Your privacy is very important to us. This Privacy Policy (this “Policy”) describes how our Services handle and secure information they collect. This Privacy Policy is part of, and incorporated into, the Terms of Use for our Services. If you have entered into a user agreement for one of our Services (your “User Agreement”), it will supplement and amend the Terms of Use. Because the Terms of Use and your User Agreement include subjects that may not be covered in this Policy, and may narrow or modify the scope of our use of information under this Policy, please review them carefully.
When you use our Services, you can (depending on the Service you use) submit information by:
Our Services also gather information whenever you visit, log in or otherwise interact with them. As with other websites and interactive services, whenever you interact with our Services, your computer, mobile phone or tablet (a “Device”) and its software transmits a “request” to us. That request includes non-personal information received from your Device (and its software) necessary for us to identify and appropriately route the information your Device is requesting. These “requests” and “replies” are the backbone of all websites and Internet services. Therefore, whenever you:
Your Device and its software are sending non-personal information to us.
In addition to managing the appropriate routing of information, we use so-called “cookies,” “web beacons,” “server logs” and other Engagement Tools to enhance the quality of the service and content you receive. For example, we use Engagement Tools to:
Therefore, even if you do not register with us or submit any personal information on our Services, our Engagement Tools automatically receive information about your Device and the software running on it. We call such data “Engagement Data.”
Engagement Data often includes elements such as the date and time a “request” is made, the model of the Device making the “request,” the type and version of operating system running on a Device (e.g., Mac OS or Microsoft Windows), the browser making the request (e.g., Internet Explorer, Chrome or Firefox), routing information, IP address, the Device’s geographic location, search terms a user enters, what URL a Device most recently visited, and, if a mobile application is used, an anonymous unique number. Engagement Data generally does not personally identify a Device’s user. However, it can be combined with personal information. If so, we treat such combined information the same way we treat personal information. Additionally, in the event that our Engagement Tools collect data elements that contain personal information, we treat those data elements as personal information.
You have the ability to control how certain Engagement Tools operate by modifying the settings on your Device or its software. Most browsers, for example, allow you to refuse accepting cookies, and many mobile Devices allow you to disable the sending of location information. In some cases, doing these things could diminish the performance of our Services or render them inoperable. We do not respond to browser-based “do not track” signals. To learn more about Engagement Tools and how we use Engagement Data please see our Engagement Tools page and the section below entitled “How Information is Used.”
We work with certain third parties who deploy their own engagement tools on our Services. In some instances they do so exclusively on our behalf. In other instances, they may retain and use the data they collect pursuant to publicly available privacy policies. These Third Party Tools are frequently deployed by companies providing online advertising services or analytics, but they may be deployed in other contexts as well, such as social media plug-ins. We treat personal and non-personal information that we receive from these Third Party Tools the same way we treat personal and non-personal information that we directly collect from our Services. We, however, do not control how these third parties manage the information they gather.
Information you submit to us that identifies you or can be used to contact you (e.g., email or mailing address) is your “personal information.” This includes identifiers that a governmental authority, financial institution or insurance carrier may use to uniquely identify you (e.g., a Social Security, credit card or ACH account number). When we combine non-personal information with personal information, or non-personal information with other non-personal information in a way that renders the combined information personal information, we treat that combined information the same way we treat personal information. When we combine personal information with information from third party sources, we also treat that combined information the same way we treat personal information.
We use personal and non-personal information (including Engagement Data) for the following purposes:
We use non-personal information for the following purposes:
We may also use non-personal information to prepare aggregate reports for current or future advertisers, sponsors or other partners to show trends about the general use of our Services. Such reports may include age, gender, geographic, demographic or other general user information, but do not include personal information.
From time to time, we may request your consent or authorization (your “consent”) in connection with the use or sharing of your information. In some instances, this will be because your User Agreement, this Policy or applicable law or regulations requires us to obtain such consent. In other instances, such consent will be for informational purposes. In the latter case, the request to obtain your consent should not be interpreted as narrowing the scope or applicability of your User Agreement or this Policy – by entering into your User Agreement or using the applicable Services, you have accepted and agreed to our information handling practices in the manner described in your User Agreement and this Policy.
In cases where you consent or “opt-in” to the use or sharing of your personal information in a manner that is not otherwise provided for in your User Agreement or this Policy, unless otherwise explicitly stated in such consent, you will have the ability to rescind your consent and “opt-out” of our use or sharing of such information in the future. In that event, we will refrain from our use or sharing of such information, but we may not be able to require the removal of such information from the databases of the recipients with whom such information has been shared.
If you are a healthcare provider or healthcare-related service provider who has entered into a User Agreement with us, your contact and directory information may be listed in one or more of our public and professional directories. These directories include profile information (e.g., contact, specialty and other information) and other features that allow users to locate and contact them. If you seek to contact or schedule an appointment with a provider listed in one of our directories, the provider will need your name, contact information, as well as other information.
Our Services can be used to facilitate one-on-one communications between users. Examples include:
In any one-on-one communication, users are sending information to one another. Depending on the message, this could include contact and other personal information. See also “Service Emails and other Communication” below.
Our Services include publicly displayed communities, blogs and other public forums that allow users to communicate with groups of users or the general public. All information a user posts in one of our communities will be available to a wide range of individuals, and should be presumed public. We strongly advise users to exercise care in selecting what information they share with our communities or public forums, and strongly recommend against sharing any personal, health or other sensitive information that could directly or indirectly be traced to any individual, including yourself. Surveys and Ratings: From time to time we ask users to submit surveys or ratings to assist healthcare providers and others in improving their operations or to assist other users in making informed choices. The content of such surveys or ratings, therefore, should be presumed public. When we make such survey and ratings requests, we let users know how their responses will be used. As with communities and public forums, we strongly advise users to exercise care in selecting what information they share in a survey or similar communication, and strongly recommend against sharing any personal health or other sensitive information that could directly or indirectly be traced to any individual, including yourself.
Our Services allow users to store personal and health information (“Records”), including Records that identify other individuals, including other users. Our Services permit users to share all or portions of these Records at their discretion. You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy.
Because our Services enable users to share information you share with them, you should take care in selecting with whom you share your Records and other information. Although our Services process such transmissions, we cannot take responsibility for the actions of other users or persons with whom you share your Records and other information.
Some of our users – such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of a health care provider who has entered a Healthcare Provider User Agreement, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such providers. To see our Healthcare Provider User Agreement, and to specifically review our business associate obligations, please review Sections 4.1.8 and 9 of that agreement. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.
Our Services allow users to communicate with others through our in-product instant messaging services, Service-branded emails, SMS and other electronic communication channels. Communications that are sent by or on behalf of a user are indicated as being “From” that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists assigned to assist you. Either type of communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates – such as a repeated sign-in failure, an appointment reminder and the like.
Email communications received from users and our administrative announcements are often transactional or relationship messages, such as appointment requests, reminders and cancellations and other treatment or Service notifications. You may not be able to opt out of receiving certain messages, although our Services may provide a means to modify the frequency of receiving them. In cases in which we believe user emails are not primarily transactional or relationship messages, it will include the capability to opt-out of receiving further e-mails. If you sign-up to receive marketing or informational announcements from us, such emails will include capability to opt-out of receiving such e-mails in the future. Our Services may deploy Engagement Tools (such as “cookies,” “web beacons” and “server logs”) on outbound emails to users and others to collect Engagement Data, and we may use vendors to assist us in sending outbound emails to users who may deploy Third Party Tools. Emails and other communications from individuals who are not users of our Services, or that are being sent in connection with business, agreements or subject matter other than your User Agreement or your use of our Services, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services. Likewise, if you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel – such Suggestions are not governed by this Policy.
We will not share personal information you submit except under the following circumstances:
It is important for you to understand that other users who submit to, or receive from, our Services personal information about you, may share that information with other persons, even without separately notifying you or seeking your consent.
Many of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share on our Services. Further, certain regulations require us to investigate potential or suspected threats on our Services or the confidentiality, integrity or availability of the information they safeguard. Accordingly, we may preserve, use and disclose information – including personal and non-personal information – when we have a good faith belief it is necessary or advisable to:
We may also preserve, use and disclose such information in response to a search warrant, court order, subpoena, judicial proceeding or other legal process if we have a good faith belief that the law requires us to do so. Such legal process may prohibit us from notifying the users or other individuals or entities identified by such information or take such other actions as would otherwise be a violation of your User Agreement or this Policy. When we preserve information pursuant to this section, it may be for extended periods of time, as we in good faith believe are necessary or appropriate under the circumstances, and may include the preservation of information from accounts that have been disabled.
The security of our Services and the information they store, process and transmit is a top priority. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical and administrative safeguards, including: Secure Socket Layer (SSL) encryption, firewalls, system alerts and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage and processing practices. Under our Healthcare Provider User Agreement and applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information (as such term is defined by HIPAA) residing on and processed by our Services. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.
If we learn of a security vulnerability or risk, we may attempt to notify you and provide information on protective measures you may take. There are, however, some precautions that you can proactively take to improve your system security and reduce the likelihood of unintended disclosure of personal information:
Our Services are not intended for or designed to attract children under the age of 13, and we do not knowingly collect personal information from such children. If we learn that we have inadvertently obtained personal information from a child under the age of 13, we will delete that information as soon as practicable. If you become aware that your child has provided us with personal information without your consent, please contact us immediately at the contact information below. Should this policy change, we would comply with the Children’s Online Privacy Protection Act, which requires us to notify and obtain consent from a parent or guardian before we collect, use and disclose the personal information of children who are under 13 years of age.
Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old – such as healthcare providers, parents and guardians – to submit personal information about others, including minors. Such users assume full responsibility over their submission, use and transmission of such information.
Access to our Services is administered in the United States (“US”) and are intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. If you are located outside of the United States, please note that the information you submit to us will be transferred to the US. By using our Services, you consent to this transfer. You also consent to the transfer to and processing of any personal information by us or any of the other parties described in the section “Sharing of Information” above, whether located in the US or any other countries, for the purposes described in this Policy, or for any other specific purposes to which you consent. If you are located in a country other than the US, you should note that, at present, the laws of the US and certain other countries have not been approved by the European Commission or privacy authorities in certain other countries as providing “adequate protection” for personal information within the meaning of the European Union Data Protection Directive or applicable laws of other countries.
This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services that our Services may display links to or advertisements for. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of tracking tools, such as cookies, web beacons, server logs and the like. When you click on or interact with an ad appearing in our Services, the advertiser or sponsor may infer that you meet targeting criteria that they may have used in connection with the sponsoring such ad. This may lead to similar ads being targeted to you on our Services or elsewhere. We do not have control over how any third party gathers or uses information, so you should review their privacy policies to learn of their information gathering and handling practices.
We work hard to continuously improve and enhance our Services. Some of these improvements and enhancements may result in changes to this Policy. We will post such changes along with their effective date on this page, and if the changes are significant, we will provide a more prominent notice. Because our Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. If you disagree with any changes to this Policy and do not wish your information to be subject to the revised Policy, you will need to deactivate your account before the new Policy becomes effective. Your use of our Services following any such change constitutes your agreement that all information collected from or about you through our Services after the revised Policy is posted will be subject to the terms of the revised Policy.
Our Services aim to provide you with access to the personal information you submit and the means to update it. This can be accomplished by logging into our Services or contacting us using the contact information below. Under certain circumstances, we may ask you to verify your identity before your request is processed. This will be done free of charge except where it would require a disproportionate effort. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
If you desire to deactivate your account please contact us using the contact information below. Upon your request, your account will be deactivated and your personal information and Records will be securely archived. We retain archived information for a period of five years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Policy.
Please note that, unless you are an administrator who has administrative rights over another user’s account pursuant to a Healthcare Provider User Agreement, you are not entitled to review the content of another user’s account. Accordingly, if you have used our Services to share personal information with another user or other party, you will not be able to access, update or delete that shared information pursuant to this Policy or your User Agreement.
Please also note that other users may submit personal information that identifies you. You will also not be able to access, update or delete that information pursuant to this Policy or your User Agreement. In either case, certain users – such as healthcare providers – may be required under HIPAA and other applicable laws or regulations to retain such information for extended periods of time. This means that until our User Agreement with such user(s) terminate(s), we will continue to retain such information on their behalf. HIPAA grants patients certain rights to access and correct certain health information their healthcare providers retain about them. Patients should submit requests to access or correct their health information directly to their healthcare providers.
You should also be aware that we store indefinitely non-personal information, including Engagement Data and de-identified health information, as well as all information that you have share on any of our public forums, blogs, communities, surveys and the like.
You may contact us at:
MyRxPal, LLC
Attention: Privacy
5003 Ritchie Highway
Brooklyn, MD 21225
This application is a tool to you to manage medications consumption. You should use other means and measures in order for you to take your medications correctly.
The application and all its contents is not in any way medical information or a medical advice, or any replacement for any kind of medical consultation or treatment. In any case you need to get medical advice you should use a medical professional.
The application is not intended to solve medical situation or emergency. If you think you are in such situation, please contact emergency services as soon as possible.
As any computer application, this application tool is not immune from any fault. The regular activity of the application is dependent on many factors, including the correct working of the device itself, the application, the internet connection and many more. DO NOT DEPEND ON THIS APPLICATION ALONE.
Using the application is on your full responsibility. WE ARE NOT LIABLE FOR ANY SITUATION THAT MIGHT OCCUR.
MyRxPal, LLC is a Wyoming, USA limited liability company (“we” or “us”), is making its MYRXPAL mobile device application (the “App”) and related website (including the mobile-optimized versions of such website, the “Site”) available to you under these Terms of Use (this “Agreement”). The App and the Site are referred to together as the “Application.” By using the Application and/or by clicking the “I Agree” button, you unconditionally agree to follow and be bound by these Terms of Use. If you do not agree to be bound by and comply with all of these Terms of Use, you may not use our Application.
Intended Users
The Application is available only to users who are at least 18 years old and residents of the United States. The Application is intended for use only in the United States or those locations where you do not require the app to communicate with any outside provider. You agree to use the Application only in such locations.
We reserve the right to update or modify these Terms of Use, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by the Terms of Use as changed. For these reasons, we encourage you to periodically review these Terms of Use.
Disclaimers
THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED THEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
In order to use the App or the Site, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the internet, any associated fees, charges or expenses.
The Application is intended as a helpful backup reminder system that you can personalize for taking your medications. You should not and must not rely on the Application as your primary tool for determining whether and when to take medication. As further described under “Technology; Support” below, the Application may not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Application, and the utility of any of its alerts or notifications, depends on information that you input into the Application. Ultimately, you are solely responsible for ensuring that the correct medication is taken at the proper times and in the proper dosages.
Information, advice, recommendations, messages, comments, posts, text, graphics, software, photographs, videos, data and other materials is made available from us or third parties through the Application (collectively “Content”). For example, the interface of the Application may provide you with names, pictures or descriptions of various medications. We do not guarantee and are not responsible for the accuracy, completeness, or timeliness of any Content.
All Content is for informational purposes only. No Content is or should be considered, or used as a substitute for, medical advice, care, diagnosis or treatment. The Application does not constitute the practice of any medical, nursing or other healthcare professional advice, diagnosis or treatment. We do not prescribe, dispense, or refill prescriptions. The provision of information about or the enablement of the reminder system with respect to any drug is not a recommendation or endorsement by us for such drug. We do not intend for the Application to identify any drug-drug interaction, and thus, the Application is not designed to recognize or alert you to any drug-drug interaction that may be harmful to you. The absence of a warning for a given drug or drug combination does not and should not be construed to indicate that a drug or drug combination is safe, appropriate or effective for you or anyone else. Furthermore, the Application is not intended to provide any dosing information, and we are not responsible for any errors in dosages taken. Reliance on any information provided by us, our employees or third parties through your use of the Application is solely at your own risk.
Always seek the advice of your physician or other qualified health provider with any questions you may have regarding personal health, medical conditions or drugs and before commencing or discontinuing any course of treatment or medication. Never disregard, avoid or delay in obtaining medical advice from your doctor or other qualified healthcare provider because of any information you have received or obtained through the use of the Application. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional immediately. If you are in the United States and are experiencing a medical emergency, please immediately call 911 for emergency medical help or local emergency service if in another location.
If you have an unexpected or negative reaction (or “adverse event”) that may be related to the use of a medical product, it is important that you tell your doctor and also report it to the company that makes or sells the product so it can investigate the incident. The product should include the company’s phone number on the label. You can also report the problem to the United States Food and Drug Administration at http://www.fda.gov/medwatch/index.html.
References or links within the Application to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.
We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.
Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about (1) the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, including software, text, graphics, links, or communications provided on or through the use of the Application; or (2) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Application.
We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.
Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.
If you submit any information to us through or related to the Application or send us any business information, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.
You further agree that:
You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Our failure to act with respect to a breach by you or others of these Terms of Use does not waive our right to act with respect to similar or other breaches.
The personal information you provide to us through your use of the Application is governed by our Privacy Policy. We respect your privacy, and a complete statement of our current privacy policy is found on our website. We may update our policies and practices from time to time at our sole discretion.
The Application will allow you to record and store information. You agree to keep your information accurate, complete and current. You are responsible for the security and confidentiality of your Application account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password.
We hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable license to access and use our Application, and any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and non-commercial use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for personal, non-commercial use only on each mobile device that you own or control. You may not distribute or make the App available for use by others on multiple devices simultaneously. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:
If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.
We retain all rights to the Application that are not specifically granted to you in this Agreement. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Application, any updates or derivative works of the App, or the Documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Application.
You agree that the Application contains proprietary content, information and material that are protected by intellectual property and other laws in the United States and internationally. Therefore, service marks, trade names, trade dress and products are the property of their respective companies. No trademark or service mark license is granted to you with regard to materials contained in the Application. Your access to the Application does not authorize you to use any name, logo or mark in the Application in any manner. Furthermore, all Application software is the property of us or our suppliers and protected by U.S. and international copyright laws. No software license is granted to you with respect to any Application software. Any use of the Application or its content that is not expressly permitted by these Terms of Use is a breach of this Agreement and may violate copyright, trademark and other laws. All rights not expressly granted to you in this Agreement are reserved by us and our licensors.
Except as authorized by U.S. law and the laws of the jurisdiction in which the Application was obtained, you may not use, export or re-export the Application. Specifically, and without limiting the foregoing, the Application may not be exported or re-exported into any U.S.embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that you are not on any such list or located in any such country and that you will not use the Application for any purposes prohibited by U.S. law.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE YOU PAID FOR THE APPLICATION. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with your use of the Application must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.
You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising from or relating to your use of the Application or your breach or violation of this Agreement.
These terms are effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. If you violate these Terms of Use, our permission to you to use the Application automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitations on Liability, Indemnity, Choice of Law and Forum, Complete Agreement and Severability.
This Agreement shall be governed in all respects under the law of the State of Wyoming, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state courts of Wyoming, USA, or if any such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the State of Wyoming. You and we each waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
This Agreement and our Privacy Policy constitute the entire agreement between you and us relating to your access to and use of the Application. To the extent there is an inconsistency between this Agreement and the Privacy Policy, this Agreement shall govern. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.
If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be reformed, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You agree that these Terms of Use and all incorporated agreements between you and us may be automatically assigned by us, in our sole discretion, to an affiliate or to a third party in the event of a merger, acquisition or liquidation.
All notices to you relating to this Agreement shall be posted on the Application or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement shall be in writing and sent to the following:
MyRxPal, LLC
ATTN: MyRxPal, LLC
7556 Teague Rd #220
Hanover, Maryland, 21076
feedback@myrxpal.com
Notice shall be deemed given when notice is posted on the Application or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Unless the regular mail is returned to the sender, notice shall be deemed given three days after the regular mail is sent, in the case of domestic mail, or seven days after the regular mail is sent, in the case of international mail.
Last updated: March 20, 2015