visitor's submission of personally identifiable information or personal health information of the Visitor or any third party.
8.0 GENERAL INFORMATION
This Terms and Conditions of Use and Visitor's use of the PHARMACARECARD Web Site shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. By using this Web Site, Visitor agrees that any dispute arising out of or in conjunction with the PHARMACARECARD Web Site shall be subject to the exclusive jurisdiction of and venue in the state or federal courts sitting in Los Angeles County, California.
The failure of the PHARMACARECARD at any time to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of such provision or of any other provision hereof or of the PHARMACARECARD's right to thereafter enforce any provision hereof.
If any provision of these Terms and Conditions of Use is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be deemed severed from these Terms and Conditions of Use and the remainder of the provisions shall remain in full force and effect.
These Terms and Conditions of Use represent the entire agreement between you, the Visitor, and the PHARMACARECARD with regard to use of this Web Site. These Terms and Conditions of Use can be altered or amended at any time, without notice, by the PHARMACARECARD by posting such changes to this Web Site.
If you have any questions regarding the Web Site, the PHARMACARECARD or the PHARMACARECARD policies, please contact PHARMACARECARD.