RxSense Terms of Service
The terms and conditions provide important information about consumer and individual use of our pharmacy benefit management (“PBM”) enterprise platform solutions and associated services.
Please read these terms before
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using the website or member portal (the “Site”) through which you access information about the pharmacy benefits provided by your employer, health plan, or other pharmacy benefit provider (the “Provider”) which may include www.rxsense.flywheelsites.com or any another website made available to you through the Provider, or
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using any services, content, information, or goods provided through or in connection with the Site or by or on behalf of the Provider or RxSense Group LLC or one of its subsidiaries or affiliates (together with the Site, collectively, the “Service”).
By clicking or tapping “I agree,” “I accept,” or any other similar button or box with respect to these terms, or by using the Service, you expressly agree to be bound by these terms, which constitutes an agreement between you and RxSense Holdings LLC (“RxSense,” “us” or “we”), and which incorporates by this reference any additional terms and conditions posted by RxSense or the Provider through the Site, or otherwise made available to you by RxSense. Certain information and resources contained on and accessible through the Service may be made available by third party suppliers to Provider and/or RxSense, in each case subject to your agreement to these terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By using the Service, you affirm that you are of legal age to agree to these terms. We may update these terms at any time and may notify you of such updates by any reasonable means, including by posting a notice of the updated terms to the Site. You agree that we may update these terms from time to time without notice, and you agree to review these terms concurrent with your use of the Services to identify any updates thereto. The last date of any updates will appear at the top of these terms. YOUR CONTINUED USE OF THE SERVICE FOLLOWING ANY UPDATES TO THESE TERMS SHALL CONSTITUTE NOTICE AND ACCEPTANCE OF THE UPDATED TERMS.
In addition to these terms, the terms of our Privacy Policy, located here: https://rxsense.com/privacy-policy, and our HIPAA Policy, located here: https://rxsense.com/hipaa, also apply to your use of the Services.
Pharmacy Benefit Management Services
You acknowledge and agree that, to be a registered user of the Service, you must be eligible to receive Provider and/or RxSense online Services. You may be asked to supply a user ID and password and other information, whether provided to you by your Provider or otherwise, to register to use all or part of the Service.
Your Plan
Information about your pharmacy benefit is accessible through the Site, including the description of your pharmacy benefit plan. Your Provider is responsible for the design of your pharmacy benefit and the criteria for eligibility, co-payments, ingredient costs, network pharmacies, formulary, and other features of your Plan are the sole responsibility of your Provider.
Health Information
Any health information provided on the Site (including instructions for administration, therapeutically equivalent drugs, and similar information) is provided for informational purposes and is not a substitute for proper medical advice, diagnosis, or treatment. It is for reference only and should not be used to determine treatment for specific medical conditions. You should never disregard, avoid or delay obtaining medical advice from a licensed practitioner because of information made available through the Service.
The Service and its health related information and resources are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction. You should discuss the information provided with a physician, pharmacist, nurse, or other licensed health care professional. You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on the Service.
You understand and agree that neither the Provider nor RxSense nor their respective suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of the Service or the information resources contained on or accessible through the Service.
RxSense and its affiliates do not provide any form of insurance. The inclusion of information about any particular pharmaceutical or other product does not indicate anything about whether any insurance plan may or may not provide benefits with respect to that product. All such information is subject to the documentation provided to you about your Provider with respect to your Plan.
Product Prices
Price (including the validity of any coupon or discount), quantity, availability of any product or service, and shipping methods and shipping rates, and any other information, descriptions, or images available through the Service regarding any products or services, are subject to change without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. It is your responsibility to ascertain and obey all applicable local, state, federal, and foreign laws (including minimum age requirements) regarding the possession, use, and sale of any products or services available through or in connection with the Service. Verification of information may be required prior to the acknowledgment or completion of any transaction. Further terms and conditions related to transactions in connection with the Service may apply. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred, including all shipping and handling charges.
User-Submitted Data
“User Submitted Data” includes user IDs, email addresses, passwords, comments, photographs, images, graphics, text, and data, and any other forms of materials or information submitted, posted, or transmitted by Service users through or otherwise in connection with the Service, regardless of whether such information is posted publicly or with password protection, but in each case excluding any such materials or information that we provide or otherwise make available. To the maximum extent permitted under applicable law, the Provider, RxSense, and their respective suppliers and vendors have no obligation of any kind with respect to User-Submitted Data and are not required to assess or otherwise determine the validity or legitimacy of any complaints or demands that they may receive regarding any User-Submitted Data. User-Submitted Data will be subject to RxSense’s privacy policy, located here: https://rxsense.com/privacy-policy/.
Disclaimer of Warranty
Although RxSense reserves the right to correct any errors, omissions, or inaccuracies, to the maximum extent permitted under applicable law, we do not accept any responsibility for the accuracy, reliability, currency, or completeness of any information, content, materials, services, products, merchandise, functionality, or other resources (collectively, “Resources”) available on or accessible through the Service (even typographical or imaging errors), including the substance, accuracy, or sufficiency of any service or product information listed on the Service. Further, we do not represent that the Service will operate without interruption or error, nor do we provide any assurances of the availability or usability of the Service. RxSense also does not accept any responsibility for unauthorized access by third parties to user transmissions or User-Submitted Data, or for technical failures in connection with user transmissions or User-Submitted Data.
Neither the Provider nor RxSense accepts any liability for the consequences arising from the application, use, or misuse of any Resources contained on or made available through the Service, including any injury and/or damage to any person or property as a matter of product liability, negligence, or otherwise.
Your use of (including any access to) the Service and any other Internet sites, including any Resources contained on, or otherwise made available by, them, is solely at your own risk.
RxSense and its suppliers and vendors will attempt to keep the information, services, and resources accessible through the Service timely and accurate, but make no guarantees, and disclaim any implied warranty or representation regarding, the Resources or the Service, or any Resource’s or the Service’s accuracy, relevance, timeliness, completeness, reliability, security, or appropriateness for a particular purpose.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RXSENSE AND ITS SUPPLIERS AND VENDORS DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND ANY OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, MERCHANDISE, MATERIALS, FUNCTIONALITY, AND OTHER RESOURCES ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND.
RxSense makes no representation or warranty that any password protection or other security measures will prevent unauthorized access to User-Submitted Data.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, RXSENSE OR ITS SUPPLIERS OR VENDORS, OR ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, SUPPLIERS, VENDORS, LICENSORS, CO-BRANDERS, OR PARTNERS (COLLECTIVELY, “RXSENSE PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, OPERATION, OR PERFORMANCE OF THE SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE, ANY DEFECTS IN THE SERVICE, OR WITH THE PROVISION OF, OR FAILURE TO MAKE AVAILABLE, ANY INFORMATION, SERVICES, PRODUCTS, MATERIALS, OR OTHER RESOURCES AVAILABLE ON OR ACCESSIBLE THROUGH THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Neither RxSense nor its suppliers or vendors guarantee the sequence, accuracy, reliability, currency, or completeness of any information or content available on or through the Service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.
THE OPERATION OF THE SERVICE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND RXSENSE’S OR ITS SUPPLIERS’ OR VENDORS’ CONTROL. THE OPERATION OF THE SERVICE, WHETHER BY RXSENSE, ITS SUPPLIERS, OR ITS VENDORS, MAY NOT BE SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. PASSWORD PROTECTION AND ANY OTHER SECURITY MEASURES MAY NOT PREVENT UNAUTHORIZED ACCESS TO MATERIALS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE RXSENSE PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED $25.00.
You acknowledge and agree that the limitations set forth above are fundamental elements of these terms and the Service would not be provided to you absent such limitations.
Indemnification
To the maximum extent permitted under applicable law, you hereby agree to indemnify, defend, and hold the RxSense Parties harmless from any liability, loss, claim, and expense (including reasonable attorneys’ fees) related to or arising out of your use of the content on the Service, any User-Submitted Data, your use of the Service, your connection to the Service, your violation of these terms, or your violation of any rights of another.
Changes to the Service
Provider, RxSense and their respective suppliers and vendors may change or modify the information, services, products, materials, and any other Resources contained on or accessible through the Service, may charge, modify, or waive any fees required to use the Service (including any portion thereof), or discontinue the Service altogether, at any time without notice.
Your Obligations
You agree to use the Service only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Service in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Service (including by means of hacking or defacing any portion of the Service, or by engaging in spamming, flooding, or other disruptive activities, including with respect to the servers or networks used to make the Service available) is prohibited. You are strictly prohibited from communicating on or through the Service (including in connection with any of Your Materials) any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, 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. We reserve the right to terminate or suspend your use of (including any access to) the Service, or parts of the Service, without notice, if we believe, in our sole discretion, that it is in violation of these terms, our requirements, or any applicable law, or it is harmful to our interests or the interests, including intellectual property or other rights, of another user or any other third party, including any of our partners, affiliates, sponsors, providers, licensors, or merchants.
You must not post, transmit, or otherwise make available through or in connection with the Service any virus or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
You agree to provide true, accurate, current, and complete information in connection with the Service. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and refuse any and all current and future use of the Service. Because any termination of your access to the Service may occur without prior notice, you 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. Furthermore, you agree that neither a Provider, RxSense, nor any of their respective suppliers and vendors shall be liable to you or any third party for any termination of your access to your account or the Service.
We may refuse to grant you a user ID that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. For security reasons, user IDs and passwords must be non-obvious, hard-to-guess, confidential, and changed on a regular basis, and you must log out at the end of each session. You are responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities (including purchases, as applicable) that occur in connection with your user ID or password such that, for all purposes under these terms, any activities in connection with your user ID or password will be deemed to be your activities. You agree to immediately notify us of any unauthorized use of either your user ID or password or any other breach of security. You further agree that you will not permit others, including those whose accounts have been terminated, to access the
Service using your user ID or password. All user IDs and passwords remain the property of RxSense, and may be cancelled or suspended at any time by RxSense without any prior notice or any liability to you or any other person. RxSense is not under any obligation to verify the actual identity or authority of the user of any user ID or password. If RxSense, in its sole discretion, considers a password to be insecure, then RxSense may cancel the password.
You must respond promptly to all email and other correspondence from RxSense, including without limitation email and correspondence concerning complaints or concerns regarding your use of the Service and the use of your account. You are responsible for obtaining, maintaining and paying for all hardware, software, and all telecommunications and other services needed for you to use the Service.
Termination
If you no longer agree to be bound by these terms, or breach any provision of these terms, you may no longer use of the Service, including any access thereto. Your use of the Service is at your sole risk. If you are dissatisfied with the Service, its content, or any of the terms, conditions, and policies of these terms, your sole and exclusive legal remedy is to discontinue use of the Service. If your use of the Services is terminated for any reason, then: (a) these terms will continue to apply and be binding upon you in respect of your prior use of the Service (and any unauthorized further use of the Service), including payment of any charges accrued in connection with use of the Service and your indemnification obligations; and (b) any rights or licenses granted to us under these terms will survive such termination.
Proprietary Rights
No title, rights, or interests in any content or other materials made available by the Service are afforded to you; to the extent that you are authorized to download any such materials via the Service, any such downloaded materials will be for your own personal, non-commercial use only.
RxSense (and its suppliers and vendors) owns the Service and all the content on the Service, including text, graphics, legends, customized graphics, original photographs, data, images, music, audio and video clips, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of such material. The Service and all the content on the Service is subject to trademark, service mark, copyright, and/or other intellectual property rights held by RxSense and its suppliers and vendors. Any trademark or copyright notices may not be deleted or altered in any way. RxSense’s trademarks and copyrights may not be used in connection with any products or services that are not offered by or on behalf of RxSense, or in any manner that is likely to cause confusion or otherwise violate our rights. You acknowledge that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.
Copying, publishing, broadcasting, re-broadcasting, webcasting, transmitting, modifying, deleting, augmenting, distributing, downloading, storing, reproducing, sublicensing, adapting, creating derivative works of any content available through the Service, or posting or otherwise making available such content (including selected portions of this content) in any manner on any network computer, broadcast media, or other technologies existing now or hereinafter developed for unauthorized publication or commercial use without the prior written consent of RxSense is strictly prohibited. You hereby agree not to reproduce, duplicate, copy, sell, resell, decompile, disassemble, or exploit for any purpose other than for your personal, non-commercial use the Service (including any portion thereof) or the use (including any access to) thereof, or to collect any information about Site visitors or users of the Service, or otherwise systematically download and store Service content. You represent, warrant, and agree that you will not send, submit, upload, post, reproduce, transmit, or distribute any communication, content, or other Materials of any type through or in connection with the Service or otherwise to RxSense that infringes or violates any rights of any party or violates these terms.
Electronic Communications
When you send emails or other electronic messages to us or in connection with the Service, you are communicating with us electronically and consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Location Based Services
If you enable location-based services on your computer or other device in connection with your use of the Service, you expressly consent to RxSense or its suppliers or vendors collecting the precise location information of your device. This information may be used in accordance with the Privacy Policy for the Service.
Social Media
The Site may include opportunities to view information and communicate with us through social media services such as LinkedIn®, Twitter®, Facebook®, Glassdoor®, and blogging. You should use common sense and good judgment in communicating with us through these services. We are not responsible for the terms of use and privacy policies that govern these third-party sites.
Messaging Terms & Conditions
RxSense or one or more of its affiliates offers access to pharmacy and healthcare service messages via periodic automated SMS (Short Message Service), MMS (Multimedia Message Service) text alerts and email alerts.
Enrollment in text alerts requires a member to provide his or her own mobile phone number with an area code within the United States. Enrollment in email alerts requires member to provide an email address.
By enrolling to receive Provider or RxSense text or email alerts, you agree to these terms, which become effective upon your enrollment. You may be asked to verify your mobile phone number before the Service will start. This requires responding to a text alert sent to your mobile phone confirming your enrollment in this Service. You are not required to agree to such messages as a condition of purchasing any good or services from RxSense.
You acknowledge that periodic automated alerts will be sent to the mobile phone number or email address you provide to Provider and/or RxSense. Such alerts may include personal information about your prescriptions based on the type of information you choose to receive via electronic communication, and whoever has access to the mobile phone or carrier account or email address will also be able to see this information. You acknowledge that if you elect to receive Protected Health Information as defined in HIPAA in the form of full prescription information via text alerts or e-mail alerts, you are (i) electing to receive such information through an unencrypted method of communication, and that (ii) information contained in an unencrypted e-mail and/or text message is at risk of being intercepted and read by, or disclosed to, unauthorized third parties. Once you enroll, the frequency of text or email alerts we send to you will vary. You will typically receive alerts when we have information for you about your prescriptions or other healthcare information.
RxSense does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of RxSense text alerts at any time. To stop receiving text alerts, text STOP to the number upon which you are receiving text alerts. Texting STOP to the number from which you are receiving RxSense alerts will opt you out of any and all future RxSense text messages. After you submit a request to unsubscribe, you will receive one final text alert from RxSense confirming that you will no longer receive text alerts. No additional text alerts will be sent unless you re-activate your enrollment in the text alert program. For questions about text alerts, please contact the member services number on your member benefit card. Text alerts may come from any one of these short codes and RxSense may change, add or remove short codes as necessary.
The RxSense text alert programs are offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. RxSense may change or discontinue any of its text alert programs without notice or liability to you. RxSense and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any RxSense text alert program or from technical failures or delays of any kind. RxSense reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
Linked Websites
Our Site may contain hyperlinks allowing you to connect to other websites owned by affiliated companies and websites owned by our third-party vendors, distributors, and providers (“Linked Sites”). You may also access our Site through a hyperlink embedded in a Linked Site. We provide hyperlinks to the Linked Sites to enable you to conveniently access websites that may be of interest to you. Please note that once you click on a hyperlink that transfers you from our Site to a Linked Site, you have left our Site, and these terms will immediately cease to apply to any subsequent activity on the Linked Site. We are under no obligation to notify you when you have left our Site and have accessed a Linked Site. Use of any Linked Site will be governed by the privacy policy, terms of use, and/or other policies (if any) on the Linked Site.
Governing Law
These terms, your use of the Service, all transactions through the Service, and all related matters, regardless of your location, are governed solely by, and construed solely in accordance with, the laws of the United States (including federal arbitration law) and the State of Delaware, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.
These terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.
Dispute Resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND RXSENSE OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT RXSENSE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by these terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of these terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of these terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of these terms will continue to apply and be unaffected by this severability provision.
Copyright Infringement Claims: Notice and Take-Down Procedures
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your rights under U.S. copyright law, you (or your agent) may send to RxSense a written notice by mail, e-mail, or fax, requesting that RxSense remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to RxSense a counter-notice.
Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see www.copyright.gov for details), which, with respect to notices of infringement, currently include, among other requirements, the following (a) sufficient information identifying the copyrighted work(s) believed to be infringed (b), sufficient information identifying the allegedly infringing material(s) and the location of such material(s) in order to permit RxSense to locate such material(s), (c) a statement from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed that such owner or authorized representative has a good faith belief that the allegedly infringing materials are used in a manner not authorized by the copyright owner, its agent, or the law, (d) contact information for the complaining party, including a mailing address, a telephone number, and, if available, an email address, (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf, and (f) a signature or the electronic equivalent from the owner (or the owner’s authorized representative) of the copyrighted work(s) believed to be infringed.
Notices and counter-notices must be sent in writing to RxSense as follows:
Legal Department
RxSense
99 High Street, Suite 2800
Boston, Massachusetts 02110
Email: legalnotices@rxsense.com
General Information
In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of the Service and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if we believe that such disclosure is necessary or appropriate to operate the Service, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to 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.
We control the Service from our corporate offices within the United States of America, and the Service is not intended to subject RxSense to any non-U.S. jurisdiction or law. By using (including any access to) the Service you agree that such use (including any such access) is subject to the terms, conditions, and policies of these terms as well as applicable laws. The Service may not comply with legal requirements of foreign countries. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the United States of America. Any portion of the Service is void where and to the extent prohibited by law, and you may not use the Service where it would be illegal to do so. We may limit the availability of the Service at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
Our failure to insist upon strict performance of any provision of these terms shall not be construed as an implicit waiver of any provision or right.
If any part of these terms is ruled to be unenforceable, then such part shall be severed, with the remainder of these terms remaining in full force and effect. These terms constitute the entire agreement between you and RxSense governing your use of the Service (inclusive of the other policies referenced in these terms). You may not assign, transfer, or sublicense any or all of your rights or obligations under these terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these terms without restriction.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.