Terms of Service

Terms of Service

Revised June 27, 2023

  1. Contractual Relationship

These Terms of Use (“Terms”) govern your access or use, of the applications, websites, content, products, and services (the “Services,” as more fully defined below in Section 2) made available by RxLink Inc, a Delaware company. and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “RxLink”, “us” or “we”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND RXLINK.

By accessing or using the Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here. Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

If you do not agree to these Terms, do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. RxLink may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, except where prohibited.

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 Services (and any unauthorized further use of the Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.

RxLink may amend the Terms from time to time. Amendments will be effective upon RxLink ‘s posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended.

RxLink’s collection and use of personal information in connection with the Services is described in RxLink ‘s Privacy Policy located here.

  1. The Services 

Free prescription information, discounts, referrals and coupons.

RxLink offers prescription information, discounts and coupons, referrals to third parties that can provide assistance with affordability of prescription drugs, and prescription pricing information that is free to access.

RxLink prescription discounts and coupons are not insurance. RxLink prescription discounts and coupons are not intended as a substitute for health insurance. The range of the discounts will vary depending on the prescription drug and the participating pharmacy. You are required to pay for all prescription drugs at the time of purchase. RxLink does not make payments to any pharmacy or health care provider. RXLINK PRESCRIPTION DISCOUNTS AND COUPONS DO NOT MEET MINIMUM CREDITABLE COVERAGE REQUIREMENTS UNDER STATE HEALTHCARE COVERAGE REGULATIONS.

Please note that cash payments that you make for medications using RxLink prescription discounts and coupons may not count toward your prescription drug coverage out of pocket costs, but you can confirm that by contacting your coverage provider. If you are a Medicare Part D beneficiary, then cash payments made using RxLink prescription discounts and coupons will not count toward your Medicare Part D cost-sharing obligation. RxLink discounts and coupons cannot be combined with federal or state-funded programs like Medicare or Medicaid.

RxLink prescription discounts, coupons and prices shown are based on multiple sources, including published price lists, purchases, claims records, and data provided by pharmacies. RxLink prescription discounts, coupons and prices may change at any time. The prices we show are our best estimate; while we believe our data to be generally accurate, we cannot guarantee that the price we display will exactly match the price you receive at the participating pharmacy. For an exact price, please contact the participating pharmacy. RxLink prescription discounts, coupons and prices may change at any time. 

Your Membership

In order to participate in the Services, you must first register for an account with RxLink (your “Account”) in accordance with RxLink ‘s Terms of Use. You must then complete the registration process necessary to become a Member by providing certain information to RxLink and your name, email address, date of birth, mailing address, pharmacy, prescriptions, current pharmacy insurance, and any other information as requested by RxLink (“Registration Data”).  You further agree to sharing of such information from a referring party, such as your health care provider or employer, with RxLink. You agree that you will maintain and update this information as required in order to keep it current, complete, and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you for the purpose of administering the program. RxLink ‘s collection and use of personally identifiable information in connection with the Services is governed by RxLink ‘s Privacy Policy, which is incorporated into these Terms by reference.

You agree to fully, accurately, and truthfully create your Account when providing the Registration Data. Your Account and credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Account or credentials, and for all activities that occur under such Account or credentials. You agree to prohibit anyone else from using your Account or credentials and agree to immediately notify RxLink of any actual or suspected unauthorized use of your Account or credentials or other security concerns of which you become aware. You must be at least 18 years of age to become a Member. You may use your account in relation to prescriptions written for an individual under 18 in your care.   

Access to Information

Information about your Prescriptions. Most prescriptions purchased in the United States, including prescriptions filled through the use of discount coupons, loyalty cards, or insurance copays, result in the pharmacy reporting patient data back to the company that provides the benefit (“Claims Data”).RxLink uses and stores this Claims Data linked to the information you provide when using the Services (including, without limitation, your name, email address, prescription names, and your address) to provide you with targeted coupons and discounts on prescriptions through your Account.  

If you cancel your Membership, you may request that we delete your Claims Data by e-mailing info@rxlink.com            

All other content available through the Services and the Site are for informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of the Site.

RxLink does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned on the Site. Reliance on any information provided by RxLink, RxLink employees or others is solely at your own risk.

 Messaging Services

As part of providing the Services, RxLink may send pricing information and coupons via communications including, but not limited to, email and text messaging. By using the Service, you are consenting to be contacted with prescription-related information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party.

Designated Recipient Of Protected Health Information

RxLink provides a variety of healthcare management services designed to reduce the cost of your healthcare and facilitate your healthcare-related interactions with physicians, pharmacies, insurance providers and pharmacy benefit managers (“PBMs”) (collectively, “Providers”). By creating an account, I hereby direct my Providers to transmit, share or disclose protected health information about me, including my name, birthdate, demographic information, medical and treatment information, prescription and over-the-counter medication information and history, current prescriptions, and information regarding my health insurance coverage, co-pay and deductible amounts to RxLink. I make this direction pursuant to my rights of access under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), 45 C.F.R. § 164.524(c)(3)(ii).

  1. Restrictions on Use

You agree not to use the Services in a way that is, in RxLink’s discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate any community requirements posted by RxLink from time to time, remove any copyright, trademark or other proprietary notices from any portion of the Services (including any discount coupons or other content sent to you), cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means. You shall promptly notify RxLink if you learn of any security breach related to the Services.

You agree that any prescriptions or pharmaceutical products that you acquire or obtain through the Services will be solely for your (or your family member’s or dependent’s, as applicable to whom the prescription is written for) personal use. Users must be at least 18 years of age; parents or caregivers may use the service in relation to prescriptions for an individual under 18 who is in their care. RxLink may cancel, suspend, or terminate your access to the Site and the Services at any time and for any reason, including any violation of these Terms.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Services, deep-link to any feature or content on the Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Services or any activity being conducted on this Services.

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit RxLink Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.

Your Account or access to Services may be terminated for any of the above infractions.

  1. Not Medical Advice

The contents of the Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Services.

RxLink does not recommend or endorse any specific prescription drug or pharmacy that may be mentioned in relation to the Services. Reliance on any information provided by RxLink or the Services is solely at your own risk.

  1. The Services are “As Is”

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RXLINK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. RXLINK DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RXLINK SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. 

RxLink is not obligated to provide any maintenance, technical or other support for the Service. 

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. RxLink does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1. Eligible Users

The Services are offered and available to users who are 18 years of age or older. Users may use the service in relation to prescriptions written for individuals in their care who may be under 18 years of age. By using the Services, you represent and warrant that you are of legal age to form a binding contract with RxLink and meet all of the foregoing eligibility requirements. The Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Services.

  1. License

RxLink Limited License to You.

Subject to your compliance with these Terms, RxLink grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the RxLink websites and mobile applications solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by RxLink and RxLink ‘s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by RxLink; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Third Party Services and Content.

The Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under RxLink ‘s control, and you acknowledge that RxLink and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are RxLink or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.

The Services may be made available or accessed in connection with third party services and content, including advertising. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content, including coupons and discounts offered by third parties including pharmaceutical manufacturers and their affiliates. RxLink does not endorse such third party services and content and in no event shall RxLink be responsible or liable for any products or services of such third party providers, including pharmaceutical products or medical care (“Third Party Providers”). 

Ownership.

Copyright © 2023 RxLink, All Rights Reserved.

The following are trademarks or service marks of RxLink or its Affiliates: RxLink and Med Map. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of RxLink or its Affiliates. All other trademarks or service marks are property of their respective owners. The Services and all rights therein are and shall remain RxLink ‘s property or the property of RxLink ‘s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner RxLink ‘s company names, logos, product and service names, trademarks or services marks or those of RxLink ‘s licensors. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available to those utilizing the Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of RxLink and/or its Affiliates. You are only permitted to use the content as expressly authorized by RxLink or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from RxLink or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither RxLink nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.

  1. User Accounts

In order to use some aspects of the Services, you must register for and maintain one or more accounts (“Accounts”). Account registration requires you to submit to RxLink certain personal information, such as your full name, email address, date of birth, current pharmacy insurance coverage, or mobile phone. You agree to allow sharing of such information with RxLink from a referring party such as your employer or health care provider. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access or use the Services. 

You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account. Unless otherwise permitted by RxLink in writing, you may only possess one Account. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). 

You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

  1. Messaging Services

RxLink may allow users to request and receive pricing information, coupons and marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to receive pricing information, coupons and marketing messages from RxLink, including being contacted with communications containing prescription-related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. RxLink provides no warranty for any of the pricing data or other information provided to you via such communications. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health-related information. When you use the Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.

 Consent to Receive Text Messaging and Telephone Calls.

You agree that RxLink may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account or otherwise provided to us (such as by sending a coupon to yourself), including for marketing purposes. If you provide us with a third party’s contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send RxLink a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. Message and data rates may apply, and message frequency varies.  Carriers are not liable for delayed or undelivered messages.  You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.  Consenting to text messaging isn’t required to use a RxLink coupon, and if you prefer not to get text messages, please use email to send yourself a coupon instead.  You further understand that you may opt out of receiving marketing text messages from RxLink at any time, by texting the word “STOP” to the text message using the mobile device that is receiving the messages.  You can also reply HELP for more assistance, or get help directly by contacting info@rxlink.com.

10 . Disclaimers; Limitation of Liability; Indemnity

DISCLAIMER.

ALL CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RXLINK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, RXLINK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. RXLINK DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING THE MEDICAL GROUP OR PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

INFORMATION AVAILABLE THROUGH THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED THEREIN TO STOP PROVIDING MAIL DELIVERY SERVICES, AND TO SWITCH OUR ASSOCIATED THIRD PARTY CONTRACTORS AND VENDORS, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES OR THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. RXLINK MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, CONTENT, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICES OR THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY RXLINK OR ITS AFFILIATES.

Content available through the Services often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with RxLink. RxLink does not endorse, nor is it responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized RxLink, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms.

You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD, AND DISTRIBUTED BY THE PHARMACIES LISTED ON THE SITE MAY BE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED BY THE PHARMACY OR THIRD PARTIES WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE USE OR MISUSE OF THE PRODUCTS OBTAINED THROUGH OUR SITE MAY RESULT IN UNDESIRABLE OR UNEXPECTED CONSEQUENCES. RXLINK DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY PRODUCTS OR SERVICES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE, INCLUDING YOUR FAILURE TO COMPLY WITH ANY WARNING LABELS ATTACHED TO THE PRODUCTS.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

RXLINK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF RXLINK, EVEN IF RXLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

RXLINK SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF RXLINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RXLINK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND RXLINK’S REASONABLE CONTROL. 

THE SERVICES MAY BE USED BY YOU TO ACCESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT RXLINK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, RXLINK’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON RXLINK’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF RXLINK TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

Indemnity.

You agree to indemnify and hold RxLink and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii)your violation of the rights of any third party, including Third Party Providers or (iv) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. RxLink reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with RxLink in asserting any available defenses.

  1. Other Provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-North Carolinians to assert claims under North Carolina law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of North Carolina law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending North Carolina law to you if you do not otherwise reside in North Carolina.

Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe their rights under US copyright law have been infringed. If you believe in good faith that materials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked. In the event the site allows you to upload copyrighted material, these Terms apply.

If you believe your copyright-protected work has been posted on the site or in conjunction with Service in a way that constitutes copyright infringement (please consult an attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with a notice containing the following information: 

  • Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title, author, any registration or tracking number, URL) or, in the case of multiple works, a representative list of such works; 
  • Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing (e.g., a link to the page that contains the material); 
  • Your name, address, telephone number, and, if available, email address;
  • A statement that you have a good faith belief that the use of the material identified above is not authorized by the copyright owner, its agent, or the law;
  • A written statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  • Your physical or electronic signature. 

If you believe material that you have posted to the Services has been improperly taken down, you may file a written counter-notice with our DMCA Agent. Please include the following details: 

  • Identification of the material that has been removed or to which access has been disabled and the location at which it appeared before it was removed or disabled; 
  • A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; 
  • Your name, address, telephone number, and, if available, email address;
  • A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside the US, for any judicial district in which RxLink may be found, and that you will accept service of process from the person who submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above; and
  • Your physical or electronic signature. 

DMCA notices must meet current statutory requirements imposed by the DMCA.

Please send DMCA notices to our DMCA Agent at the following email (subject line “DMCA Communication”): info@rxlink.com     

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake, may be subject to liability. Please also be advised that we enforce a policy of terminating the Accounts of repeat infringers (i.e., users who have made two or more postings for which we receive a notice of infringement). 

RxLink’s DMCA Agent should be contacted only for the purposes set forth in this Section. NON-DMCA INQUIRIES DIRECTED TO RXLINK’S DMCA AGENT WILL NOT BE ANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY. 

 

Notice.

RxLink may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to RxLink, with such notice deemed given when received by RxLink, at any time by e-mail to info@rxlink.com           

Entire Agreement.

Except as expressly provided herein, these Terms, any supplemental terms, and the Privacy Policies referenced herein constitute the entire agreement between you and RxLink with respect to the use of the site and Services.

General.

You may not assign these Terms without RxLinks’s prior written approval. RxLink may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of RxLink’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, RxLink or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. RxLink ‘s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by RxLink in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Please contact us at info@rxlink.com with any questions regarding these Terms.